This Acceptable Use Policy is a part of Terms of Service and terms and definitions defined therein shall have the same meaning herein. By submitting an online order form or by using the Companys service, Customer hereby agrees to the following Acceptable Use Policy (AUP).
- Introduction, Purpose, and General Terms:
- This Web site gives you the ability to learn about the Company and its products and services as well as the ability to access our network and services (Services). By using this site, and any other sites or services owned, operated or provided by the Company, you signify your agreement to the terms, conditions and notices of this policy. You when used in the Agreement shall mean the Company’s Customer of record and that the Company’s Customers end users, if any.
- This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of the Company governing the use by the Customer of the Companys services and products (Services and Products). The purpose of this Acceptable Use Policy (the AUP) is to comply with all applicable international, federal, state and local laws and to protect the network security, network availability, physical security, Customer privacy and other factors affecting the services provided by the Company. The Company reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at TOS page
- In order to maintain an informative and valuable service that meets the needs of the users of this site and Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and the Company reserves the right to revise, amend or modify the AUP at any time as needed.
- Any violation of the AUP may result in the suspension or termination of your account or such other action as the Company deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
- VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM THE COMPANY.
- Any questions or comments regarding the AUP should be directed to the Customer Service Department.
- General Prohibitions:
- You may not use this site or Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Company’s Network or Services, or any other partys use or enjoyment of this site, Network, or Services.
- Adult Content Prohibited:
- You shall not use the Companys services for adult-oriented and pornography sites. This includes sites that may include sexual content or links to adult content elsewhere.
- If you use the Companys service to publish any content that any applicable law deems harmful, inappropriate or unsuitable for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because the Company does not censor the content of your web sites and pages.
- If you have a reseller account with the Company, you may not resell our hosting services to any clients or customers that sell adult content.
- You may not use the Companys services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where the Companys services are offered, or where they can be viewed through the Companys services:
- Online pornography or adult content for which a viewer must subscribe to access it
- Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and
- Obscene materials, as defined by law.
- If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
Compliance with Law:
Customer shall not use Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data or other information that, in the Companys sole discretion:
- violates, attempts to violate, or helps any third party to violate any local, state, federal, international or non-Indian law, ordinance, or regulation
- is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of anothers privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, Persons)
- threatens or encourages bodily harm or destruction of property
- harms any person
- victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason
- contains viruses, corrupted files, or any other similar software or programs that may damage the operation of anothers computer
- violates any terms or conditions of any other network access provider or Internet Service Provider
- violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of pirated information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products
- adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud or mislead any person or to violate any applicable laws or regulations
- collects, attempts to collect or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy
- has a negative effect on the Company or its network (including, without limitation, overloading servers on the Network; causing whole or part of the network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of the Company, impose an unreasonable administrative burden on the Company; etc.), or
- violates the prohibition on terrorist content and activities described below.
Terrorist Content Prohibited:
Services shall not be used for terrorist activities (as defined in any applicable law). If the Services are used for any such activites than they may be terminated immediately, without any notice.
The Company will cooperate fully with any criminal investigation into a Customers violation of any applicable law that prohibits child pornography. Customers are ultimately responsible for their own actions and the actions of their clients over the Company’s network and shall be liable for illegal material posted by them or their clients.
- System and Network Security:
Violations of system or network security are strictly prohibited and may result in criminal and civil liability as well as termination of services. The Company investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.You are responsible for any misuse of your account, even if a friend, family member, guest, agent or employee committed the inappropriate activity while using your account. 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 the security of another account or attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation, the following:
- Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs and other executables intended to inflict harm).
- Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in this AUP.
- Introduction into the network or server of any data, parameter, configuration, template or control files for software applications that contain destructive macros or other malicious code.
- Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in this AUP.
- Effecting security breaches or disruptions of internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, disruption includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, forged routing information, etc.
- Executing any form of network activity that will intercept data not intended for the Customer.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than users of the Customers host (examples: denial of service attack or distributed denial of service attack).
