Acceptable Use Policy

Last Updated: 22nd January 2007


By submitting an online order form, or by using Indichosts.net's service, Customer hereby agrees to the following Acceptable Use Policy (AUP). Customer agrees that it shall comply with and require its end users to comply with this AUP, Indichosts.net's Terms of Service (TOS), Indichosts.net's No-Spam Policy (NSP), and Indichosts.net's Privacy Policy. In this document, the word 'Agreement' with a capital 'A' refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. Introduction, Purpose, and General Terms.

2. General Prohibitions. You may not use this site or Indichosts.net's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Indichosts.net Network, or Indichosts.net's Services, or any other part's use or enjoyment of this site, the Indichosts.net Network, or Indichosts.net's Services.

3. Compliance with Law. Customer shall not use Indichosts.net's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Indichosts.net's sole discretion:

4. System and Network Security. Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Indichosts.net. Indichosts.net investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected. You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Indichosts.net account or attempt to gain unauthorized access to another network or server. Examples of system or network security violations include, without limitation, the following:

5. Internet Etiquette. The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Indichosts.net may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Indichosts.net by offended users. Indichosts.net reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.

6. Child Pornography. Indichosts.net will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Indichosts.net network, and shall be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

7. Indichosts.net No-Spam Policy (NSP).

Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in this NO-SPAM Policy (the "Policy"), spam is:

  • a commercial e-mail message or other electronic message, including, but not limited to, messages that are:

  • posted to an electronic mailing list (other than an "opt-in" e-mail list as described below),

  • posted on an online bulletin board system or Web-based message board system or "guest book",

  • posted to a Usenet newsgroup,

  • posted to the common area of an online community, group, or club,

  • posted in a chat room,

  • posted in a message board of a commercial online service (such as America Online),

  • posted to a Weblog ("blog"),

  • sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),

  • sent through e-mail or another Internet means of communication when the message's ultimate destination is a facsimile ("fax") machine, cellular or wireless telephone, or wireless device,

  • a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,

  • a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as "affiliate lists,"

  • a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),

  • a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or

  • a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.

For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of "spam" provided above.

7.6. "Opt-in" E-mail Lists. Please note: messages sent to "opt-in" e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:

  • the messages are sent to an "opt-in" e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;

  • the messages STRICTLY COMPLY with ALL the requirements and regulations of the "opt-in" e-mail list; and

  • upon request of any subscriber to the "opt-in" e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.

If you choose to use an "opt-in" e-mail list, please be aware that Indichosts.net will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.

Furthermore, Indichosts.net reserves the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.

7.7. Zero Tolerance for Spam. Indichosts.net will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Indichosts.net's services whether or not the message actually originated from our network. Violation of this NO-SPAM policy will result in Indichosts.net taking one or more of the following actions:

  • A warning via e-mail or telephone,

  • Suspension of your site until further notice,

  • Removal of DNS for the advertised/originating site, or

  • Temporarily blocking outgoing mail from your site.

  • Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.

  • Indichosts.net reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Indichosts.net Network.

  • PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.

7.8 Indemnification of Indichosts.net. You agree to defend, hold harmless, and indemnify Indichosts.net from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.

7.9 Mailing Limits

  • Linux & Windows Web hosting may not send more than 200 emails per hour per domain.

  • Linux Business, eCommerce, Webmaster plans may not send more than 400 emails per hour per domain.

  • Outgoing emails with more than five recipient failure will be dropped.

8. Resource Usage. You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.

Indichosts.net reserves the right to make adjustments to these limits at our sole discretion. If Indichosts.net takes corrective action Customer shall not be entitled to a refund of any fees paid in advance.

9. No Editing, Censoring, or Control of Communications; Reservation of Rights. Your participation in online communication or use of any Indichosts.net service is not edited, censored, or otherwise controlled by Indichosts.net. However, Indichosts.net reserves the right to monitor content on this site and on any Indichosts.net servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Indichosts.net, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

10. Export Control Laws. Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products.

11. International Use. Indichosts.net makes no representation that materials available on this site or any or through any Indichosts.net service are appropriate or available for use in locations outside the India, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Indichosts.net from locations outside the India are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Indichosts.net, its parents, subsidiaries, partners, joint venture's, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer's users that may violate any applicable law.

12. Intellectual Property Rights.

13. Customer's Grant of Limited License to Indichosts.net; Warranties on Content. By posting or submitting content to any Indichosts.net Web site or server, you:

14. IP Allocation. Indichosts.net administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by Indichosts.net staff or network administrators.

15. Restrictions on Use of Indichosts.net Services.

16. Suspension and Cancellation. Indichosts.net reserves the right to suspend service to any Customer or who is using our network or services for violation of the AUP, the NSP, the Privacy Policy, or the TOS. Indichosts.net will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Indichosts.net reserves the right to terminate service without notice for continued and repeated violations of the AUP, the NSP, the Privacy Policy, or the TOS.

17. Notices Regarding Violations of AUP and Intellectual Property Rights.

18. Abuse of Traffic and Storage Indichosts.net customers are privileged to be offered, high traffic and large amounts of storage, on top of the line server hardware, with wide range of technology and features for their web sites. We expect our customers to use these resources in good faith.

The intention of Indichosts.net is to provide a large space to serve web documents, not an offsite "storage area" or "exchange area" for electronic files. Sites that fall under "storage" are large archives of images, compressed files, movies, or sound files.

To prevent abuse

Indichosts.net will be the sole arbiter as to what constitutes a violation of this provision. Web sites found to be violating any of the provisions are subject to warning, suspension or cancellation at the discretion of Indichosts.net management.

19. Revisions. Indichosts.net may revise this Acceptable Use Policy without prior notice. Such changes will be posted at www.indichosts.net/about-us/aup.htm. You are responsible for reviewing the online Acceptable Use Policy to stay update of any changes.