You are responsible
for abiding by the rules set forth in the paragraphs below. Any violation
of the terms set forth below may result in immediate suspension and/or
termination of all services currently being provided.
As a Web Hosting Provider ("WHP"), we offer our customers the means to
acquire and disseminate a wealth of public, private, commercial and non-commercial
information. We also want our customers to be fully informed of their
rights and obligations -- and ours -- in connection with their use of
the Internet. This Network Access Policy, which supplements and explains
certain terms of each customer's respective services agreement (the "Services
Agreement"), is intended as a plain English guide to those rights and
obligations.
Internet is not bound to countries and physical boundaries. It has it's
own ETIQUETTE'S and PRIVACY of ELECTRONIC MAIL. Anyone who is trying to
SEND UNSOLICITED MAIL in India or abroad is TRYING TO INVADE PRIVACY,
which directly violates our policy.
The fundamental fact about the Internet is that no one -- neither us,
nor anyone else -- owns or controls it. This fact accounts for much of
the Internet's openness and value, but it also places a high premium on
the judgment and responsibility of those who use the Internet, both in
the information they acquire and in the information they disseminate to
others. When customers obtain information through the Internet, they must
keep in mind that we cannot monitor, verify, warrant or vouch for the
accuracy and quality of the information that customers may acquire. For
this reason, the customer must exercise his or her best judgment in relying
on information obtained from the Internet, and also should be aware that
some material posted to the Internet is sexually explicit or otherwise
offensive. Because we cannot monitor and censor the Internet, and will
not attempt to do so, we cannot accept any responsibility for injury to
our customers that results from inaccurate, unsuitable or offensive Internet
communications.
When customers disseminate information through the Internet, they also
must keep in mind that we do not review, edit, censor or take responsibility
for any information our customers may create. This places on customers
what will be, for most, an unfamiliar responsibility. When users place
information on the Internet, they have the same liability as other authors
for copyright infringement, defamation and other harmful speech. Also,
because the information they create is carried over our facilities and
may reach a large number of people, including both customers and non-customers
of ours, customers' postings to the Internet may affect other customers
and may harm our goodwill, business reputation and operations.
For these reasons, customers violate our policy and the Services Agreement
when they, their affiliates or subsidiaries engage in the following activities:
Spamming --
Customer Spamming Policy - Indianic has zero tolerance for spam originating
from our customers, or from our customers' customers, or for spam advertising
web sites of our customers or our customers' customers.
The Policy -
* Indianic has the right to charge $1000 (INR 50000.00) per complaint
to investigate.
* Indianic does not deal with your customers or their customers etc.;
we hold our customers responsible for dealing with spam from or about
their section of the network.
* On any complaint from our dedicated server provider we will suspend
your account and depending on the investigation you may be charged our
US$ 1000 (or INR 50000.00) fee.
* If at anytime we determined that you are deliberately violating our
AUP we will either suspend or terminate your server at CBR sole discretion.
The 1000 USD investigation fee will apply if we determined that you are
deliberately violating our AUP.
* All notices about spam complaints will be sent to the email address
that you signed up with or the one that we have on file.
Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly
disfavored practice among Internet users and hosting providers. It is
particularly harmful not only because of its negative impact on consumer
attitudes toward us, but also because it can overload our equipment and
disrupt service to our customers.
Sending unsolicited commercial email messages (UCE), including the sending
of "junk mail" or other advertising material to individuals who did not
specifically request such material, which may include: -
- Sending UCE referencing an email address for any domain hosted by the
Company
- Sending UCE referencing an IP address hosted by the Company
- Harassment, whether through language, frequency or size of messages
The Company will be the sole arbiter as to what constitutes a violation
of these provisions. Customer will be face immediate account suspension
and/or termination without refund, as well as further penalties for any
instance of a verifiable UCE that is reported to the Company.
Copyright Violation -- Violation of copyrights held by individuals
and corporations or other entities can result in civil and criminal liability
for the infringe, and can involve the WHP in litigation and possible loss
of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
--
Violation of indecency and obscenity laws can result in criminal penalties.
Defamation -- Defamatory speech distributed over the Internet can result
in civil liability for the defamer and litigation against the WHP whose
facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks --
The illegal or unauthorized accessing (often known as "hacking") of computers
or networks carries potential civil and criminal penalties under both
federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive
Activities --
Distribution of Internet viruses, worms, Trojan horses and other destructive
activities, such as hacking, can result in serious civil and or criminal
liability under federal and state law.
