Optonetwork :: Terms and Conditions

The Opto Network website is comprised of various web pages operated by Opto Network IP Soft Phone/Web phone/VOIP Device (hereinafter referred as “Opto Network Services” which includes referring Opto network, Opto Network Pvt. Ltd., Opto Network IP Soft Phone, Web phone and services using Opto Network IP Soft Phone/Website).

The offer of Opto Network services is subject to your acceptance, without modifications, of the terms, conditions, and notices contained herein. Your use of the Opto Network services and/or downloading of its application on your PC constitute your agreement to all such terms, conditions, and notices.

User understands that the Internet Telephony is governed by ISP (including Internet Telephony) and other applicable licenses and laws of the Indian Government (Department of Telecommunications). User shall therefore ensure compliance to such license conditions and laws and also ensure that Internet Telephony service provided by Opto Network services is not connected with PSTN (Public Switch Telephony Network). Any infringement would result in termination of Service without any notice. This will be in addition to any action taken by the Government, or under the Law.

User further understands that under no circumstances shall Opto Network services, its affiliates or its contractors 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 Service or any part thereof, or User’s reliance on or use of information, services or merchandise provided on or through Service, or that results from mistakes, omission, interruption, errors, defects, delays in operations, or transmission, or any failure of performance.

User understands also that Service is prepaid. Customer will pay to Opto Network Pvt. Ltd. for taking Service from them at the prescribed rate under different Plans, as described on the face of this form. Rates may be revised from time to time. User will be informed in writing, through any means of communication possible, in case the rates are revised. For making calls other than in the Plan, User needs to deposit a sum and it is his responsibility to ensure that there is adequate balance in his account for making calls. Details pertaining to User’s account can be ascertained by him from the website www.optonetwork.com. Service will stop if the balance is reduced to a predetermined level. Payments will be made in advance, without waiting for the invoice.

User understands that the date of creation of Account is deemed to be the date of this Agreement.

User understands that it is the user’s responsibility to get bandwidth connection from the nearest available source. The bandwidth should be sufficient (minimum 32-36 Kbps pure uplink) with low latency (less than 400ms to USA) to provide requisite quality call. The User Premises Equipment needs real / private dynamic IP to work, which has to be provided by the User.

User understands that the User Premises equipment provided by Opto network to the User will be owned by Opto network Pvt. Ltd. against refundable non-interest bearing security deposit money paid by him to Opto Network Pvt. Ltd. This deposit will be refunded to User by Opto Network in case of termination of the service.

Opto Network services reserves the right to change the terms, conditions, and notices under which the Opto Network services is offered, including but not limited to the charges associated with the use of the Opto Network services.

As a condition of your use of the Opto Network Services, you warrant to Opto Network Services that you will not use the Opto Network Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Opto Network Services in any manner which could damage, disable, overburden, or impair the Opto Network Services, its website or interfere with any other party's use and enjoyment of the Opto Network Services. You may not obtain or attempt to obtain any material or information through any means which are not intentionally made available or provided for through the Opto Network Services.

The Opto Network Services web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively referred as "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. When using a Communication Service, you agree not to indulge in any activity including but not limited to:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of other's computers

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages

Conduct or forward surveys, contests, pyramid schemes or chain letters

Download any file posted by another user of a Communication Service that you know or reasonably should know, cannot be legally distributed in such manner

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded

Restrict or inhibit any other user from using and enjoying the Communication Services

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service

Harvest or otherwise collect information about others, including e-mail addresses, without their consent

Violate any applicable laws or regulations Opto Network Services has no obligation to monitor the Communication Services. However, Opto Network Services reserves the right to review materials posted to a Communication Service and to remove any material in its sole discretion. Opto Network Services reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Opto Network Services reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in parts, in its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Opto Network Services does not control or endorse the content, messages or information found in any Communication Service and, therefore, Opto Network Services specifically disclaims any liability whatsoever with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Opto Network Services’s spokespersons, and their views do not necessarily reflect those of Opto Network Services.

Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination etc. You are responsible for adhering to all such limitations if you download the materials.

Opto Network Services does not claim ownership of the materials you provide to Opto Network Services (including feedback and suggestions) or post, upload, input or submit to any Opto Network Services Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Opto Network Services, its affiliated companies and necessary sub licensees permission to use your Submissions in connection with the operation of their Internet businesses including but not limited to the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Opto Network Services is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Opto Network Services does not take any responsibility, whatsoever, with respect to your Submissions

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Opto Network Services WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

Opto Network Services AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Opto Network Services WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Opto Network Services WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Opto Network Services AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Opto Network Services WEB SITE FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Opto Network Services AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Opto Network Services AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Opto Network Services WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Opto Network Services WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Opto Network Services WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Opto Network Services WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Opto Network Services OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Opto Network Services WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE SERVICES USING THE Opto Network Services WEB SITE.

Opto Network Services reserves the right, in its sole discretion, to terminate your access to the Opto Network Services website and the related services or any portion thereof at any time, without notice.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Union of India and you hereby consent to the exclusive jurisdiction and venue of courts in Delhi, India in all disputes arising out of or relating to the use of the Opto Network Services. Use of the Opto Network Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Opto Network Services as a result of this agreement or use of the Opto Network Services Web Site. Opto Network Services’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Opto Network Services’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Opto Network Services or information provided to or gathered by Opto Network Services with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Opto Network Services with respect to the Opto Network Services & its Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Opto Network Services with respect to the Opto Network Services & Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.