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HOSTING POLICY/TERMS OF SERVICE
USE POLICY
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Illegal
use: WebSouls services may not be used for illegal
purposes, or in support of illegal activities. WebSouls reserves
the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime or
civil wrongdoing.
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Harm to
minors: Use of the WebSouls service to harm, or attempt
to harm, minors in any way, including, but not limited to child
pornography.
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Threats:
Use of the WebSouls service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
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Harassment:
Use of the WebSouls service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses another.
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Fraudulent
activity: Use of WebSouls service to make fraudulent
offers to sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes,"
and "chain letters."
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Impersonation:
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
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Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM):
Use of the WebSouls service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violations
of this type will result in the immediate termination of the
offending WebSouls account.
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E-mail
/ News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result
in the immediate termination of the offending WebSouls account.
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E-mail
/ Message Forging: Forging any message header, in part
or whole, of any electronic transmission, originating or passing
through the WebSouls service is in violation of this POLICY.
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Usenet
Spaming: WebSouls has a zero tolerance policy for
the use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or
charter of any newsgroups or mailing list. Commercial messages
that are appropriate under the rules of a newsgroup or mailing
list or that are solicited by the recipients are permitted.
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Unauthorized
access: Use of the WebSouls service to access, or
to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of HostRock.Net's
or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether
or not the intrusion results in the corruption or loss of data,
is expressly prohibited and the offending WebSouls account
is subject to immediate termination.
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Copyright
or trademark infringement: Use of the WebSouls service
to transmit any material (by e-mail, uploading, posting or otherwise)
that infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted material,
the digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized transmittal
of copyrighted software.
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Collection
of personal data: Use of the WebSouls service to collect,
or attempt to collect, personal information about third parties
without their knowledge or consent.
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Network
disruptions and unfriendly activity: Use of the WebSouls service for any activity that affects the ability of other
people or systems to use WebSouls Services or the Internet.
This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or
disruption of other network users, services or equipment is
prohibited. It is the Member's responsibility to ensure that
their network is configured in a secure manner. A Subscriber
may not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. A Subscriber may
not permit their network, through action or inaction, to be
configured in such a way that gives a third party the capability
to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's
computer system will result in immediate account termination.
WebSouls will not tolerate any subscriber attempting to access
the accounts of others, or penetrate security measures of other
systems, whether or not the intrusion results in corruption
or loss of data.
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Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving
it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property
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Right:
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
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Distribution
of Viruses: Intentional distributions of software that
attempts to and/or causes damage, harassment, or annoyance to
persons, data, and/or computer systems are prohibited. Such
an offense will result in the immediate termination of the offending
account.
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Inappropriate
Use of Software: Use of software or any device that
would facilitate a continued connection, i.e. pinging, while
using WebSouls services could result in suspension service.
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Third
Party Accountability: WebSouls subscribers will be
held responsible and accountable for any activity by third parties,
using their account that violates guidelines created within
the Acceptable Use Policy.
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Violation
Of WebSouls Virtual Accounts: It is absolutely forbidden
to host pornographic content or IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting this material
would be subject to immediate cancellation without refund.
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Payments
: Customer will be responsible for charges as per rate
schedule associated with registration of domain name in advance
including but not limited to all costs for moving or transferring
such domain name. WebSouls have the right to change the charges
without any notice to the customer, which would be applicable
for renewal of the registration.
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Renewal
: Customer
shall be notified when renewal fees are due. Should these
charges go n unpaid within stipulated period in the second
notice/ reminder regarding renewal, the registration will
be cancelled, and WebSouls will not be responsible if the
domain is registered by any other person, after the expiry
of registration term.
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Warranty
Disclaimer : Customer acknowledges and agrees that
WebSouls exercise no control over, and accepts no responsibility
for the contents of information hosted on domain or information
passing through WebSouls host computers, network hubs and points
of presence, the WebSouls network or the internet, neither
WebSouls, its employees, affiliates, agents, distributors,
suppliers, third party information providers, merchants, licensors
nor the like make any warranties of any kind, either express
or implied, including, but no limited to, warranties of merchantability
or fitness for a particular purpose or non-infringement for
the services, neither WebSouls and its portfolio make any warranty
as to the results that may be obtained for the use of the services
or as to the accuracy, reliability or content of any merchandise
contained in or provided through the services, the WebSouls
is not liable for the content of either data transferred to
or from stored by customer or any of your customers via service(s)
provided by WebSouls. Further more WebSouls will not be responsible
for any kind of data, web, and information lost incurred due
to any reason, hosted at WebSouls Server. WebSouls assures
its customers to take due care in all respects.
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Indemnification
: Customer will indemnify, defend and hold harmless
WebSouls and its employees, directors and agents, collectively
indemnified parties form and against any and all claims, damages,
losses, liabilities, suits, actions, demands, proceedings or
filed by a third party against any of the indemnified parties
arising out of or relating to the use of the services.
