This is the agreement between Nettlinx and the user of Pre-paid Internet Telephony services provided under the brand name of Matallo governing the terms and condition subject to which Nettlinx offers the services. This document also provides for guidance to users how - to - use guidance, to facilitate and get acquainted with smooth and trouble free usage of services. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

Nettlinx -  is an Internet Service Provider, authorized to provide Internet Telephony Services in the State of Andhra Pradesh

Matallo - Terms of use: Makes available for your use on its website's - information, documents, software and products (collectively "Materials") and the prepaid services offered by Matallo (collectively "Services") subject to the terms and conditions set forth in this clause ("Terms of Use"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of use.

Matallo may modify the Materials, Services and Terms of Use at any time without notice and such modifications shall be deemed effective immediately upon making such changes.Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

Account Usage: The Account usage of your prepaid card can be seen on "view log" section of dialer or "My Account" section on www.matallo.com. The pulse rate charged for Matallo Internet Telephony is in 30 seconds (30/30) block. If you make a call talk for one minute and 6 seconds your time accounted will be for 1 Minute & 30 Sec's.

TRADEMARKS: All corporate names, service marks, logos, trade names, trademarks, website's and domain names of Matallo (collectively "Marks") are and shall remain the exclusive property of Nettlinx and nothing in this agreement shall grant you the license to use such Marks.

"Matallo" is the Brand name of the Internet Telephony Services provided by Nettlinx. The Brand name " Matallo" and its logo are registered under the provisions of The Trademark Act. Any unauthorized use of the same shall give rise to actions by Nettlinx for violation of provisions of the said Act.

COPYRIGHT: Trademark, copyrigMT, or other intellectual property laws protect all Services and/or Materials found in the Website. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of Nettlinx. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

USE OF SOFTWARE: The software that is made available to call from this Site is the copyrigMTed work of Matallo and/or its suppliers and partners. These Terms of Use govern use of such software and the terms set forth in the applicable end user license agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. Without limiting the foregoing, copying or reproduction of the software to any other service other server or location for further reproduction or redistribution is expressly prohibited.

YOUR CONDUCT: You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If Matallo believes, in its sole discretion, that you have engaged in any of the foregoing conduct, Matallo may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with Matallo, and your personally identifiable information to the proper authorities for investigation or prosecution.

ACCOUNT NUMBER & PIN NUMBER: You are responsible for maintaining the confidentiality and security of your account number and/or pin number. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES: Matallo reserves the rigMT to change the terms of use or policies regarding the use of the service at any time and to notify you by posting an updated version of the terms of use on the Matallo site.

EMERGENCY CALLS: You expressly acknowledge that emergency calls are not intended to be carried/supported by the software or services and that neither Matallo nor any of its affiliates, subsidiaries, parent companies, agents, network service providers, partners, or employees are or will be liable for such calls or your failure to make such emergency calls using the materials or services.

If you buy Matallo prepaid cards, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the Matallo prepaid card, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Matallo will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Matallo may also make improvements and/or changes to the Site, Materials or Services at any time without notice.

Statutory Provisions

Warranties and disclaimers: Hyperlinks or other web pages accessible from this site will enable you to leave Matallo's site. The linked sites are not under the control of Matallo and Matallo is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Matallo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Matallo of the site. Matallo and its affiliates do not control or endorse the content of third party website's. All services and materials provided on this site are provided "as is". Matallo does not make any warranties of any kind, either express or implied, including without limitation warranties of title or no infringement, or any implied warranties or merchantability or fitness for a particular purpose with regard to the services or materials, any transaction performed through the services or on the internet generally, or as to the quality of the call. Matallo shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Matallo does not warrant that the services or materials will be uninterrupted or error-free or will operate without packet loss or interruption nor does Matallo warrant any connection to or any transmission over the internet or that any defects in the services or materials will be corrected. Matallo does not guarantee or warrant that the files available for downloading from the site will be free of infection or viruses, worms, trojan horses or other code that contains contaminating or destructive properties. You are responsible and are urged to implement sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the services, materials and the Internet.

Guidelines Issued by Department of Telecommunication: The Internet Telephony services offered under the Brand name of " Matallo" are offered by Nettlinx. Subject to the provisions of guideline issued by Department of Telecommunication, Govt. Of India , Though some of the important provisions from the guideline are reproduced below, the entire guideline is enclosed herewith ( Annexure-1). We strongly recommend every user of these services to carefully read the guidelines provided in annexure-1 herewith.

Internet Telephony Services - Meaning and Scope: For the purpose of this agreement and for all other relevant purposes, the meaning of Internet Telephony shall be construed as the same meaning as provided in the guidelines issued by DOT on 2oth March , 2002. Entire guideline is attached herewith as Annexure to this agreement, for easy reference of the users. However the relevant paragraph defining Internet Telephony is reproduced as under:

Internet Telephony means an Application Service, which the customers of ISP's can avail from their Personal Computers (PC) capable of processing voice signals or other IP based Customer Premises Equipment (CPE) as mentioned below:

PC to PC (Both within as well as outside India)

PC to Telephone (PC in India to Telephone outside India) IP-based H.323/SIP Terminals in India to similar Terminals both in India and abroad, employing IP addressing scheme of IANA. Access to the ISP node through the authorized facilities of authorized Cable Operators shall be permitted subject to the provisions of Cable Television Networks (Regulation) Act, 1995 as modified amended or replaced from time to time.

The addressing scheme for such a communication involving transmission of voice in packetized data format through the public Internet, will conform to IP Addressing scheme of Internet Assigned Numbers Authority (IANA) alone and not the National Numbering Scheme/plan applicable to subscribers of Basic/Cellular Telephone Service, as defined by Department of Telecom."

