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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