By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Agent and/or End-User to access or use the Service or Site, you, your Agents and/or End Users agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to these Terms for that Entity and representing to Emtel that you have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “you,” “your” or related capitalized terms herein shall refer to such Entity, its representatives and affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.
Emtel LTD, having its principal place of business at EmtelWorld, 10, Ebene Cybercity, Ebene, Mauritius and bearing business registration number C06006174, (“Emtel”, “We”, “Us” and/or “Our”) provides hosted cloud software solutions and services including but not limited to website hosting, backup storage and email services(collectively, the “Service”). The Service is provided by Emtel to you and any individual or entity to whom you grant the right to access the Service through your account as (i) an agent and/or administrator as identified through a unique login (“Agent”), or (ii) as an end-user connecting with you or your Agents via the Service (“End User”), subject to these Terms and/or any other rules that may be published by Emtel. From time to time, We may notify you of updates or modifications to or new versions of the Service. confirms your acceptance of the new or updated Service, and is also subject to, these Terms and any modifications hereto pursuant to such updates or modifications to or new versions of the Service.
General Conditions and Restrictions
During the term of your subscription to the Service (“Subscription”) and such term of Subscription (the “Subscription Term”), you have the limited right to use the Service solely for your own internal, personal or commercial use as an online platform. Depending on the Service you choose you might have different functionalities. You agree to provide true, accurate, current and complete information as required by Emtel. You agree not to transfer, lease, rent, assign, sublicense or resell the Service, in whole or in part, directly or indirectly, unless you are an authorized partner of Emtel and only pursuant to a separate partners’ agreement entered into between you and Emtel (“Partners’ Agreement”), and you further agree not to allow any third party other than your Agents and End Users to access the Service. You are responsible (i) to obtain the consent of and (ii) compliance with the provisions of these Terms by your Agents and End Users. Any and all activities that occur under your account shall be deemed to have been done with your authorisation.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment (i) is compatible with the Service and, to the extent applicable, to any Software provided through the Service and (ii) complies with all configurations and specifications set forth in Emtel’s published then in effect.
You understand and acknowledge that We have no obligation to monitor any portion of the Service, including without limitation, data, information, feedback, suggestions, text, content and other materials uploaded, posted, delivered, published, provided or otherwise linked, transmitted or stored (hereafter, “Post” or “Posted”) by you, your Agents and/or your End Users (collectively, “Your Content”). By posting Your Content on or through the Service, you hereby do and shall grant Emtel a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content as necessary to provide the Service. You acknowledge that you bear sole responsibility for Your Content, including (a) making any determination as to whether you have the legal right to store, reproduce or otherwise make use of Your Content in the manner contemplated by you; and (b) complying with all domestic and international laws and any other legal obligations associated with Your Content, including, but not limited to, copyright, trademark, trade secret, defamation, privacy, decency, security and export laws. You acknowledge and agree, however, that Emtel and its representatives shall have any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service.
While Emtel strives to protect personal information and privacy, We cannot guarantee the security of any information you disclose online. You acknowledge by accepting these Terms that you are aware of our limitations with respect to security and privacy and that Emtel will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You acknowledge and allow Emtel and its representatives to access and inspect your Content to protect personal safety, perform troubleshooting, restore systems operation in the event of a server failure, remove illegal content or prevent a server failure, service outage or other damage.
As part of the registration process, You agree and acknowledge that you, each Agent and/or End User will respectively be identified by a unique Login Credential and that such Login Credentials may only be used by one (1) individual. You, your Agents and End Users agree not to share your Login Credentials among multiple individuals. You understand and agree that access to and use of the Service is restricted to the specified number of individual users permitted under your Subscription.
You, your Agents and End Users are solely responsible for maintaining the confidentiality of your respective Login Credentials and agree to immediately notify us of any unauthorized use of the Service or any other breach of security related to the Service known to or suspected by you. Emtel assumes no responsibility for the deletion of or failure to store electronic messages, chat communications, unified communications, VOIP video or audio calls or other information or content submitted by you, your Agents and/or End Users using the Service , whether submitted as part of the Service or otherwise.
You shall comply with any codes of conduct, policies or other notices (the “Policies”) that Emtel provides you or publishes on the Site in connection with the Service.
