Legal Question in Administrative Law in India

-i have updated this question:please help on this

dear, sir/madam

i am user of lawguru, i have one more question.

this is my Question: my website has (TERMS AND CONDITION PAGE and DISCLAIMER PAGE) is it worth full for these kind of problem,if user join or enter chat room without follow or agree site terms of use page, who will responsible for this kind of problem?, user will responsible?

question: i am using chatting embedded script on my site, and in the chat room someone abused in chatting i.e, abuser posted phone numbers of unwanted person to another user in the chatroom, after that i got mail from police , police said me to provide that abuser ip address who was posting phone numbers, to further investigation on the case, but sir i am not owner of that chatting application script or not hosting chatting application from my hosting server , i am just using chatting embedded code i.e,: like a youtube video, or other SWF flash video e.t.c, i can not provide any ip address info of any user to police because i don't have rights on the third party scripts. application is hosted on other entity, and police sent me summon to produce abuser ip address. and i have mailed him police with the detail and information where chat application hosted or owner of chat application). but almost two weeks done i have not received any mail from police yet. and summon has any days limits to produce document.?

(first of all my site has strict -TERMS OF USE PAGE with disclaimer- with defined you can NOT use our site or services without agree) is it safe me? is (TOS PAGE) usefull?

and sir, (TOS) TERMS OF USE PAGE is needed to validate by government.?

please help to solve my problem

your's faithfully

user of lawguru


Asked on 9/28/13, 11:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.08.2013

Dear Sir / Madam,

Your website and internet applications are governed by the Information Technology Act, 2000. To keep it simple, as I have already replied earlier, if you have the IP Address of the miscreant on your server, you should provide it to the Police. If it on a domain or hosting server which is not under your monitoring control, you should inform the Police of this fact, and provide them with the name of the person who controls and monitors the hosting server, so that the Police follow up with that person for the information.

YES, it is safe for you. And there in no cyber rule or law which states that the Terms of Service / Usage page of each and every website, has to be validated by the Government.

Regards,

Read more
Answered on 9/28/13, 9:23 pm


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