India Market Softech Pvt. Ltd. (indiamarkethub.com) Acceptable Use Policy (AUP)

Transcription

1 India Market Sftech Pvt. Ltd. (indiamarkethub.cm) Acceptable Use Plicy (AUP) We've develped this Acceptable Use Plicy (AUP) t help ur Custmers understand their respnsibilities when using ur services. It explains ur plicies regarding activities that may be harmful t ur Users r cmprmise the efficiency f ur shared hsting envirnment. We may take preventative r crrective actin, at ur discretin, in respnse t any f the activities described in this AUP, alng with any activities that cntradict the spirit f this AUP r the nature f the Internet as an pen, efficient methd f cmmunicating and cnducting business. T meet the changing needs f ur Users, ur business, the Internet envirnment and the legal landscape, this AUP may be revised at any time and we encurage yu t review this AUP n ur Web site(s) peridically. If yu feel yu have discvered a vilatin f any area f ur AUP (ther than ntices f alleged infringement by ur custmers r any curt rders, search warrants, r ther legal prcess, the address fr all f which is "legal@indiamarkethub.cm, please reprt it t: India Market Sftech Pvt. Ltd. (indiamarkethub.cm)plt N. 20, EDC Building I.T. Park, Chandigarh, legal@indiamarkethub.cm IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET, AND COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER. General Infrmatin. As used herein, the term "User" r "Users" shall include any and all users, Custmers, subscribers, affiliates (including withut limitatins Custmers r nn-custmers t whm India Market Sftech Pvt. Ltd. prvides links r banners t prmte the services r prducts f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r any third party the services r prducts f which are ffered by r btained thrugh r in cnnectin with India Market Sftech Pvt. Ltd. (indiamarkethub.cm) resellers r thers (i) wh sign up fr, use r btain services r prducts frm India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r frm any third party services r prducts f which are ffered by r btained thrugh r in cnnectin with India Market Sftech Pvt. Ltd., r (ii) wh visit the Web site f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r f any such third party. As a prvider f Internet/Wrld Wide Web access, Web site hsting, and ther Internet-related services, India Market Sftech Pvt. Ltd. ( India Market Hub ffers Users, the means t acquire and disseminate a wealth f public, private, cmmercial, and nn-cmmercial infrmatin. India Market Sftech Pvt. Ltd. (indiamarkethub.cm) respects that the Internet prvides a frum fr free and pen discussin and disseminatin f infrmatin, hwever, when there are cmpeting interests at issue, India

