1. General Information.
As a provider of web site hosting, and other Internet-related services, Inspedium Corp. (SMC Pvt) Ltd. (“Company”) offers its Clients, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Company respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; Company reserves the right to take certain preventative or corrective actions as they comply with all regulated legalities. In order to protect these competing interests, Company has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each Client’s respective service agreement and is intended as a guide to the Client’s rights and obligations when utilizing Company’s services. This AUP will be revised from time to time. A Client’s use of Company’s services after changes to the AUP are posted on Company’s web site, https://www.inspedium.com, will constitute the Client’s acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party 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 subscribers obtain information through the Internet, they must keep in mind that Company cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user 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 Company cannot monitor or censor the Internet, and will not attempt to do so, Company cannot accept any responsibility for injury to its users, Clients or subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When users or Clients disseminate information through the Internet, they also must keep in mind that Company does not review, edit, censor, or take responsibility for any information its users, Clients or subscribers may create. 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 Company’s network and may reach a large number of people, including but not limited to Clients, subscribers and non-subscribers of Company, Clients’ and subscribers’ postings to the Internet may affect other Clients and subscribers and may harm Company’s goodwill, business reputation, and operations. For these reasons, Clients and subscribers violate Company policy and the service agreement when they, their Clients, affiliates, or subsidiaries engage in activities described herein.
The purpose of this AUP is to enhance the quality of the Services and to protect Company’s Clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Client and its employees, agents, contractors or other users of such Client who obtain Services from Company (each such person being a “User”). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
3. Prohibited Uses.
Clients and Users may not:
a. Utilize the Services to send unsolicited bulk and/or commercial messages, “Safe Lists”, Mail bombing, and purchased lists over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Company, but also because it can overload Company’s network and disrupt service to its Clients subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Company has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
b. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Clients and Users may not:
i. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
iv. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
v. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
vi. Utilize the Services in any manner that violates applicable law.
c. Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Clients and Users may not:
i. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
ii. Utilize the Services in connection with any other disruptive or abusive activity.
d. Utilize the Service as a backup or storage device with the exception of one Control Panel backup of the same account.
e. Unacceptable material which includes but is not limited to IRC scripts/bots, Proxy scripts/anonymizers, image hosting scripts for users other than Client, AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce programs/scripts, Commercial banner-ad services, File dump and mirror scripts, Commercial audio streaming, Escrow/Bank Debentures/Trading programs, High-Yield Interest Programs or related sites, Investment Sites (such as similar to FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM, or Pyramid Scheme’s), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks program, Lottery sites, MUDs, RPGs, PBBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites in any way promoting illegal activity, Forums and/or websites that distributute or link to illegal content, Fraudulent sites, Mailer Programs etc.
f. Running stand-alone, unattended server-side processes at any point in time.
g. Running any type of web spider or indexer.
h. Running any bit torrent application, tracker, or client.
i. Participate in any file sharing or peer-to-peer activities.
j. Run any game servers.
k. Cron entries with intervals of less than 15 minutes.
4. Without limiting the general application of this rule, Clients and Users may not:
a. Utilize the Services to cause denial of service attacks against Company or other network hosts or Internet users or to otherwise degrade or impair the operation of Company’s servers and facilities or the servers and facilities of other network hosts or Internet users;
b. Post messages or software programs that consume excessive CPU time or storage space;
c. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto-responders other than for the User’s own account;
d. Utilize the Services to resell access to Company provided scripts installed on Company’s servers;
e. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Company systems, facilities or equipment;
f. Utilize the Services to gain unauthorized access to the computer networks of Company or any other person;
g. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
h. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames);
i. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
j. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
k. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam;
l. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam;
m. Utilize the Services in any manner that might subject Company to unfavorable regulatory action, subject Company to any liability for any reason, or adversely affect Company’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Company in its sole discretion; or
n. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
a. Disclaimer. Company expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this AUP. Company has no liability or responsibility for the actions of any of its Clients or other Users or any content any User may post on any Web site.
b. Reporting Non-Copyright Violations. Company encourages Users to report violations of this policy by e-mail to: abuse [@] inspedium.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
c. Reporting Copyright Violations. Company complies with the Digital Millennium Copyright Act (“DMCA”). Company encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the Legal section of this website.
d. Remedies. If Company learns of a violation of this AUP, Company will respond to the applicable Client and may, in Company’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
Warning the Client;
i. Suspending the offending Client from the Services;
ii. Terminating the offending Client from the Services;
iii. Imposing fees or charges on the offending Client account in accordance with the applicable service contract;
iv. Removing the offending content; and
v. Taking other action in accordance with this AUP, the applicable service contract or applicable law.
6. Reservation of Rights.
Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Company’s Services, Clients and other Users. Company reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each Client agrees that Company is authorized to monitor its communications through Company’s network for such purposes.