The Policy -
>> Webvertx has the right to charge $1000 (INR 50000.00) per complaint to investigate.
>> Webvertx does not deal with your customers or their customers etc.; we hold our customers responsible for dealing with spamfrom or about their section of the network.
>> On any complaint from our dedicated server provider we will suspend your account and depending on the investigation you may be charged our US$ 1000 (or INR 50000.00) fee.
>> If at anytime we determined that you are deliberately violating our AUP we will either suspend or terminate your server at CBR sole discretion. The 1000 USD investigation fee will apply if we determined that you are deliberately violating our AUP.
>> All notices about spam complaints will be sent to the email address that you signed up with or the one that we have on file.
Unsolicited, commercial mass e-mailing (known as “spamming”) is a strongly disfavored practice among Internet users and hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers.
Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, which may include: -
- Sending UCE referencing an email address for any domain hosted by the Company
- Sending UCE referencing an IP address hosted by the Company
- Harassment, whether through language, frequency or size of messages
The Company will be the sole arbiter as to what constitutes a violation of these provisions. Customer will be face immediate account suspension and/or termination without refund, as well as further penalties for any instance of a verifiable UCE that is reported to the Company.
Copyright Violation — Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringe, and can involve the WHP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials –
Violation of indecency and obscenity laws can result in criminal penalties. Defamation — Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks –
The illegal or unauthorized accessing (often known as “hacking”) of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities –
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
Export Control Violations –
The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
Bandwidth & Utilization –
The Company provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service the Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites who seek to take advantage of the Company unlimited storage or traffic plan in any other way, will, at the discretion of the Company, have their sites canceled and/or removed from the servers. The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies.
Other Activities –
Whether lawful or unlawful, that we determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet. Also any acts by anyone in a bid to harass or defame the Company may result in legal action, compensation charges or a combination thereof. The Company will be the sole arbiter as to what constitutes a violation of this policy.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer’s contract with us.
We also are aware that many of our customers are, themselves, providers of hosting services, and that information reaching our facilities from those customers may have been originated by customers of those customers or other third parties. We do not require our customers who offer hosting services to monitor or censor transmissions created by customers of its customers. At the same time, customers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy.
Similarly, we anticipate that customers who offer hosting services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our customers. Failure to cooperate with such corrective and preventive measures is a violation of our policy. We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure. We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily.
Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect our customers and us from harm, or where such disclosure is necessary to the proper operation of the system. We are not responsible for loss of customer content due to server or hardware failure. We do, however, backup our systems daily, but cannot guarantee the content is up-to-date. It is the customer’s responsibility to have a full backup of their site. We expect that our customers who provide hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate our policy.
Finally, we wish to emphasize that in signing the Services Agreement, customers indemnify us for any violation of the customer of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the customer will pay any damages awarded against us, plus costs and reasonable attorneys’ fees.
Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of any of the above Terms of Service may result in legal action, service charges or a combination thereof. We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned terms and conditions.