2 Market Sftech Pvt. Ltd. (indiamarkethub.cm) reserves the right t take certain preventative r crrective actins. In rder t prtect these cmpeting interests, India Market Sftech Pvt. Ltd. (indiamarkethub.cm)has develped this Acceptable Use Plicy ("AUP"), which supplements and explains certain terms f each User's respective service agreement and is intended as a guide t the User's rights and bligatins when utilizing India Market Sftech Pvt. Ltd. (indiamarkethub.cm) 's services. This AUP will be revised frm time t time. A User's use f India Market Sftech Pvt. Ltd. (indiamarkethub.cm 's services after changes t the AUP are psted n India Market Sftech Pvt. Ltd. (indiamarkethub.cm 's Web site, under the Terms f Service sectin, will cnstitute the User's acceptance f any new r additinal terms f the AUP that result frm thse changes. One imprtant aspect f the Internet is that n ne party wns r cntrls it. This fact accunts fr much f the Internet's penness and value, but it als places a high premium n the judgment and respnsibility f thse wh use the Internet, bth in the infrmatin they acquire and in the infrmatin they disseminate t thers. When Users r thers btain infrmatin thrugh the Internet, they must keep in mind that India Market Sftech Pvt. Ltd. (indiamarkethub.cm) cannt and des nt mnitr, verify, warrant, r vuch fr the accuracy and quality f the infrmatin that users may acquire. Fr this reasn, the user must exercise his r her best judgment in relying n infrmatin btained frm the Internet, and als shuld be aware that sme material psted t the Internet is sexually explicit r therwise ffensive. Because India Market Sftech Pvt. Ltd. (indiamarkethub.cm) cannt mnitr r censr the Internet, and will nt attempt t d s, India Market Sftech Pvt. Ltd. (indiamarkethub.cm) cannt and des nt accept any respnsibility fr injury t its Users r thers that results frm inaccurate, unsuitable, ffensive, r illegal Internet cmmunicatins. When Users r thers disseminate infrmatin thrugh the Internet, they als must keep in mind that India Market Sftech Pvt. Ltd. (indiamarkethub.cm) des nt review, edit, censr, r take respnsibility fr any infrmatin its users, custmers, subscribers r thers may create. When Users r thers place infrmatin n the Internet, they have the same liability as ther authrs fr cpyright infringement, defamatin, and ther harmful speech. Als, because the infrmatin they create is carried ver India Market Sftech Pvt. Ltd. (indiamarkethub.cm)'s netwrk and may reach a large number f peple, including bth Users and subscribers and nn-subscribers f India Market Sftech Pvt. Ltd. (indiamarkethub.cm), Users' pstings t the Internet may affect thers and may harm India Market Sftech Pvt. Ltd. (indiamarkethub.cm)'s gdwill, business reputatin, and peratins Scpe. This AUP gverns the usage f prducts and services f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r f any third party which are subscribed t r btained thrugh India Market Sftech Pvt. Ltd. (indiamarkethub.cm)(the "Services"). This AUP is incrprated by reference int each cntract India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r any such third party enters int with a User fr the use f such Services. India Market Sftech Pvt. Ltd. (indiamarkethub.cm)may mdify this AUP at any time withut ntice. In additin, this AUP is incrprated by reference int the Terms f Service applicable t the Web site f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)s that n persn wh utilizes the Web site r services f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)(regardless f whether that persn is a User) may take any actin utilizing the Web site f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)that a User wuld be prhibited t take utilizing the Services. Purpse. The purpse f this AUP is t enhance the quality f the Services and t prtect Users, and the Internet cmmunity as a whle, frm illegal, irrespnsible, r disruptive Internet activities. This AUP applies t each User. Each User shuld use cmmn sense and gd judgment in cnnectin with the Services. Parents r guardians shuld always supervise minrs in using the Internet. Parents and guardians

3 shuld remain aware at all times f what is n the Internet and hw the minrs under their care are using the Services and the Internet. Prhibited Uses. Users may nt: Utilize the Services t send unslicited bulk and/r cmmercial messages ver the Internet (knwn as "spam" r "spamming"). It is nt nly harmful because f its negative impact n cnsumer attitudes tward India Market Sftech Pvt. Ltd. (indiamarkethub.cm), but als because it can verlad India Market Sftech Pvt. Ltd. (indiamarkethub.cm)'s netwrk and disrupt service t its Users subscribers. Maintaining an pen SMTP relay is prhibited. Any direct actin, cnfiguratin, r setting that causes excessive utbund traffic is subject t review and pssible actin. When a cmplaint is received, India Market Sftech Pvt. Ltd. (indiamarkethub.cm)has the abslute and sle discretin t determine frm all f the evidence whether the recipients were frm an "pt-in" list, r whether the utbund traffic generated frm an accunt is suitable fr a shared hsting envirnment. Utilize the Services t engage in the illegal distributin f prescriptin medicatins, including, but nt limited t, prmtin, marketing, r sale f prescriptin medicatins withut a valid prescriptin. Utilize the Services in cnnectin with any illegal activity r activity therwise prhibited by this AUP. Withut limiting the general applicatin f this rule, Users may nt: Utilize the Services fr r in cnnectin with any activities r cntent determined by India Market Sftech Pvt. Ltd. (indiamarkethub.cm), in its sle discretin, t be related t gambling, adult, bscene r prngraphic materials r cntent, harassment, defamatin, libel and hate speech r ther ffensive speech r cntent, r fr any unlawful purpse, including withut limitatin, fraud, mney laundering, child prngraphy, terrrist-related activities, activities in vilatin f India. exprt r imprt laws, any executive rders, r any rules, regulatins r rders issued by Freign Exchange Regulatin Act (FERA), infringement n rights f thers, trafficking in illegal drugs, r any prducts r services that are prhibited under applicable law, r which India Market Sftech Pvt. Ltd. (indiamarkethub.cm)determines t be cntrversial r disruptive t the peratins f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r any ther User r third party; Utilize the Services t cpy material frm third parties (including text, graphics, music, vides r ther cpyrightable material) withut prper authrizatin; Utilize the Services t misapprpriate r infringe the patents, cpyrights, trademarks r ther intellectual prperty rights f any third party; Utilize the Services t Frge r misrepresent message headers, whether in whle r in part, t mask the riginatr f the message; r Utilize the Services in any manner that vilates applicable law. Use any BitTrrent tracking technlgy fr dwnlads The use f Btnets, r any act resulting in web brwser vulnerabilities, wrms r Trjan hrses. Utilize the Services in cnnectin with any trtius r actinable activity. Withut limiting the general applicatin f this rule, Users and Users may nt:

