Terms of service

Terms and Conditions

Ekbote logs and lumbers pvt ltd’s (hereinafter referred as “ekbote”) terms of use (hereinafter referred as “tou”) is published in accordance with the information technology act, 2000 and information technology (intermediaries guidelines) rules, 2011 and provided to give our customers and users a clear understanding of what ekbote expects of them while using the service. All users of ekbote’s internet services: those who access some of our services but does not have account, as well as those who open account with us, must comply with this terms of use. Use of ekbote’s services constitutes acceptance and agreement to ekbote’s tou as well as ekbote’s other policies.

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage.

Important Notice

• We do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any third party websites, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our tou (terms of use), we may inform the 3rd party website to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this tou. Ekbote may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this tou may result in the suspension or immediate termination of either your ekbote account or ekbote may contact the 3rd party website to remove the illegal content without prior notice.
• This document is intended to provide a basic understanding of ekbote’s terms of use. The following are guidelines for the establishment and enforcement of ekbote’s tou: to ensure reliable service, security and privacy to our customer. We follow information technology act, 2000 and information technology (intermediaries guidelines) rules, 2011 to maintain our reputation as a responsible service provider. We also encourage responsible use of the internet and discourage activities which reduce the usability and value of internet services preserve the value of internet resources as a conduit for free expression and exchange of information preserve the privacy and security of individual users.
• While ekbote is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both ekbote and the internet and cannot be permitted under the guise of free speech. The resources of ekbote and the internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
• We do not monitor the activity in normal circumstances. However, in our efforts to promote good citizenship within the internet community, we will respond appropriately in accordance with section 79 of the information technology act, 2000 and information technology (intermediaries guidelines) rules, 2011, if we become aware of inappropriate use of our service.
• If the account created with ekbote is used to violate the terms of use, we reserve the right to terminate the account created with us without any notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the terms of use will result in immediate termination of service. Our failure to enforce this tou, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your internet access responsibly. If you have any questions regarding this policy, please contact us.

Violations of Ekbote‘S Terms of Use

The following constitute violations of this tou but not limited to the below:

• Illegal Use: Ekbote’s services may not be used for illegal purposes, or in support ofillegal activities. Ekbote reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
• Harm to Minors: Use of the ekbote’s service to harm, or attempt to harm, minors in anyway, including, but not limited to child pornography.
• Threats: Use of ekbote’s service to transmit any material (by e-mail, uploading, postingor otherwise) that threatens or encourages bodily harm or destruction of property.
• Harassment: Use of ekbote’s service to transmit any material (by e-mail, uploading,posting or otherwise) that harasses another.
• Fraudulent Activity: Use of ekbote’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
• Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
• Unsolicited Commercial e-mail / Unsolicited Bulk e-mail (Spam): Use of the ekbote’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending ekbote’s account.
• Bulk Mailings: Bulk mailings of any kind, are not permitted to be sent from the file-hosting servers. This line item applies to mailings sent within the 1000 emails per hour limit as well.
• E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending ekbote’s account.
• E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the ekbote’s service is in violation of this tou.
• Unauthorized Access: Use of the ekbote’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ekbote or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending ekbote account is subject to immediate termination.
• Copyright or Trademark Infringement: use of the ekbote’s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
• Collection of Personal Data: Use of the ekbote’s service to collect, or attempt to collect,personal information about third parties without their knowledge or consent.
• Threatens Nation: Threatens the unity, integrity, defense, security or sovereignty of India,friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• Network Disruptions and Unfriendly Activity: Use of the ekbote’s service for any activity that affects the ability of other people or systems to use ekbotes’s services or the internet. This includes “denial of service” (dos) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the member’s responsibility to ensure that their network is configured in a secure manner. A subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Ekbote will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
• Fraud: involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
• Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
• Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Contains software viruses or any other files programs designed to interrupt, destroy or limit the functionality of any computer resource such an offence will result in the immediate termination of the offending account.
• Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using ekbote services could result in suspension service.
• Verbal Abuse of Support Personnel: Verbal abuse of ekbote personnel is not tolerated.customers who continue to verbally abuse support personnel may be warned or asked to use a different provider.
• Third Party Accountability: Ekbote subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the terms of use.

Usage by Minors

• This site is not intended for or directed to persons who are minors (typically persons under the age of 18). Because we cannot prohibit minors from accessing the site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
• We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older), or (ii) by minors with the permission of a parent or guardian to purchase items on the site.

