BY CHECKING ON THE ‘I Agree’ & CLICKING ON THE LOGIN BUTTON IN THE HOTEL’S GUEST INTERNET LOGIN PAGE YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE FOREGOING TERMS AND CONDITIONS TERMS & CONDITIONS FOR USE OF GUEST INTERNET SERVICES You are the end user hereinto referred to as "User". By signing up for the service, you accept all of the terms and conditions ("Terms and Conditions") set forth below, and in any addenda to this agreement, and authorize Hotel to provide the Services (as defined below) for a period agreed to upon placing an order for the Services (the "Initial Term") 1.Customer Login System The hotel Guest Internet System (Wired or Wireless) which you are using without access into the customer login system is activated to allow access only to the hotel’s official websites. Only on placing an order for the Services by selecting an Internet plan, you would be authenticated to access the Internet through the customer login system for requested plan on payment of stipulated fees based on the plan selected by you. 2. Computer Equipment & devices 2.1 Use of any personal pen drives or other data storage and transfer devices in the Business Centre is subject to permission from the Hotel Business Centre staff after due Antivirus and Anti-Worm checks and other security checks have been made. 2.2 User agrees to purchase Internet access services ("Services") made available including materials, which set forth the minimum hardware and operating system requirements necessary to use the Services. User may be provided with a radio, an antenna, and certain software, secure username and passwords (collectively the "Equipment") and may also provide a user manual that contains instructions for setting up and using the Equipment. The Equipment provided, if installed and/or used properly, allows the User to access and use the Services. User represents and agrees that User has reviewed those materials and that the personal computer in which the Equipment may be installed meets these minimum requirements. 2.3 In case you use your personal laptop/computer to connect to the internet using customer login system, you are advised to use appropriate security measures such as a VPN connection, personal firewall, keep your operating system up-to-date with security patches, etc. Hotel shall not be responsible for any loss of any data . 2.4 Here are a few security recommendations: Disable the wireless cards ad-hoc (peer-to-peer) mode. This can be done via the adapter"s utilities or within Windows XP. Remove or disable the wireless card if you are working offline. Install a personal firewall. Windows XP offers a basic firewall, but a more advanced personal firewall can prevent others from accessing a laptop. Install personal antivirus software. Take advantage of the email client"s security features, particularly digital signatures and email encryption. Digital signatures verify your identity to your recipients and ensure that messages are not tampered with. Make sure you submit credit-card information only to SSL-protected web sites (look for https:// in the address bar). Keep your OS and software up to date with security patches. 3. Services Services provided are intended to be used by User only. The Fair Use Policy has been implemented so that we can deliver inter service that is fast and reliable to all our guests. We monitor the performance of our network and may restrict the amount of bandwidth available to very heavy users during busy periods to ensure that the majority of our guests have a good experience. 4. Billing 4.1 You will pay the fees due in connection with the Service in accordance with the fee schedule displayed on the hotel’s internet login page. 4.2 User agrees to pay all charges to User’s account, including payment towards Initial Term, recurring fees, applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. 5. Intended Use of the Services 5.1 User acknowledges and agrees that the Services are for an individual’s personal use and shall not use the Services in a manner prohibited by any law or regulation. Transmission of any material in violation of Indian laws or regulations, including, but not limited to any copyrighted material, proprietary materials protected by Intellectual property law, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. We assume no responsibility for and exercise no control over any unlawful or objectionable content contained on the Internet or that is otherwise available through the Services. All content accessed or received by the User is used by User at his or her own risk, and we and our employees shall have no liability resulting from the access or use of such content by the User. 5.2 Internet sites of the Hotel may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Hotel and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of The Hotel and/or other parties is granted to or conferred upon you by using the Services. 5.3 You are responsible for (1) maintaining the confidentiality of the username & password/Internet authorized access including access using certificates and (2) all activities that occur under your username and password/ Internet authorized access/including usage using certificate. You will be liable and agree to indemnify the Hotel for all losses, damage, costs and expenses, direct or indirect, however incurred, suffered by Hotel due to the loss, misuse and/or disclosure of your username and password. 