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As
a high-quality web hosting provider to thousands of
customers, Webcom Systems values its good reputation.
Accordingly, it is important to us that our customers
use our services and the Internet in general, responsibly
and courteously. Most of our customers do so and seldom
need to refer to these AUPs. Nonetheless, the following
constitute examples of unacceptable uses of Webcom Systems's
services, which will result in suspension, or termination
of the customer's account.
Affronts
to Etiquette
Unacceptable activities include spamming (sending unsolicited
advertising to those with which the customer has no
existing business relationship, posting off-topic advertising
in newsgroups); spoofing (using a return email address
which is not the valid reply address of the sender or
sending an email message which does not contain enough
information to enable the recipient to identify the
party who is really sending the message; passive spamming
(promoting a web site hosted by Webcom Systems by spamming
from some other source), trolling (posting controversial
messages in newsgroups to generate responses), mailbombing
(inundating a user with email without any serious intent
to correspond), generating a higher volume of outgoing
mail than a normal user (over 10% of available system
resources), and subscribing someone else to an electronic
mailing list without that person's permission. A message
is considered unsolicited if it is posted in violation
of a newsgroup charter or sent to a recipient who has
not requested the message. Making an email address available
to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is
also prohibited. All recipients on a mailing list must
have personally subscribed.
Mailing lists may not be used to distributed unsolicited
email. Any customer repeatedly "mailbombed" or that
attracts such behavior will be asked to leave. If you
are not sure if your actions will be in violation, please
ask first (abuse@webcomindia.net).
Age
The client must be 18 years of age to obtain our service.
Abuse
of the legal rights of others
Examples
of unacceptable activities in this regard include posting
private information about a person without their consent,
infringing intellectual property rights, defaming a
person or business, and knowingly making available code
which will have a deleterious effect on third party
computers. Webcom Systems supports free speech on the
Internet, and will not suspend or cancel a customer's
account simply because it disagrees with the views expressed
by the customer. Where there are allegations that a
customer's on-line activity has violated the legal rights
of a third party, Webcom Systems will not substitute
itself for a court of law in deciding tort claims raised
by the third party.
Abuse
of the law
Webcom Systems's services may be used for lawful purposes
only. Illegality includes but is not limited to: drug
dealing; attempting without authorization to access
a computer system; pirating (distributing copyrighted
material in violation of copyright law, specifically
MP3s, MPEG's,ROMs, and ROM emulators); gambling; schemes
to defraud; trafficking in obscene material; sending
a message or having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse, threaten,
or harass another person; threatening bodily harm or
damage to individuals or groups; violating U.S. export
restrictions; stalking; or violating other state or
federal law such as the Electronic Communications Privacy
Act, the Computer Fraud and Abuse Act, or the Economic
Espionage Act. Linking to illegal material is also prohibited.
Anything violating Indian Law will be considered as
abuse of our services and the person indulging in the
same will be considered totally liable for his acts.
On finding this we will disctoniue the services immediatley
and inform the same to the Law inforcement agencies
to take care of the situation. This will not arising
any liablity on Webcom Systems.com or any of its associates,
partners or proprietor.
Webcom Systems reserves the right to check system files,
email, and other data on our servers for illegal content
and materials, or for any other reasons deemed necessary.
Pornography
Pornography and sex-related merchandising, or links
to such material, even if legal, is not an acceptable
use of Webcom Systems's servers.
Abuse
of Webcom Systems's Server Resources
Running
programs in the background on a Webcom Systems's server
without Webcom Systems's prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots,
Greeting Cards sites, software downloading sites, more
then 1000 emails a day and the like are not acceptable
uses of Webcom Systems's servers. Further, any usage
of ten percent (10%) or more of our system resources
is an undue burden on our system and is unacceptable.
If your usage ever exceeds ten percent (10%) of system
resources, your account may be terminated immediately
and without prior notice. In addition any domain that
exceeds ten gigabytes of bandwidth traffic can be terminated
without prior notice. Usage of scripts or other utilities
to direct pointed domain names to subdirectories is
not permitted and is grounds for termination of the
account.
Hacking/Cracking
Webcom Systems reserves the right to report illegal
activities to any and all regulatory, administrative,
and/or governmental authorities for prosecution.
The following examples of unacceptable behavior are
non-exclusive, and are provided for guidance purposes.
If you are unsure if your actions will be a violation
of our policies please contact abuse@webcomindia.net
Server
broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network
Attempt to circumvent any user authentication or security
of host, network, or account. Accessing data not intended
for user. Probing the security of any network. Spawning
dozens of processes. Port scans, ping floods, packet
spoofing, forging router information, Denial of Service
attacks, sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land, teardrop. Promulgation of viruses.
IRC bots such as eggdrop or BitchX.
Any activity, whether or not the intrusion results in
the corruption or loss of data, will be investigated
and proper action taken. The presence of any of these
programs, whether or not run, will result in action
against the user including suspension or termination.
Top
Client
Responsibility
The client is responsible for all activity originating
from the account unless proven to be a victim of outside
hacking or address forgery. The client is responsible
for securing their username/password. The client assumes
responsibility for all material on their site that may
be put on by a third party (such as the usage of Free
For All links pages). Use of Webcom Systems's service
requires a certain level of knowledge in the use of
Internet languages, protocols, and software. This level
of knowledge varies depending on the anticipated use
and desired content of the web space by the client.
The following examples are offered: Web Publishing:requires
knowledge of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image mapping,
etc. FrontPage web publishing: knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment,
TAR & GUNZIP commands, Perl, CShell scripts, permissions,
etc. Mail: a use of mail clients to receive and send
mail, etc. The client agrees that he or she has the
necessary knowledge to create and maintain their web
space. Client agrees that it is not the responsibility
of Webcom Systems to provide this knowledge or support
outside matter specific to Webcom Systems's servers.
Backups
No
guarantees are made of any kind, either expressed or
implied, as to the integrity of these backups. Backups
are made for server restoration purposes only. It is
the clients' responsibility to maintain local copies
of their web content any information. If loss of data
occurs due to an error of Webcom Systems, Webcom Systems
will attempt to recover the data for no charge to the
client but does not guarantee its recovery. If data
loss occurs due to negligence of client in securing
their account or by an action of the client, Webcom
Systems will attempt to recover the data from the most
recent archive for a Rs.3000/- fee.
IP
numbers
Webcom Systems maintains control and any ownership of
any and all I.P. numbers and addresses that may be assigned
to the client and reserves in its sole discretion the
right to change or remove any and all IP numbers and
addresses.
Limitation
of Liability
Webcom
Systems shall not be responsible for any claimed damages,
including incidental and consequential damages, which
may arise from Webcom Systems's servers going off-line
or being unavailable for any reason whatsoever. Further,
Webcom Systems shall not be responsible for any claimed
damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web
site from one of Webcom Systems's servers. All damages
shall be limited to the immediate termination of service.
Webcom
Systems shall be the sole arbiter of what is and is
not a violation of these acceptable use policies. Webcom
Systems reserves the right to terminate an account at
any time and for any reason that causes harm to any
Webcom Systems customer's web sites. Webcom Systems
reserves the right to delete all content and files upon
termination. Webcom Systems reserves the right to withhold
any pre-paid funds for any site removed for violations
of these policies. Webcom Systems reserves the right
to refuse, cancel, or suspend service at our sole discretion.
Webcom
Systems reserves the right to change the Acceptable
Use Policy without prior notice or warning. Non-enforcement
of any part of the Acceptable Use Policy does not constitute
consent.
Violations
of these Acceptable Use Policy should be referred to
abuse@webcomindia.net
All
complaints will be investigated promptly
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