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Terms and Conditions
As an Internet Service Provider
("ISP"), Cyber World Pvt Ltd offer
our subscribers the means to
acquire and disseminate a wealth
of public, private, commercial and
non-commercial information. We
also want our subscribers to be
fully informed of their rights and
obligations -- and ours -- in
connection with their use of the
Internet. This Network Access
Policy, which supplements and
explains certain terms of service
agreement (the "Services
Agreement"), is intended as a
plain English guide to those
rights and obligations.
The fundamental fact about the
Internet is that no one --neither
us, nor anyone else -- owns or
controls it. This fact accounts
for much of the Internet's
openness and value, but it also
places a high premium on the
judgment and responsibility of
those who use the Internet, both
in the information they acquire
and in the information they
disseminate to others. When
subscribers obtain information
through the Internet, they must
keep in mind that we cannot
monitor, verify, warrant or vouch
for the accuracy and quality of
the information that subscribers
may acquire.
When subscribers disseminate
information through the Internet,
they also must keep in mind that
we do not review, edit, censor or
take responsibility for any
information our subscribers may
create. This places on subscribers
what will be, for most, an
unfamiliar responsibility. When
users place information on the
Internet, they have the same
liability as other authors for
copyright infringement, defamation
and other harmful speech. Also,
because the information they
create is carried over our
facilities and may reach a large
number of people, including both
subscribers and non-subscribers of
ours, subscribers' postings to the
Internet may affect other
subscribers and may harm our
goodwill, business reputation and
operations. For these reasons,
subscribers violate our policy and
the Services Agreement when they,
their affiliates or subsidiaries
engage in the following
activities:
Any material hosted in the web
page that violates the law of
Nepalese Law. If service is used
for offensive in moral, communal
or political grounds or is abusive
or of an indecent, obscene or
menacing character.
If the web page cause any threat,
harassment, annoyance,
inconvenience or needless anxiety
to any individual person or
organization or party.
Copyright Violation -- Violation
of copyrights held by individuals
and corporations or other entities
can result in civil and criminal
liability for infringe, and can
involve the ISP in litigation and
possible loss of reputation.
Password security--You are solely
responsible for maintaining the
confidentiality of the password
and account, and are fully
responsible for all activities
that occur under your password or
account. You agree to (a)
immediately notify Cyber World Pvt
Ltd of any unauthorized use of
your password or account or any
other breach of security, and (b)
ensure that you exit from your
account at the end of each
session. Cyber World Pvt Ltd
cannot and will not be liable for
any loss or damage arising from
your failure to comply with this,
Password security, section.
Distribution and/or Transmission
of Obscene or Indecent Speech or
Materials -- Violation of
indecency and obscenity laws can
result in criminal penalties.
Defamation -- Defamatory speech
distributed over the Internet can
result in civil liability for the
defamer and litigation against the
ISP whose facilities were used to
distribute the defamatory
material.
Illegal/Unauthorized Access to
Other Computers or Networks -- The
illegal or unauthorized accessing
(often known as "hacking") of
computers or networks carries
potential civil and criminal
penalties.
Distribution of Internet Viruses,
Worms, Trojan Horses and Other
Destructive Activities --
Distribution of Internet viruses,
worms, Trojan horses and other
destructive activities, such as
hacking, can result in serious
civil and or criminal liability
under His Majesty’s Government (HMG),
Nepal law.
Other Activities, whether lawful
or unlawful, that we determine to
be harmful to our subscribers,
operations or reputation,
including any activities that
restrict or inhibit any other user
from using and enjoying the
service or the Internet.
As we have pointed out, the
responsibility for avoiding the
harmful activities just described
rests primarily with the
subscriber. Cyber Worldwill not,
as an ordinary practice, monitor
the web page of our subscribers to
ensure that they comply with our
policy or applicable law. When we
become aware of harmful materials,
however, we will take any of a
variety of actions. We will remove
information that violates our
policies, implement screening
software designed to block
offending transmissions, or take
any other action we deem
appropriate, including termination
of a subscriber's contract with
us.
We also are aware that many of our
subscribers are, themselves,
providers of Internet services,
and that information reaching our
facilities from those subscribers
may have been originated by
customers of those subscribers or
other third parties. We expect
that our subscribers who provide
Internet services to others will
comply fully with all applicable
laws concerning the privacy of
on-line communications. We do not
require our subscribers who offer
Internet services to monitor or
censor transmissions created by
customers of its subscribers. At
the same time, subscribers who
knowingly transmit materials that
violate law or our policy are
themselves, in violation of our
policy. Similarly, we anticipate
that subscribers who offer
Internet services will cooperate
with us in any corrective action
that we deem necessary, in order
to correct and prevent the
transmission of material that is
harmful to us or our subscribers.
Failure to cooperate with such
corrective and preventive measures
is a violation of our policy.
We can not take any responsibility
for the security of communications
transmitted over our facilities.
We will comply fully, however,
with all applicable laws
concerning the privacy of our
subscribers' on-line
communications. In particular, we
will not intentionally monitor the
web page of the subscriber unless
required to do so by law. We may,
however, monitor our service
electronically to determine that
our facilities are operating
satisfactorily. Also, we may be
required to disclose information
transmitted through our facilities
in order to comply with court
orders, statutes, regulations or
governmental requests. Finally, we
may disclose information
transmitted over our facilities
where necessary to protect our
subscribers and us from harm, or
where such disclosure is necessary
to the proper operation of the
system.
A subscriber's failure to comply
with those laws will violate our
policy. Finally, we wish to
emphasize that in signing the
Services Agreement, subscribers
indemnify us for any violation of
the subscriber of the Services
Agreement, or of law and policy,
that results in loss to us or the
bringing of any claim against us.
This means that if we are sued
because of activities of the
subscriber that violate any law,
the Services Agreement or this
policy (which is part of the
Services Agreement), the
subscriber will pay any damages
awarded against us, plus costs and
reasonable attorneys' fees.
We hope these terms and conditions
are helpful in clarifying the
obligations to our subscribers
including us, as responsible
members of the Internet. |