This Acceptable User Policy (“AUP”) governs the usage of services of Webhostingbingo (“Services”)
pursuant to the Master Services Agreement dated ________ entered between Webhostingbingo and the
Customer.
The terms not specifically defined herein shall have the meanings ascribed to them in the Master
Services Agreement.
This AUP shall be incorporated by reference into each contract entered by Webhostingbingo with its
Customer for availing the Services. In addition, this Policy shall also be incorporated by reference
into the Master Service Agreement
This AUP helps and protects the Customer. Availing of Services by the Customer constitutes
acceptance of this AUP.
All hosting services provided by Webhostingbingo shall be used by the Customer for lawful purposes
only, and as per the applicable laws (including but not limited to privacy laws). Transmission,
usage, storage, or presentation of any information, data or material in violation of applicable laws
including the ‘banned contents’ is strictly prohibited. The ‘banned contents’ include but are not
limited to:-
Illegal Material - Includes illegally exploited copyrighted works, commercial
audio, video, or music files, and any material that violates any applicable law or regulation of
any country, and any material that is perceived to be misleading in any manner.
Warez - Includes, but is not limited to, pirated software, ROMS, emulators,
phreaking, hacking, password cracking, IP spoofing and the like, and encrypting of any of the
above. It also includes any sites which provide "links to" or "how to" information about such
material
HYIP - HYIP sites, or sites that link to or have content related to HYIP
sites.
Proxy - Any proxy set-ups or connections or any sort of activity through
remote proxy connections on our hosting and/or in relation to our Colocation services.
IRC Hosts – (Hosting an IRC server that is part of or connected to another
IRC network or server) Servers, found to be (a) connecting to or (b) part of these networks;
Defamatory content - any website content that makes a false claim,
expressively stated or implied to be factual, or that may give an individual, business, product,
services, group, government or nation a negative image.
Bit Torrents - Use of software and scripts for "bit torrents" including
sending or receiving files using these mechanisms.
Adult Content Webhostingbingo does not allow pornographic or
sexually-explicit images or any pictures/ video which are obtained illegally to be hosted on its
servers.
Undertaking of the Customer The Customer agrees and undertakes that;
Any attempt to undermine or cause harm to any of the servers of Webhostingbingo is strictly
prohibited. Webhostingbingo shall take no responsibility for the use of its clients' accounts by
the Customer.
In case of abuse of the resources provided by Webhostingbingo, in any way, Webhostingbingo
reserves the unqualified right to immediately deactivate the Customer’s account, without refund.
Denial of Service (DOS) attacks directed at Webhostingbingo, or any attempt to launch a DOS
attack from Webhostingbingo servers are strictly prohibited. All infractions and or suspected
infractions will be vigorously investigated and may result in immediate termination of
Customer’s account.
In case the Customer is, in any way, disrespectful towards any member of Webhostingbingo or
its staff, Webhostingbingo shall have full right to terminate Customer’s account with it,
without any refund.
Webhostingbingo will use reasonable efforts to protect server for its clients / Customer, The
Customer is solely responsible for making back-up files in connection with its use of the
Services.
Client shall be responsible for any misuse of its Server/account and it must take steps to
ensure that others do not gain unauthorized access to its Server/account. It shall not use its
account to breach the security of another account or server or attempt to gain un-authorised
access to another network or server.
Webhostingbingo will use commercially reasonable efforts to resolve all Incidents as soon as
reasonably possible, but does not make any representations or warranties as to the timeliness of
the resolution of any Incident.
Its password provides access to its account and it is responsible to keep its password secure.
Sharing its password and account access with unauthorized users is strictly prohibited. It
will take care and prevent others from using its account. It will be responsible for all
consequences of others using its account.
Attempting to obtain another user's account password is strictly prohibited, and will result
in termination of Services.
It shall adopt adequate security measures to prevent un-authorised use of its account.
It shall not attempt to circumvent user authentication or security of any host, network or
account which includes but is not limited to accessing data not intended for it, logging into or
making use of a server or account. It is not expressly authorized to access, or probe the
security of other networks. Use or distribution of tools designed for compromising security is
prohibited. Such tools shall include but are not limited to password guessing programs, cracking
tools or network probing tools.
It shall not attempt to interfere with services provided to any user, host or network or carry
out DOS attacks which includes but is not limited to "flooding" of networks, deliberate attempts
to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability.
Webhostingbingo will cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
It shall complete its own tests for computer viruses in accordance with best computing
practice prior to each and every operational use of the Services.
Materials and Products
Webhostingbingo shall exercise no control whatsoever over the content of the information
passing through the network or on the Customer's websites.
Use of any information obtained by way of Webhostingbingo is at the Customer's own risk, and
Webhostingbingo specifically denies any responsibility for the accuracy or quality of
information obtained through its services.
Connection speed represents the speed of connection to Webhostingbingo and does not represent
guarantees of available end to end bandwidth. Webhostingbingo can only guarantee within its
controlled network, availability of bandwidth to Customer's subscribed Committed Information
Rate".
Webhostingbingo is under no obligation to edit, review or modify the contents of the Customer's
website. However, Webhostingbingo reserves the right to remove any content on the Customer’s website
without notice. For the avoidance of doubt, Webhostingbingo shall not pro-actively monitor messages
that are posted on the sites managed by Webhostingbingo, but it reserves the right to remove such
messages at its sole discretion, without notice to the Customer.
The Account of the Customer found to be using the Services for any of the purposes contained in
Clause (4) (1), above shall be terminated without any notice.
The first offense committed by the Customer in respect of Proxy as set out in Clause 4 (4), above
will result in immediate suspension of their account. A second violation by the Customer in this
regard will result in immediate termination of its account.
Servers found to be (1) connecting to, or (2) part of another IRC network or server will be
immediately removed from Webhostingbingo network, without notice. Such servers will not be
reconnected to the network until such time that all traces of the IRC server are completely removed,
and the Customer allows access to its server to confirm that the content has been completely
removed.
Indemnity
The Customer agrees that it shall fully and effectively defend, indemnify, save and hold
Webhostingbingo harmless from any and all demands, liabilities, losses, costs, actions,
proceedings, expenses (including legal expenses), liabilities and/or claims, howsoever suffered
or incurred directly or indirectly by Webhostingbingo, its agents, officers and employees, that
may arise or result from any acts or omissions of the Customer, its agents, employees or assigns
(1) in connection with their use of the Services, and/or (2) as a consequence of the Customers
breach or non-observance of its obligations set out in this AUP.
The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses)
and judgments awarded against Webhostingbingo arising from breach or breaches of its obligations
set out in this AUP. Webhostingbingo may in its absolute discretion defend such claims and may
compromise such claims without the consent of the Customer. The Customer shall provide
Webhostingbingo with the assistance necessary, or as required by Webhostingbingo, to defend such
claims, at the Customer’s sole expense.
Amendment Any amendment or modification of this AUP shall be effective only if
it is in writing and duly signed by both the Parties.
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