Export Control Violations --
The law limits the ability of persons to export encryption software, over
the Internet or otherwise, to points outside the United States.
Bandwidth & Utilization --
The Company provides the space and transfer limitations in good faith
to our Customers so that they may create their Websites without the fear
of running over their Web traffic allocation. While most Customers will
use the space and traffic for their legitimate Web site needs, we recognize
that others may try to take advantage of our offer and use the space and
traffic in ways for which it is not intended. In the best interests of
our Customers and in an effort to maintain the integrity of our service
the Company may take whatever steps necessary to provide its services,
and to provide for the enjoyment of such services by all of the Company
clients, and to ensure that certain clients do not utilize services to
the detriment of other clients. Customers with Websites who seek to take
advantage of the Company unlimited storage or traffic plan in any other
way, will, at the discretion of the Company, have their sites canceled
and/or removed from the servers. The Company will be the sole and final
arbiter as to Websites or usages of resources that constitute violation
or intent to violate our policies.
Other Activities --
Whether lawful or unlawful, that we determine to be harmful to our customers,
operations or reputation, including any activities that restrict or inhibit
any other user from using and enjoying the service or the Internet. Also
any acts by anyone in a bid to harass or defame the Company may result
in legal action, compensation charges or a combination thereof. The Company
will be the sole arbiter as to what constitutes a violation of this policy.
As we have pointed out, the responsibility for avoiding the harmful activities
just described rests primarily with the customer. We will not, as an ordinary
practice, monitor the communications of our customers to ensure that they
comply with our policy or applicable law. When we become aware of harmful
communications, however, we may take any of a variety of actions. We may
remove information that violates our policies, implement screening software
designed to block offending transmissions, or take any other action we
deem appropriate, including termination of a customer's contract with
us.
We also are aware that many of our customers are, themselves, providers
of hosting services, and that information reaching our facilities from
those customers may have been originated by customers of those customers
or other third parties. We do not require our customers who offer hosting
services to monitor or censor transmissions created by customers of its
customers. At the same time, customers who knowingly transmit materials
that violate law or our policy are, themselves, in violation of our policy.
Similarly, we anticipate that customers who offer hosting services will
cooperate with us in any corrective action that we deem necessary, in
order to correct and prevent the transmission of material that is harmful
to us or our customers. Failure to cooperate with such corrective and
preventive measures is a violation of our policy. We also are concerned
with the privacy of on-line communications. In general, the Internet is
neither more nor less secure than other common communications media, including
mail, facsimile and voice telephone service, all of which can be intercepted
and otherwise compromised.
As a matter of prudence, however, we urge our customers to assume that
all of their on-line communications are insecure. We can not take any
responsibility for the security of communications transmitted over our
facilities. We will comply fully, however, with all applicable laws concerning
the privacy of our customers' on-line communications. In particular, we
will not intentionally monitor or disclose any private electronic mail
messages sent or received by our customers unless required to do so by
law. We may, however, monitor our service electronically to determine
that our facilities are operating satisfactorily.
Also, we may be required to disclose information transmitted through our
facilities in order to comply with court orders, statutes, regulations
or governmental requests. Finally, we may disclose information transmitted
over our facilities where necessary to protect our customers and us from
harm, or where such disclosure is necessary to the proper operation of
the system. We are not responsible for loss of customer content due to
server or hardware failure. We do, however, backup our systems daily,
but cannot guarantee the content is up-to-date. It is the customer's responsibility
to have a full backup of their site. We expect that our customers who
provide hosting services to others will comply fully with all applicable
laws concerning the privacy of on-line communications. A customer's failure
to comply with those laws will violate our policy.
Finally, we wish to emphasize that in signing the Services Agreement,
customers indemnify us for any violation of the customer of the Services
Agreement, or of law or corporate policies, that results in loss to us
or the bringing of any claim against us. This means that if we are sued
because of activities of the customer that violate any law, the Services
Agreement or this policy (which is part of the Services Agreement), the
customer will pay any damages awarded against us, plus costs and reasonable
attorneys' fees.
Any attempt to undermine or cause harm to the Company server or another
customer's Web presence is strictly prohibited. Any violation of the above
Terms of Service will result in grounds for account termination, with
no refunds given; the Company reserves the right to remove any account
without prior notice. Violation of any of the above Terms of Service may
result in legal action, service charges or a combination thereof. We reserve
the right to permanently discontinue service at any time, without notice,
should you be found in violation of our aforementioned terms and conditions.
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