- Using any program script/command or sending messages of any kind such as a punter, designed to interfere with or to disable, a users terminal session, via any means, locally or via the Internet.
- Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site or to probe, scan or test the vulnerability of a system or network of this site, any Services or those of any other party.
- Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding or attempting to overload the system.
- Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- Falsifying address information or otherwise modifying e-mail headers to conceal the senders or the recipients identity.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which the Company may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children or is likely to result in retaliation against the Company by offended users. The Company reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
- No-Spam Policy (NSP):
- Customer shall comply with all the terms and conditions of No-Spam Policy (NSP) as described in this Section. Violation of the NSP shall be deemed a violation of this AUP, the ToS and of the Customers Agreement with the Company.
- An important part of the Companys mission is to be a respected and responsible member of the business and internet communities. We take our role seriously in protecting our customers and the general public from nuisances such as spam. This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with the Company.
- To report any spam you receive that identifies itself as coming from the Company’s servers or claims to be related to the Company in any way, contact us. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message or instant message service, as the case may be.
- Definition of Spam:
Unsolicited commercial e-mail and electronic messages are colloquially referred to as spam. Other common names for spam include spam e-mail, junk e-mail, bulk e-mail, direct e-mail, and mass e-mail. Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in this NO-SPAM Policy (the Policy), spam is:
- a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
- posted to an electronic mailing list (other than an opt-in e-mail list as described below)
- posted on an online bulletin board system or web-based message board system or guest book
- posted to a Usenet newsgroup
- posted to the common area of an online community, group or club
- posted in a chat room
- posted in a message board of a commercial online service
- posted to a weblog (blog)
- sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, MSN Instant Messenger, Google GTalk or AOL Instant Messenger)
- sent through e-mail or another Internet means of communication when the messages ultimate destination is a facsimile (fax) machine, cellular or wireless telephone or wireless device
- a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an pre-existing business or personal relationship
- a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as affiliate lists
- a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s)
- a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you
- a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of spam provided above.
- a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
- Opt-in E-mail Lists:
Please note that messages sent to opt-in e-mail lists are not spam for the purposes of this Policy, provided that those messages meet all of the following criteria:
- the messages are sent to an opt-in e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
- the messages STRICTLY COMPLY with ALL the requirements and regulations of the opt-in e-mail list; and
- upon request of any subscriber to the opt-in e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an opt-in e-mail list, please be aware that the Company will consider ANY violation of the requirements / regulations of NSP by any third party provider of software / services for such a list to be a violation of this NO SPAM Policy.
Furthermore, the Company reserves the right to prohibit opt-in e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
- Zero Tolerance for Spam:
the Company will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the Companys services whether or not the message actually originated from our network.Violation of this NO-SPAM policy will result in the Company taking one or more of the following actions:
- A warning via e-mail or telephone
- Suspension of your site until furthur notice
- Removal of DNS for the advertised/originating site
- Temporarily blocking outgoing mail from your site
At the sole descretion of the Company, violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
The Company reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Company’s Network.
PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various internations, federal, state and local laws and regulations.
- Indemnification of the Company:
You agree to defend, hold harmless, and indemnify the Company from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
- Mailing Limits:
You may not send more than 400 emails per hour from Business of Premium servers and more than 200 email per hour from Budget servers. Any emails sent over this limit will be discarded.
- Resource Usage:
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order to maintain server stability by killing any processes, disabling and/or suspending your account. You shall not use more than 2% CPU or 3% memory over a 24 hour period, run more than 10 simultaneous processes, allow any process to run for longer than 30 CPU seconds, consume more than 20% of available CPU at any time or run any process that consumes more than 16 MB of memory. Databases are limited to 16 max user connections. Cron jobs must not execute more than once every 15 minutes and will be niced to 15 or greater.System resource limits are intended for runaway scripts, processes requiring large CPU and memory requirements from slowing down the server and causing a drop in performance. the Company reserves the right to make adjustments to these limits at our sole discretion. If the Company takes corrrective action Customer shall not be entitled to a refund of any fees paid in advanced.
