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By using our web
hosting services, you agree to comply with this
Policy. You are expected to use the Internet with
respect, courtesy, and responsibility, giving due
regard to the rights of other Internet users. We
expect you to have a basic knowledge of how the
Internet functions, the types of uses, which are
generally acceptable, and the types of uses, which
are to be avoided. Common sense is the best guide as
to what is considered acceptable use. The following
are unacceptable uses:
Interpretation
The provisions of this
Policy are intended as guidelines and are not meant
to be exhaustive. Generally, conduct that violates
law, regulation, or the accepted norms of the
Internet community, whether or not expressly
mentioned in this Policy, is prohibited. BAGWAR
SOFTWARES Hosting reserves the right at all times to
prohibit activities that damage its commercial
reputation and goodwill.
Compliance with Law
Customer shall not
post, transmit, re-transmit or store material on or
through any of Services or Products which, in the
sole judgment of the Company (i) is in violation of
any local, state, federal or international law or
regulation, (ii) threatening, obscene, indecent,
defamatory or that otherwise could adversely affect
any individual, group or entity (collectively,
"Persons") or (iii) violates the rights of any
person, including rights protected by copyright,
trade secret, patent or other intellectual property
or similar laws or regulations including, but not
limited to, the installation or distribution of
"pirated" or other software products that are not
appropriately licensed for use by Customer. Customer
shall be responsible for determining what laws or
regulations are applicable to its use of the
Services and Products.
BAGWAR SOFTWARES Hosting will be the sole arbiters as
to what constitutes a violation of this provision,
provided that all such determinations shall be made
reasonably in good faith based on applicable law,
regulation and the accepted norms of the Internet
community.
Customer Security Obligation
Each Customer must use
reasonable care in keeping each script, application,
server or network devices attached to or hosted by
BAGWAR SOFTWARES Hosting's infrastructure
up-to-date and patched with the latest security
updates. Failure to use reasonable care to protect
your applications and/or server may result in a
security compromise by outside sources. BAGWAR
SOFTWARES Hosting
is not responsible for Customer application/server
level security unless a security administration
package, firewall security administration package or
fully managed operating system package is contracted
for. A compromised application or server creating
network interference will result in immediate
Customer notification and will be
suspended/disconnected from the network immediately
so as to not directly affect other Customers. No
service credits will be issued for outages resulting
from disconnection due directly to breached
security. The Customer is solely responsible for any
breaches of security affecting the applications or
servers under Customer control. If a Customer
intentionally creates a security breach, the cost to
resolve any damage to Customer's application or
server or other servers will be charged directly to
the Customer. The labor used to resolve such damage
is categorized as emergency security breach recovery
and is currently charged at $500 per hour.
System and Network Security
Violations of system
or network security are strictly prohibited, and may
result in criminal and civil liability. BAGWAR
SOFTWARES
Hosting investigates all incidents involving such
violations and will cooperate with law enforcement
if a criminal violation is suspected.
Examples of system or network security violations
include, without limitation, the following:
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Introduction of malicious programs
into the network or server (example:
viruses, worms, Trojan Horses and
other executables intended to
inflict harm).
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Effecting security breaches or
disruptions of Internet
communication and/or connectivity.
Security breaches include, but are
not limited to, accessing data of
which the Customer is not an
intended recipient or logging into a
server or account that the Customer
is not expressly authorized to
access. For purposes of this
section, "disruption" includes, but
is not limited to port scans, flood
pings, email-bombing, packet
spoofing, IP spoofing and forged
routing information.
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Executing any form of network
activity that will intercept data
not intended for the Customer.
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Circumventing user authentication or
security of any host, network or
account.
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Interfering with or denying service
to any user other than the
Customer's host (example: denial of
service attack or distributed denial
of service attack).
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Using
any program script/command, or
sending messages of any kind,
designed to interfere with or to
disable, a user's terminal session,
via any means, locally or via the
Internet.
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Network interference by any
Customers that may cause or is
currently causing network
interference with another Customer
will be suspended/disconnected
immediately. No service credits will
be issued to Customers
suspended/disconnected for network
violations.
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Misuse of System Resources on Shared Hosting Service
It is a violation for
anyone to post information or to include programs on
the shared hosting service provided through the
BAGWAR SOFTWARES Hosting services which consume excessive
bandwidth or CPU time. Background processes,
including, but not limited to: ircbot, bnc, proxy,
email sender, daemons, are strictly prohibited.