You agree not to use the Service:
- To display, upload or promote obscene, indecent, pornographic or sexually explicit activities or content which does not comply with legally acceptable content standards;
- To promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior;
- To promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- To promote harmful or fraudulent content and/or for a purpose related thereof.
- To promote illegal activities or violate applicable national and international laws or regulations;
- To violate the intellectual property rights of third parties;
- In a manner that has the potential to interfere with the use, enjoyment, deployment or operation of the Service by others;
- To post, store or transmit any content that (a) you do not have a right to post under any law or under contractual or fiduciary relationships; (b) contains software viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) poses or creates a privacy or security risk to any person; (d) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (e) is otherwise objectionable in Emtel’s sole judgment;
- To solicit personal information from or otherwise collect information regarding any child, minor or anyone under the age of 18;
- To harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- To advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- To modify, interfere with, damage, disrupt, adapt or hack any or part of the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; and/ or
- To store or transmit any “protected health information” in accordance with the laws of Mauritius and/or any laws of other countries as may be applicable to the Service..
Emtel reserves the right to refuse to transmit or to remove any of Your Content, in whole or in part, that, in its sole discretion, Emtel deems unacceptable, undesirable, inappropriate or in violation of any law or these Terms. Emtel shall in no event be liable for any damages resulting from such refusal to transmit or removal of content.
In addition to Emtel’s rights as set forth in the Termination section of these Terms, Emtel reserves the right, in its reasonable discretion, to temporarily suspend your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service (b) during any unavailability caused by circumstances beyond Emtel’s reasonable control, such as, without limitation, technical failures beyond Emtel’s reasonable control (such as, without limitation, inability to access the Internet or failure of infrastructure systems), acts of war, acts of terror or other civil unrest, acts of vandalism, natural disaster or other acts of God, strike, unavailability of energy sources, acts of government, or acts undertaken by third parties, including without limitation, distributed denial of service attacks (collectively, “Force Majeure Events”); and/or (c) if Emtel suspects or detects any malicious software connected to your account or use of the Service by you, your Agents and/or End Users.
Grant of Limited License
Any software that may be made available by Emtel in connection with any of the Services (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, Emtel grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service in accordance with these Terms during the Subscription Term.
You agree not to do any of the following:
- Copy the source code of the Service or its content,
- Translate the Service or its content,
- Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, modify, decompile, alter, duplicate, or make copies of the Service, or the Site,
- Unless authorized in writing by Emtel, use the Service to monitor tags on web pages or email campaigns which generate over 1,000,000 visits per month or over 500 concurrent visitors at any given time,
- Harass, threaten, embarrass or cause distress or discomfort to any other users of the Service, or any other individual or entity,
- Access the Service by any means other than through the interface that is provided by Emtel for use in accessing the Service,
- Impersonate any other person or entity, including without limitation any Emtel official, or misrepresent your affiliation with any other person or entity, or
- Emtel defines SPAM, also known as Unsolicited Commercial Email (“UCE”) or Unsolicited Bulk Email (“UBE”), as any email message the recipient considers unsolicited and of a commercial nature or email sent in bulk. Emtel expressly prohibits the sending of SPAM through its network and servers in order to protect the integrity of the Emtel server and network resources. You agree not to and shall ensure that your Agents and/or End Users do not send unsolicited bulk e-mail through the Service (including button code or monitor tag) or the Site, or a link to a web site that contains a link to the Service or the Site.
Prohibited SPAM includes unsolicited emails, bulk emails, SPAM response collection, SPAMvertising, mail bombing, mail harassment, letter bombing, prohibited mailing list activity, prohibited newsgroup activities, etc.
Complaints of SPAM, regardless of whether the email is actually solicited or not, are what trigger the blacklisting of networks and services. Therefore, the sending of email which results in SPAM complaints is conclusively a spamming activity in violation of Emtel’s No-Spam Policy. It is exclusively your responsibility to prevent all SPAM complaints resulting from email activities on Emtel hosted account.
Emtel processes reports of SPAM activity and SPAM complaints in the manner described as following. If the email activity associated with the your hosted Emtel account realizes SPAM activity, Emtel reserves the right to immediately suspend, limit or disable the account, and send email notice to your account contact. An immediate threat includes Emtel’s receipt of ten or more SPAM complaints in a 72 hour period.
Intellectual Property Rights and Privacy
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMTEL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:
- ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SERVICE; AND
- ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OR ERROR IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR CONTENT.