- No Editing, Censoring, or Control of Communications; Reservation of Rights:
Your participation in online communication or use of any service is not edited, censored or otherwise controlled by the Company. However, the Company reserves the right to monitor content on this site and on any of the Company’s servers, networks or systems and to remove content, disable sites or suspend or terminate services if the Company, in its sole discretion, determines such content or user practices are harmful, offensive or otherwise in violation of this Acceptable Use Policy.
- International Use:
the Company makes no representation that materials available on this site or any or through any service are appropriate or available for use in locations outside India and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by the Company from locations outside India or the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify and hold harmless the Company, its partners, its shareholders, joint venturers, employees, agents and all their respective heirs, successors and assigns for any acts of Customer or Customers users that may violate any applicable law.
Intellectual Property Rights:
- All of the Company’s web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of the Company. If any page, information or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customers Agreement with the Company or by law and the Company shall, in any event, retain all copyright and other proprietary interests in said page, information or content.
- You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials available on this site or through any service. Nothing on any of the Company’s web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process or related material belonging to the Company by virtue of it being displayed or made accessible on any of the Company’s web site. Except as expressly authorized, you agree not to use this site or any Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Services.
- If you use a domain name or content in connection with the Company’s web hosting, or any other web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark or similar rights of any third party. Specifically, without limitation, you agree that you will not engage in, attempt to engage in or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking.
- The Company’s network, servers and services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any regulation or law or the common law or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret or other intellectual property rights.
- Creating, utilizing or distributing unauthorized copies of software or other information content is a violation of international, federal, state or local law. If you copy, distribute or install software or other information content in ways that the license to use that content does not allow, you are violating local, federal and international copyright law. The Company will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed with the Company’s hosting.
- Customers Grant of Limited License to the Company; Warranties on Content:
By posting or submitting content to any of the Company’s web site or server, you:
- Grant the Company a limited license to transmit, copy, store, back up and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with the Company;
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by the Company does not and will not infringe or violate the rights of any third party; and
- Agree to defend, hold harmless and indemnify the Company for any claims of any third party resulting from the public posting or use of your content.
- Restrictions on Use of Services:
- You shall not operate Internet Relay Chat (IRC) servers using the Companys services.
- You shall not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRCs service administrator.
- You shall not use any programs that may or will interfere with anothers use of this site or any Services.
- You shall not run any background processes on the the Company’s servers, networks or systems without prior written authorization from the Company.
- You shall not use any of the Company’s services to send denial-of-service (DoS) or distributed-denial-of-service (DDoS) attacks to any computer or network or to flood any computer or network.
- You shall not host any type of HYIP, autosurf, proxy or bit torrent on the Company’s servers.
- You shall not use any of the Company’s services to make available to third parties for any use other than normal access to that account’s Web site.
- You shall not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting.
- You shall not use our service to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.
- You shall not use our service as an offsite file storage server. Any use of the Company’s services is strictly intended for that account’s web site only.
- The Company reserves the right to add further restrictions to Customersuse of the Comapny’s Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
Suspension and Cancellation:
Notices Regarding Violations of AUP and Intellectual Property Rights:
- The Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by Customers. The Company takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services or take other action as necessary.
- General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to the Company. If possible, please provide the IP address used to commit the violation, the date and time of the violation and evidence of the violation. The Company will make reasonable attempts to investigate incidents involving such alleged violations. The Company may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
- Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the Company’s Copyright Statement for instructions on how to send your claim.
All monetary amounts to which this Acceptable Use Policy or any other applicable legal statement refers shall only be in Indian Rupees or United States dollars as applicable and as mentioned.
The Company may revise this Acceptable Use Policy without prior notice. Such changes will be posted on the website. You are responsible for reviewing the online Acceptable Use Policy to stay update of any changes.