Security

• Ekbote follows the mandatory security measures provided by the information technology act, 2000 and rules made thereafter. As far as ekbote’s services are concerned you are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account and it is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account and this includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You 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.
• Users who violate systems or network security may incur criminal or civil liability. Ekbote will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Your Data: Use & Protection

• By placing your order, you agree that we may store, process and use data collected from your order form for the purposes of processing and delivering your order. If you so indicate on the appropriate section of your order form, by placing your order you also agree that we may use such data, other than card details, in order to provide you with information from time to time on other ekbote’s products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other products, you should indicate your non-agreement on the appropriate section of your order form. You may obtain a copy of the data held by us concerning you on request in writing. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our privacy policy.

Card Fraud/Online Banking Fraud

• While ekbote uses secure technology for its transactions with the customers which is provided by a third party, you agree that ekbote will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit/debit card or internet banking is fraudulently used or is used in an unauthorized manner.

Third Party Websites

• The services may contain links to other websites that are not owned or controlled by ekbote (“third party sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“third party content”). We are not responsible for any third party sites or third party content accessed through the services. Third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate

Network Performance

• Accounts created with ekbote operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited by this policy and may result in termination of your account & suitable legal action. You are prohibited from excessive consumption of resources, including cpu time, memory, disk space and session time. You may not use resource-intensive programs that negatively impact other customers or the performances of ekbote’s systems or networks. Ekbote reserves the right to terminate or limit such activities.

Availability of The Website

• The service is provided “as is” and on an “as available” basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information,
• Compatibility and satisfactory quality. Ekbote accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions.

Intellectual Property

• You agree that, all content included on the website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ekbote, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable indian and international intellectual property and other relevant laws.
• You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless given express written permission to do so by ekbote.

Third Party Intellectual Property

• Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the distributors/dealers of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant distributor/dealer.

License and Site Access

• Ekbote grants you a limited license to make personal use only of the site. Such grant does not include, without limitation: (a) any resale or commercial use of this site or any site materials (defined below); (b) modification, adaptation, translation, reverse engineering, recompilation, disassembly or conversion into human readable form any of the site materials not intended to be so read, including use of or directly viewing the underlying html or other codes from this site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any site materials (including the company’s, trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the site and any site materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the site materials or to collect any information from the site or any other user of the site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of “the company”, or any third party. You may not use any meta tags or any other “hidden text” utilizing the company’s name, trademark, or product name without our express written consent. “site materials” means all materials on the site, including, without limitation, trademarks (as specifically defined in these site terms) design, product description, html text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
• We may terminate this license and your use of or access to the site if you make or permit any unauthorized use of this site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Changes, Misprints and Errors

• Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this site, the prices or specifications of such goods and services, and any promotional offers and any other site materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised Or offered for sale on this site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the site materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and may differ in appearances in reality, (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Privacy Policy

• The user/customer hereby consents, expresses and agrees that he has read and fully understands the privacy policy of ekbote in respect of the website. You further consent that the terms and contents of such privacy policy are acceptable to you.

Reporting Violations to Ekbote

• Ekbote does not have control over the content posted/uploaded on the third party websites or do not actively monitor user/customer activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any third party website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our tou (terms of use), we may inform the third party website to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this tou. Ekbote upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above and termed as illegal, will try and intimate the third party content hosting website to get the illegal content removed in accordance with section 79 of the information technology act, 2000 and information technology (intermediaries guidelines) rules, 2011.
• When required by lawful order, we will provide information or any such assistance to government agencies who are lawfully authorized for investigative, protective or national cyber security activity. The information or any such assistance will be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance. Furthermore ekbote requests that anyone who believes that there is a violation of this tou please direct the information to us. The email address can be found on our contact page. If available, please provide the following information: the ip address used to commit the alleged violation, the date and time of the alleged violation, including the time zone and evidence of the alleged violation, e-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

No Warranty

You expressly understand and agree that:

• Your use of the service is at your sole risk. Ekbote’s services are provided on an “as is” and “as available” basis. Ekbote and its suppliers/dealers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Ekbote and its associates make no warranties about the accuracy, reliability, completeness, or timeliness of our services, software, or content;
• Ekbote makes no warranty that (i) the virtual/physical service will meet your requirements,
• The service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected;
• Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
• No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in these terms and conditions.

Limitation of Liability

• In no event shall ekbote or its officers, directors, employees, agents, successors, subsidiaries, distributors/dealers, affiliates or third parties providing information on this site or via other channels, including but not limited to phone and email, be liable to any user/customer of the website or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, unsatisfactory service, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the website or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if ekbote has been advised of or should have known of the possibility of such damages or losses. To the extent applicable law is inconsistent with a preclusion of such claims you agree that the maximum value or all such claims shall not exceed the amounts you pay to ekbote while placing your order.