The Services may contain Software products or technology that is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software products could lead to death, personal injury, or severe physical, property or environmental damage. Emtel shall not be liable for any losses or damages arising from the foregoing. It is your sole responsibility to isolate the Service and execute anti-contamination services and otherwise take steps to ensure that Service or other information obtained from the Service, if contaminated or infected, will not damage your information or system. Emtel makes no warranty regarding any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from Emtel, shall create any warranty not expressly made herein.
Limitation of Liability
IN NO EVENT SHALL EMTEL LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PERSON:
- FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE), IN ANY WAY ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, EVEN IF EMTEL LTD SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR
- FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICE, OR ANY OTHER SOFTWARE OR OTHER CONTENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMTEL’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT IN NO EVENT WILL EMTEL’S TOTAL LIABILITY EXCEED THE TOTAL OF THE FEES, IF ANY, PAID BY YOU FOR YOUR SUBSCRIPTION DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE ALLEGED CLAIM OR ALLEGED CAUSE OF ACTION OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.
You agree that you will not share the Service to any country, person, entity, or End User in violation of the Mauritius export restrictions.
Emtel will indemnify and hold you harmless, from and against any claim against you by reason of your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”). (b) Emtel will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim, and (c) you fully cooperate with Emtel in connection therewith. If use of the Service by you, Agents or End Users has become, or in Emtel’s opinion is likely to become, the subject of any such IP Claim, Emtel may at its option and expense (a) procure for you the right to continue using the Service as set forth hereunder; (b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by Emtel, terminate your Subscription and repay you, on a pro-rated basis, any prepaid portion of fees attributable to the remainder of the term of your Subscription, previously paid to Emtel. Emtel will have no liability or obligation under this Indemnification Section with respect to any IP Claim if such claim is caused in whole or in part by (a) compliance with designs, data, instructions or specifications provided by you; (b) modification of the Service by anyone other than Emtel; or (c) the combination, operation or use of the Service with other hardware or Software where the Service would not by itself be infringing.
The provisions of this Indemnification Section state the sole, exclusive and entire liability of Emtel to you and constitute your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service by you, Agents or End Users.
By using the Service, you agree to indemnify and hold Emtel harmless from and against any claims brought against Emtel arising in connection with or related to the use of the Service by you, Agents or End Users in breach of any of the provisions, terms or conditions set forth in these Terms including any tampering with the Service or attempt thereto.
Either Emtel or you may terminate these Terms and your Subscription as of the end of your then-current Subscription Term upon written notice to the other, at least one month preceding the end of such Subscription Term. Unless your Subscription is so terminated, your Subscription will renew for a Subscription Term equivalent in length to the then-expiring Subscription Term. Unless otherwise agreed to in writing, the fees applicable to your Subscription for any such subsequent Subscription Term shall be Emtel’s standard fees for the Service plan to which you have subscribed as of the time such subsequent Subscription Term commences.
No refunds or credits for fees or payments will be provided to you if you elect to terminate your Subscription prior to the end of your then-effective Subscription Term. Following the termination or cancellation of our Subscription, Emtel reserves the right to delete all Your Content in the normal course of operation. Your Content cannot be recovered once your Subscription is cancelled.
If you terminate your Subscription prior to the end of your then-effective Subscription Term, or Emtel effects such termination or cancellation under these Terms, in addition to other amounts you may owe Emtel, you must immediately pay any then unpaid Subscription charges associated with the remainder of such Subscription Term. Such amounts and charges will not be payable by you in the event you terminate your Subscription to the Service or cancel your account as a result of a material breach of these Terms by Emtel, provided that you provide advance notice of such breach to Emtel and afford Emtel not less than thirty (30) working days to reasonably cure such breach.
Emtel may, in its sole discretion and without the need for any judicial or extra-judicial formality, terminate, discontinue or modify the Service or your use of the Service (or any part thereof), permanently or temporarily, if Emtel believes that you, Agents and/or End Users have violated these Terms. Emtel shall not be liable to you, Agents, End Users or any other third party for any such removal or disablement of Your Content, modification, suspension or discontinuation of your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by you, Agents or End Users may be referred to law enforcement authorities at Emtel’s sole discretion.