6. System and Network Security 6.1 Users shall not attempt to circumvent user authentication or security of any host, network, or account (also known as "cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorized to access, or probing the security of other networks. 6.2 Users may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. 6.3 Users may not use any kind of program/script/command, spiders, robots or send messages of any kind, designed to interfere with a user"s terminal session, via any means, locally or by the Internet. 6.4 User understands that there are certain security risks by utilizing guest internet access using both wired & wireless networks. We are committed to maintaining a public network for ease of use and make no guarantees or representations regarding the security of our network. We recommend the use of personal firewall software and a VPN client to attach to private networks. 7. Breach of the agreement 7.1 Hotel shall investigate any misconduct / suspected breach of the agreement by User, and reserve the right to take such steps including suspension or withdrawal of the Service with immediate effect and without notice to User. 8. Disclaimer 8.1 User acknowledge that your use of the Service is at users own risk and the hotel assumes no liability on the account of the same. The Service is provided on an "as-available" basis, and to the fullest extent permitted by law, we hereby exclude all and any warranties or conditions of any kind whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. Without prejudice to the foregoing generality: 8.2 We do not warrant that the Service will be uninterrupted, timely, secure or error-free at all times or will meet your requirements; and we are not responsible for the security, integrity, accuracy or completeness of any information that you transmit or receive while using the Service. 9. IP Addresses IP addresses are normally assigned on a dynamic basis and there is little or no assurance that the User will be assigned the same (or even similar) IP address between sessions. 10. Restrictions Users agree not to run any servers in conjunction with the Services, including but not limited to, electronic mail, NAT, DHCP and DNS servers. In the event any User attempts to utilize a server on the network, we may, at our sole discretion, increase the fees associated with the Services, or terminate the Services. 11. User Complaint Resolution In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, User should contact the Hotel’s Assistance by dialing ‘6’ from his/her room. 12. Additional Terms and Conditions 12.1 Additionally, our web site may contain links to Web sites operated by other third parties other than us. Such links are provided for your convenience only. We do not control such Web sites and is not responsible for their contents. Our inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. 13. Entire Agreement This document shall be read in conjunction with and be supplemented by the guest registration card which is already signed by you. Notwithstanding anything mentioned in this document, in case of any conflict the terms in the guest registration card shall prevail and be binding on the parties. 14. Assignment and Successors in Interest All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of User. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of User or Hotel shall be assigned or delegated without the prior written consent. Any unauthorized assignment or delegation shall be void. Notwithstanding the foregoing, we may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof. 15. Venue/Choice of Law All disputes, whether arising out of, or incidental to stay at the Hotel, directly or indirectly, or through any Franchisor, agent etc, shall be a subject matter of dispute between Guest and Hotel only and shall be referable to arbitration in accordance with the Arbitration and Conciliation Act, 1996, conducted in the city where Hotel is situate, by a sole Arbitrator who shall have the qualification of ten years in the hospitality industry, and be duly appointed by the Indian Council for Arbitration. All disputes between the Guest and the Hotel shall be governed by Indian law and only Courts in India where the Hotel is situate shall have jurisdiction. 16. Severability In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect. 17. Indemnification 17.1 User shall indemnify and hold us harmless against any and all claims, losses, damages and liabilities sustained by the Hotel and/or the User resulting from, rising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions. 17.2 You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trademarks, database rights, patents and inventions) in and relating to the Service are owned by us and our licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you. We reserve the right to assign or sub-contract any of our rights and obligations under this agreement without notice to you. BY CHECKING ON THE ‘I Agree’ & CLICKING ON THE LOGIN BUTTON IN THE HOTEL’S GUEST INTERNET LOGIN PAGE, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE FOREGOING TERMS AND CONDITIONS
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