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Force
Majeure : WebSouls will not be liable for failure
or delay in performing its obligations here under if it is beyond
its reasonable control, including, without limitation, acts
of any governmental body, war, natural disaster insurrection,
sabotage, embargo, fire, flood, strike or other disturbance,
interruption of or delay in transportation, unavailability of
interruption or delay in telecommunication or third party services
including DNS propagation, failure of third party software or
hardware or inability to obtain raw materials, our power used
in or equipment needed for provision of the services.
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Bandwidth
: Customer agrees not to use excessive amounts of CPU
processing on any of WebSouls server. Any violation of this
policy may result in corrective action by WebSouls in its sole
direction, including assessment of additional charges, suspension
or disconnection of any and all services, or termination of
this agreement. In the event that WebSouls elect to take any
corrective action, Customer shall not be entitled to a refund
of any amount paid in advance prior to such corrective action.
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Acceptance
Of Services : Acceptance of this agreement by WebSouls
may be subject, in WebSouls absolute discretion, to satisfactory
completion of a credit check. Activation of service shall indicate
WebSouls acceptance of this agreement. Customer represents
and warrants that to have full authority and right into this
agreement and that there are no conflicting claims relating
to the rights granted by this agreement.
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Change
of Plans/ Increase in Hosting Quota : For further increase
in hosting space the formal contract will be rendered inactive
and new will be signed thereof as per space acquired and the
charges recurring during that set period of time.
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Cancellation
Policy : If customer cancels this agreement prior to
the end of the term specified in order form, WebSouls, shall
not refund fees paid in advance of such cancellation. Customer
will be required to pay 100 % of WebSouls standard yearly charges
of the term. For security, all cancellation request must be
made by the primary contact person on the account who must provide
sufficient customer identification information. Any such request
shall be effective upon receipt. Any cancellation shall not
relieve the customer of any obligations to pay fees accrued
prior to such cancellation.
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Regulatory
: Where applicable, either party may cancel the service
agreement(s) without penalty in the event of any regulatory
or legislative change or Govt. policy that renders the service
agreement illegal or enforceable. Customer will remain obligated
to pay any amount that has occurred at the time of such cancellation.
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Liability
and Other Services : Treat WebSouls scratch card number
and all other access codes/ passwords where applicable as confidential
and non transferable. WebSouls reserve the right to de-activate
card codes without any intimation if in WebSouls sole direction,
fraudulent use is suspected. If Customer changes email addresses,
it is his responsibility to notify WebSouls immediately of
such change(s).
Security
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You are responsible
for any misuse of your account, even if a friend, family member,
guest or employee committed the inappropriate activity. 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 security of another account or attempt to gain unauthorized
access to another network or server.
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Your password
provides access to your account. It is your responsibility to
keep your password secure.
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Sharing your password
and account access with unauthorized users is prohibited. You
should take care to prevent others from using your account since
you will be held responsible for such use.
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Attempting to
obtain another user's account password is strictly prohibited,
and may result in termination of service.
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You must adopt
adequate security measures to prevent or minimize unauthorized
use of your account.
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You may not attempt
to circumvent user authentication or security of any host, network
or account. This includes, but is not limited to, accessing
data not intended for you, logging into or making use of a server
or account you are not expressly authorized to access, or probing
the security of other networks. Use or distribution of tools
designed for compromising security is prohibited. Examples of
these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
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You may not attempt
to interfere with service to any user, host or network ("denial
of service attacks"). This includes, but is not limited
to, "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
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Users who violate
systems or network security may incur criminal or civil liability.
WebSouls 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.
Network Performance
WebSouls accounts operate on shared
resources. Excessive use or abuse of these shared network resources
by one customer may have a negative impact on all other customers.
Misuse of network resources in a manner that impairs network performance
is prohibited by this policy and may result in termination of
your account.
You are prohibited from excessive consumption
of resources, including CPU time, memory, and disk space and session
time. You may not use resource-intensive programs that negatively
impact other customers or the performances of WebSouls systems
or networks. WebSouls reserves the right to terminate or limit
such activities.
REPORTING VIOLATIONS OF WebSouls
WebSouls requests that anyone who
believes that there is a violation of this policy direct the information
to the legal@websouls.com
if available, please provide the following
information:
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The IP address
used to commit the alleged violation
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The date and time
of the alleged violation, including the time zone or offset
from GMT
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Evidence of the
alleged violation
E-mail with full header information
provides all of the above, as do system log files. Other situations
will require different methods of providing the above information.
WebSouls may take any one or more of the following actions in
response to complaints:
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Issue written or
verbal warnings
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Suspend the Member's
newsgroup posting privileges
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Suspend the Member's
account
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Terminate the
Member's account
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Bill the Member
for administrative costs and/or reactivation charges
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Bring legal action
to enjoin violations and/or to collect damages, if any, cause
by violations
REVISIONS TO THIS ACCEPTABLE
USE POLICY
WebSouls reserves the right to revise,
amend, or modify, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our
TOS (Terms of Service).
Any violation
of above-mentioned policy by any means may result in terminating
your services without any prior notice in addition to other liabilities
that may arise from the violation.
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