Upon termination or cancellation of your Subscription, you will immediately cease all use of the Service and any documentation provided to you and return or destroy all copies thereof. Your right and license to use the Service shall immediately cease upon termination. You shall thereafter have no right, and Emtel shall have no obligation, to forward Your Content or any messages or information to you, your End Users or any other third party. Except as otherwise expressly provided herein, all accrued rights to payment and all sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, restrictions on the use of the Service, payments obligations for any amounts owed, indemnities, warranty disclaimers, and limitations of liability. Termination of Service is not an exclusive remedy and We reserve our rights to all other available remedies in contract, law or equity.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a Subscription payment plan and provide Emtel information regarding your credit card or other payment instrument. You represent and warrant to Emtel that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Emtel the amount that is specified in your selected Subscription payment plan in accordance with the terms of such plan as presented on the Site or any order form provided by and entered with Emtel (“Emtel Order Form”). You hereby authorize Emtel to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your Subscription, and you further agree to pay any charges so incurred. If you dispute any charges you must let Emtel know within sixty (60) days after the date that Emtel bills your payment instrument. You shall be responsible for all taxes associated with your Subscription.
Emtel shall not be liable to you, your End-Users or any other person for any delay or failure in the performance of its obligations hereunder or for loss or damage of any nature whatsoever suffered by you or such persons due a Force Majeure Event.
The Service, Software or other components of the Service which Emtel may provide or make available to you, Agents or End Users may be subject to MRU (Mauritian) export control and economic sanctions laws, or similar regulations by a non-MRU agency or authority, including without limitation the U.S. Export Administration Regulations and other international laws applicable to the Service. You agree to comply with all such laws and regulations as they relate to the access to and use of the Service, Software and such other components by you, Agents and End Users. You shall not access or use the Service if you are located in any jurisdiction in which the provision of the Service or other components is prohibited under MRU or other applicable laws or regulations (a “Prohibited Jurisdiction”) and you shall not provide access to the Service to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (a) you are not named on any MRU government list of persons or entities prohibited from receiving MRU exports, or transacting with any MRU person, (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction, (c) you shall not permit Agents or End Users to access or use the Service in violation of any MRU or other applicable export embargoes, prohibitions or restrictions, and (d) You shall comply with all applicable laws regarding the transmission of technical data exported from the Republic of Mauritius and the country in which you, your Agents and End Users are located.
You may be able to enable, access or use third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or which you may connect to or enable in conjunction with the Service, including, without limitation, products or services provided by affiliates of Emtel (collectively, “Other Services”). If you decide to enable, access or use Other Services, be advised that your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and Emtel does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Your Content) or any interaction between you and the provider of such Other Services. You irrevocably waive any claim against Emtel with respect to such Other Services. Emtel is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Other Services, or your reliance on the privacy practices, data security processes or other policies of such Other Services. You may be required to register for or log into such Other Services on their respective websites. By enabling any Other Services, you are expressly permitting Emtel to disclose your account credentials as well as Your Content as necessary to facilitate the enablement and use of such Other Service.
These Terms and any Emtel Order Form constitute the entire agreement (Agreement), and supersede any and all prior agreements or understandings between you and Emtel with regard to the subject matter hereof. This Agreement shall apply in lieu of the terms or conditions in any purchase order or other order documentation you or any Entity which you represent provide (all such terms or conditions shall be null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof.
Notwithstanding the foregoing, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
You warrant that you are 18 years or above and/or are eligible, under the laws of Mauritius or the laws applicable in your jurisdiction, to enter into this Agreement with Emtel.
Emtel may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Emtel will notify you via the Site or your account prior to the effective date of any such amendment and your continued use of the Service following the effective date of any such amendment may be relied upon by Emtel as your consent to any such amendment. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You may not assign this Agreement without the prior written consent of Emtel. Emtel may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent.
Any waiver (express or implied) by Emtel of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of this Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of Emtel.
By entering into this Agreement, you acknowledge that you are transacting business with Emtel in the Republic of Mauritius. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the Republic of Mauritius, without regard to the principles of conflicts of law and, unless otherwise elected by Emtel in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts located within the Republic of Mauritius for the purpose of resolving any dispute relating to your access to or use of the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
Your access of this website and/or undertaking of a booking or Subscription indicates your understanding, agreement to and acceptance, of our Disclaimers and the full terms and conditions contained herein. Your statutory consumer rights are unaffected.
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