Acceptable Use Policy
October 2023
This Acceptable Use Policy (“AUP”) governs the usage of services of Service Provider (“Services”) pursuant to Terms of Service as entered upon between the Customer and Service Provider. The capitalised terms not defined here will have the same meanings as provided in the Terms of Service.
This AUP helps and protects the Customer. Availing of Services by the Customer constitutes acceptance of this AUP.
TERMS OF THE AUP
All cloud and hosting services provided by Service Provider shall be used by the Customer for lawful purposes only, and as per the Applicable Laws (including but not limited to privacy laws). Transmission, usage, storage, or presentation of any information, data or material in violation of applicable laws including the ‘banned contents’ is strictly prohibited. The ‘banned contents’ include but are not limited to:
- Illegal Material - Includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material that violates any Applicable Law or regulation of any country, and any material that is perceived to be misleading in any manner;
- Warez - Includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and the like, and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material;
- High Yield Investment Program (HYIP) sites, or sites that link to or have content related to HYIP sites;
- Proxy - Any proxy set-ups or connections or any sort of activity through remote proxy connections on our hosting and/or in relation to our Colocation services;
- Internet Relay Chat (IRC) Hosts – (Hosting an IRC server that is part of or connected to another IRC network or server) Servers, found to be (a) connecting to or (b) part of these networks;
- Defamatory content - Any website content that makes a false claim, expressly stated or implied to be factual, or that may give an individual, business, product, services, group, government or nation a negative image;
- Torrents - Use of software and scripts for "bit torrents" including sending or receiving files using these mechanisms;
- Any material or content or activity:
- that threatens, incite, promote, or actively encourage violence, terrorism, or other serious harm;
- that promotes any content or activity that promotes child sexual exploitation or abuse;
- that violates the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
- that distributes, publishes, sends, or facilitates the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”).
Customer Undertaking
Customer agrees and undertakes that:
- Any attempt to undermine or cause harm to any of the servers of Service Provider is strictly prohibited. Service Provider shall take no responsibility for the use of its clients' accounts by the Customer.
- In case of abuse of the resources provided by Service Provider, in any way, Service Provider reserves the unqualified right to immediately deactivate the Customer’s account, without refund.
- Any kind of Denial of Service (DoS) attacks directed at Service Provider, or any attempt to launch a DoS attack from Service Provider servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of the Customer's account.
- In case the Customer is, in any way, disrespectful towards any member of Service Provider or its staff, Service Provider shall have full right to terminate Customer’s account with it, without any refund.
- It shall be responsible for any misuse of its account and it must take steps to ensure that others do not gain unauthorised access to its account. It shall not use its account to breach the security of another account or attempt to gain unauthorised access to another network or server.
- Its password provides access to its account and it is responsible to keep its password secure.
- Sharing its password and account access with unauthorised users is strictly prohibited. It will take care and prevent others from using its account. It will be responsible for all consequences of others using its account.
- Attempting to obtain another user's account password is strictly prohibited, and will result in termination of Services.
- It shall adopt adequate security measures to prevent unauthorised use of its account.
- It shall not attempt to circumvent user authentication or security of any host, network or account which includes but is not limited to accessing data not intended for it, logging into or making use of a server or account. It is not expressly authorised to access, or probe the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Such tools shall include but are not limited to password guessing programs, cracking tools or network probing tools.
- It shall not attempt to interfere with services provided to any user, host or network or carry out DoS attacks which 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. Service Provider 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.
- It shall complete its own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.
Materials And Products
- Service Provider shall exercise no control whatsoever over the content of the information passing through the network or on the Customer's content or websites.
- Use of any information obtained by way of Service Provider is at the Customer's own risk, and Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- Connection speed represents the speed of connection to Service Provider and does not represent guarantees of available end to end bandwidth. Service Provider can only guarantee within its controlled network, availability of bandwidth to Customer's subscribed Committed Information Rate.
No Obligations
Service Provider is under no obligation to edit, review or modify the contents of the Customer's content or website. However, Service Provider reserves the right to remove any content on the Customer’s website without notice. For the avoidance of doubt, Service Provider shall not proactively monitor messages that are posted on the sites managed by Service Provider, but it reserves the right to remove such messages at its sole discretion, without notice to the Customer.
Suspension
The Customer account found to be using the Services for any of the purposes contained in Clause 3 above shall be suspended without any notice.
The first offence committed by the Customer in respect of Proxy as set out in Clause 3 (iv), above will result in immediate suspension of their account. A second violation by the Customer in this regard will result in immediate termination of its account.
Servers found to be (a) connecting to, or (b) part of another IRC network or server will be immediately removed from the Service Provider network, without notice. Such servers will not be reconnected to the network until such time that all traces of the IRC server are completely removed, and the Customer allows access to its server to confirm that the content has been completely removed.
Indemnity
The Customer agrees that it shall fully and effectively defend, indemnify, save and hold Service Provider harmless from any and all demands, liabilities, losses, costs, actions, proceedings, expenses (including legal expenses), liabilities and/or claims, howsoever suffered or incurred directly or indirectly by Service Provider, its agents, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns (a) in connection with their use of the Services, and/or (b) as a consequence of the Customers breach or non-observance of its obligations set out in this AUP.
The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Service Provider arising from breach or breaches of its obligations set out in this AUP. Service Provider may in its absolute discretion defend such claims and may compromise such claims without the consent of the Customer. The Customer shall provide the Service Provider with the assistance necessary, or as required by the Service Provider, to defend such claims, at the Customer’s sole expense.
You can contact Service Provider at legal@indiqus.com to clarify any points as mentioned in the AUP.