Internet Etiquette
The Customer will
comply with the rules appropriate to any network to
which BAGWAR SOFTWARES Hosting may provide access. The
Customer should not post, transmit, or permit
Internet access to information the Customer desires
to keep confidential. The Customer is not permitted
to post any material that is illegal, libelous, and
tortuous, indecently depicts children or is likely
to result in retaliation against BAGWAR SOFTWARES
Hosting by offended users. BAGWAR SOFTWARES Hosting
reserves the right to refuse or terminate service at
any time for violation of this section. This
includes advertising services or sites via IRC or
USENET in clear violation of the policies of the IRC
channel or USENET group.
Email/Data Policy
Mass Mailings. BAGWAR
SOFTWARES Hosting has a zero stance policy on SPAM,
Junk E-mail or UCE. Spam, Junk-mail and UCE are
defined as: the sending of the same, or
substantially similar, unsolicited electronic mail
messages, whether commercial or not, to more than
one recipient. A message is considered unsolicited
if it is posted in violation of a newsgroup charter
or if it is sent to a recipient who has not
requested or invited the message. UCE also includes
e-mail with forged headers, compromised mail server
relays, and false contact information. This
prohibition extends to the sending of unsolicited
mass mailings from another service, which in any way
implicates the use of BAGWAR SOFTWARES Hosting's
services whether or not the message actually
originated from our network.
Mailing Lists: BAGWAR SOFTWARES Hosting's mass
mailing rules also apply to mailing lists, list
servs, or mailing services you may contract with.
The policy is stated as follows: An acceptable
mailing list will be focused at a targeted audience
that has voluntarily signed up for your e-mail
information or that has made their e-mail address
available for distribution of information from you.
The list must also allow for automatic removal by
all end Customers with non-distribution in the
future.
If your actions have caused BAGWAR SOFTWARES Hosting's
mail servers or BAGWAR SOFTWARES Hosting's IP address
ranges to be placed on blackhole lists and other
mail filtering software systems used by companies on
the internet, you will be assessed a $900 charge to
your account and $500 per hour for administrative
charges incurred to remove and protect mail servers
and IP ranges.
Use of Data. BAGWAR SOFTWARES Hosting provides
an "unlimited" number of email accounts to its
shared hosting customers. This facility should only
be used for customer's direct staff and/or families.
BAGWAR SOFTWARES Hosting specifically prohibits the use
of our shared hosting's email facility to provide
email service, whether it is free or fee based to
the general public. For example, you cannot provide
free email service such as hotmail based on our
shared hosting email facility. BAGWAR SOFTWARES advise
to its customers & resellers whether they use
Windows Hosting or Linux Hosting to keep the backup
of all Data (Websites, Emails & Database) as we
provide backup of all data, but there is no 100%
gurantee to provide the same in a specific
situations. So, BAGWAR SOFTWARES has no responsiblity to
loose the data of customers & resellers. .
Child Pornography
BAGWAR SOFTWARES Hosting
will cooperate fully with any criminal investigation
into a Customer's violation concerning child
pornography. Customers are ultimately responsible
for the actions of their clients over BAGWAR
SOFTWARES
Hosting's servers, and will be liable for illegal
material posted by their clients.
Consequences of
Violation
When BAGWAR SOFTWARES
Hosting becomes aware of an alleged violation of its
Acceptable Use Policy, BAGWAR SOFTWARES Hosting will
initiate an investigation. During the investigation
BAGWAR SOFTWARES Hosting may restrict Customer's access
in order to prevent further possible unauthorized
activity. Depending on the severity of the
violation, BAGWAR SOFTWARES Hosting may, at its sole
discretion, restrict, suspend, or terminate
Customer's account and/or pursue other civil
remedies. If such violation is a criminal offense,
BAGWAR SOFTWARES Hosting will notify the appropriate
law enforcement department of such violation.
BAGWAR SOFTWARES Hosting does not issue service credits
for any outages incurred through service disablement
resulting from Policy violations.
Reporting Abuse
Any party seeking to
report any violations of BAGWAR SOFTWARES Hosting's
policy may at info@bagwarsoftwares.com
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