For the purposes of this agreement, all the terms defined in the aforesaid Guidelines shall carry the same meaning.

Quality of Service (QOS): It is hereby clarified that TRAI or DOT has not prescribed any QOS or standards for the purposes for Internet Telephony services in India. However, Matallo shall follow its own internal standards as may be laid down in consultation with its technology providers.

The users understand that the Internet Telephony Services are Application Services and there are no specific qos laid down under any guideline or Statue or License. As such, the quality of services depend on various factors including but not limited to, Hardware quality of Customer equipments, ISP Network, Bandwidth Quality, Quality of Termination facilities, etc, over which Nettlinx has little or no control.

Nettlinx shall not be responsible for any claim of loss, refund, damages, cost of any kind for lower than expected quality of services or for disruptions of services, nor Matallo or any other service provider in the entire chain of Voice Traffic management and Transmission can be held responsible.

Limitation of liability: In no event will Matallo be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs, data or information, and the like) arising out of the use of or inability to use the site, services or materials, or any transactions provided on the service or downloaded or hyper linked from the site, even if Matallo or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through, or hyper linked from, the site.

Indemnity: You agree to indemnify, defend and hold Matallo, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of Matallo and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the rigMT to assert and enforce these provisions directly against you on its own behalf.

Termination: You agree that Matallo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. Matallo may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that Matallo may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that Matallo shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

Governing law jurisdiction: These Terms of Use shall be governed and construed in accordance with the laws prevailing in India. You agree that in any legal action or proceeding between you and Matallo for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts at Hyderabad , Andhra Pradesh and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) month after the claim or cause of action arises or such claim or cause of action is barred. Matallo's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rigMT. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Matallo may assign its rigMTs and duties under these Terms of Use to any party at any time without notice to you.

Annexure 1:

GUIDELINES FOR ISSUE OF PERMISION TO OFFER INTERNET TELEPHONY SERVICES : The New Telecom Policy'99 envisaged opening up of Internet Telephony whereupon the Government has decided to permit the Internet Service Providers (ISP's) to process and carry voice signals with effect from 1st April, 2002, subject to the following broad guidelines:

Guidelines

1. Only ISP licensees are permitted, within their service area, to offer such service.
Scope and Definition of Internet Telephony Services

2.1 Internet Telephony means an Application Service, which the customers of ISP's can avail from their Personal Computers (PC) capable of processing voice signals or other IP based Customer Premises Equipment (CPE) as mentioned below,

a) PC to PC (Both within as well as outside India).
b) PC to Telephone (PC in India to Telephone outside India)
c) IP based H.323/SIP Terminals in India to similar Terminals both in India and abroad, employing IP addressing scheme of 'IANA'

2.2 Access to the ISP node through the authorized facilities of authorized Cable Operators shall be permitted subject to the provisions of Cable Television Networks (Regulation) Act, 1995 as modified amended or replaced from time to time.

2.3 The addressing scheme for such a communication involving transmission of voice in packetized data format through the public Internet, will conform to IP Addressing scheme of Internet Assigned Numbers Authority (IANA) alone and not the National Numbering Scheme/plan applicable to subscribers of Basic/Cellular Telephone Service, as defined by Department of Telecom.

2.4 Internet Telephony Service offered by ISP's is different in nature, scope and kind from the real time voice, offered as telecommunication service by operators such as BSO, CMSO, NLDO, PMRTS etc, under their existing license.

3. The following are outside and do not fall under Internet Telephony service:

Voice communication from anywhere to anywhere by means of dialing a telephone number (PSTN/ISDN/PLMN) as defined in National Numbering Plan.

Originating the voice communication service from a Telephone in India.

Terminating the voice communication to Telephone within India.

Establishing connection to any Public Switched Network in India.

Dial up lines with outward dialing facility from nodes.

Inter connectivity between ISP's who are permitted to offer Internet Telephony Services and the ISP's who are not permitted to offer Internet Telephony Services.

Quality of Service

4. Quality of Service (QOS) shall be as prescribed from time to time by TRAI/Licensor; however, at present QOS is not prescribed.

Tariff/Fees

5. The TRAI has forborne and not levied tariff for Internet Telephony offered by ISP's over public internet; however, TRAI may review and fix a tariff at any time during the validity of ISP license, which shall be binding on the licensee.

6. If found necessary at any time during the validity of the ISP license, the licensor reserves the rigMT to impose license fee including Universal Service Obligation (USO) levy.

Security Monitoring

7. Suitable additional monitoring system is to be set up by ISP's carrying Internet telephony traffic through their Internet gateways, at their own cost, as per the requirement of the security agencies and the cost of maintenance of the monitoring equipment and infrastructure at the monitoring center located at the premises of the licensee shall be borne by the ISP.

License Agreement:

8. (i) ISP's desirous of offering Internet Telephony Services shall be required to sign a Amendment to the ISP license agreement to such effect. Draft agreement will be put on the DOT website dotindia.com

(ii) The Amendment to the ISP license agreement shall be issued and governed by the provisions of Indian Telegraph Act 1885, Indian Wireless Telegraphy Act, 1933 and TRAI Act, 1997.

Application Form/Fee:

9. Application along with the processing fee can be submitted at the office of ADG (LR), 10th Floor, Sanchar Bhavan, New Delhi -110001 between 1500hrs -1700 hrs. on any working day.

Refund Policy:

10. No refund of talk time or DID charges applicable. Incase of equipment taken on refund plan, the refund will be as follows,
1 - 3 months 100% refundable
3- 6 months 50% refundable
6 - 9 months 25% refundable
> year no refunds.

Cancellations:

11. The service can be cancelled by giving a 30 days notice. There will be no refund of talk time charges or DID charges paid by the customer. In case of notice period being less than 30 days, an additional month charges will have to paid for DID customers. .