4 Utilize the Services t publish r disseminate infrmatin that (A) cnstitutes slander, libel r defamatin, (B) publicizes the persnal infrmatin r likeness f a persn withut that persn's cnsent r (C) therwise vilates the privacy rights f any persn. Utilize the Services t threaten persns with bdily harm, t make harassing r abusive statements r messages, r t slicit the perfrmance f acts r services that are illegal under applicable law. Utilize the Services in cnnectin with any ther disruptive, cntrversial r abusive activity, as determined by India Market Sftech Pvt. Ltd. (indiamarkethub.cm)in its sle discretin. Withut limiting the general applicatin f this rule, Users may nt: Utilize the Services t cause denial f service attacks against India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r ther netwrk hsts r Internet users r t therwise degrade r impair the peratin f India Market Sftech Pvt. Ltd. ( India Market Hub )'s servers and facilities r the servers and facilities f ther netwrk hsts r Internet users; r Pst messages r sftware prgrams that cnsume excessive CPU time, r strage space, r netwrk bandwidth; r Utilize the Services t ffer mail services, mail frwarding capabilities, POP accunts r aut respnders ther than fr the User's wn accunt; r Resell r allw access t r use f, any f ur Services except as and nly t the extent permitted in ne f ur authrized Reseller prgrams. Further, by way f expansin and nt by limitatin, yu may nt stre files r ther data f third parties n ur servers; r Utilize the Services t subvert, r assist thers in subverting, the security r integrity f any India Market Sftech Pvt. Ltd. (indiamarkethub.cm)systems, facilities r equipment; r Utilize the Services t gain unauthrized access t the cmputer netwrks f India Market Sftech Pvt. Ltd. (indiamarkethub.cm)r any ther persn; r Utilize the Services t prvide passwrds r access cdes t persns nt authrized t receive such materials by the peratr f the system requiring the passwrd r access cde; r Utilize the Services t (A) frge the signature r ther identifying mark r cde f any ther persn, (B) impersnate r assume the identity r any ther persn, r (C) engage in any ther activity (including "spfing") t attempt t deceive r mislead ther persns regarding the true identity f the User (excluding the use f annymus r ers r Internet nicknames); r Utilize the Services t distribute r pst any virus, wrm, Trjan hrse, r cmputer cde intended t disrupt services, destry data, destry r damage equipment, r disrupt the peratin f the Services; r Utilize the Services t cnduct prt scans r ther invasive prcedures against any server (except any server fr which the User is an authrized system administratr); r

5 Vilatins: Utilize the Services t distribute, advertise r prmte sftware r services that have the primary purpse f encuraging r facilitating unslicited cmmercial r Spam; r Utilize the Services t slicit r cllect, r distribute, advertise r prmte, address lists fr the purpse f encuraging r facilitating unslicited cmmercial r Spam; r Utilize the Services in any manner that might subject India Market Sftech Pvt. Ltd. (indiamarkethub.cm)t unfavrable regulatry, law enfrcement r ther legal actin, subject India Market Sftech Pvt. Ltd. (indiamarkethub.cm)t any liability fr any reasn, r adversely affect India Market Sftech Pvt. Ltd. (indiamarkethub.cm) public image, reputatin r gdwill, including, withut limitatin, sending r distributing sexually explicit, hateful, vulgar, racially, ethnically r therwise bjectinable materials as determined by India Market Sftech Pvt. Ltd. (indiamarkethub.cm)in its sle discretin; While n a shared hsting platfrm, utilize, perate, enable, execute, cmpile, uplad r publicly stre surce cde, executable cde, prgrams, r sftware packages designed t perfrm tasks nt directly assciated with Web site/ hsting, including, withut limitatin, (A) directly pening any listening prt, (B) starting any 'daemn' prcess, (C) perfrming lcal/remte security scans, (D) simulating lcal shell/os access by means f a tunneled/encapsulated cnnectin t a remte hst, (E) circumventing firewall restrictins, (F) cnnecting t any IRC/Peer t Peer file sharing server/netwrk, (G) prviding 'tracker' services t 'BitTrrent' clients and/r (H) expliting web brwser vulnerabilities, as determined by India Market Sftech Pvt. Ltd. (indiamarkethub.cm)in its sle discretin; r Attempt t attack, disrupt, r abuse the supprt- and cntact-related mechanisms f India Market Sftech Pvt. Ltd. (indiamarkethub.cm) including, but nt limited t, telephne lines, addresses, fax lines, bulletin bards r cntact/signup frms; r Utilize the Services in any ther manner t interrupt r interfere with the Internet usage f ther persns. Disclaimer. India Market Sftech Pvt. Ltd. (indiamarkethub.cm) expressly disclaims any bligatin t and des nt mnitr its Users and ther Users with respect t vilatins f this AUP. India Market Sftech Pvt. Ltd. (indiamarkethub.cm) has n liability r respnsibility fr the actins f any f its Users r ther Users r any cntent any User may pst n any Web site. Remedies. If India Market Sftech Pvt. Ltd. (indiamarkethub.cm)learns f a vilatin f this AUP, India Market Sftech Pvt. Ltd. (indiamarkethub.cm)will respnd t the applicable User and may, in India Market Sftech Pvt. Ltd. (indiamarkethub.cm)'s sle discretin, take any r all f the fllwing actins, with r withut ntice as it deems necessary r apprpriate in accrdance with the severity and duratin f the vilatin: Warning the User: and/r

6 Suspending the ffending User frm the Services; and/r Terminating r cancelling, r discnnecting the ffending User frm, the Services; and/r Impsing fees r charges n the ffending User accunt in accrdance with the applicable service cntract; and/r Remving the ffending cntent; and/r Taking ther actin in accrdance with this AUP, the applicable service cntract r applicable law. Reservatin f Rights. India Market Sftech Pvt. Ltd. (indiamarkethub.cm)reserves the right t cperate with and prvide any and all User infrmatin and data t apprpriate legal authrities in investigatins r reprting f claims f illegal activity invlving India Market Sftech Pvt. Ltd. (indiamarkethub.cm)'s Services. India Market Sftech Pvt. Ltd. (indiamarkethub.cm)reserves all ther rights t respnd t vilatins f this AUP t the extent f applicable law and in accrdance with any applicable cntractual bligatins. India Market Sftech Pvt. Ltd. (indiamarkethub.cm)may utilize technical means t mnitr cmmunicatins int, and ut f, its netwrk facilities t prevent the intrductin f viruses r ther hstile cde, t prevent intrusins and therwise t enfrce this AUP and each User agrees that India Market Sftech Pvt. Ltd. (indiamarkethub.cm)is authrized t mnitr its cmmunicatins thrugh India Market Sftech Pvt. Ltd. (indiamarkethub.cm)'s netwrk fr such purpses.