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Web & Email Hosting TOS

LINUX/WINDOWS HOSTING & EMAIL HOSTING SERVICE AGREEMENT

This TOS extends the General Terms & Conditions under the Master Agreement

Computer solutions (ctsindia.com), provides Internet World Wide Web page hosting and e-mail services. Computer Solutions has certain legal and ethical responsibilities regarding the use of its hosting space sold to customers.

Computer Solutions' general policy is to act as a neutral provider of access to the global Internet and has specific ethical concerns regarding the use of its hosting space as detailed below. Computer Solutions reserves the right to suspend or cancel a customer's access to any or all services provided by Computer Solutions when Computer Solutions decides that the account has been inappropriately used.

While certain attributes of the Hosting plan may consist of unlimited resources, Customer recognises that the Hosting plan is a shared hosting service, and that Computer Solutions has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting plan at any given time without notice in order to prevent degradation of its services, or in case of any breach or violation or threatened breach or violation of this Agreement, or in case Computer Solutions learns of a possibility of breach or violation of this Agreement which Computer Solutions in its sole discretion determines to be appropriate, or to protect the integrity and stability of the hosting servers, or to avoid any liability, civil or criminal, or for any other appropriate reason. The Customer agrees that Computer Solutions or any of its contractors, employees, directors, officers, representatives, agents and affiliates, are not liable for loss or damages that may result from any of the above.


SPECIFIC ACCEPTABLE USE POLICIES

Unauthorized use of other people's Accounts or Computers

Computer Solutions will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc.

Any unauthorized use of accounts or computers by a Computer Solutions customer, whether or not the attacked account or computer belongs to Computer Solutions, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.


Adult Content

Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content of any kind or provide links to adult content elsewhere. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.


Child Pornography

The use of Computer Solutions' services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Computer Solutions is required by law, and will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.


Usage of Server Resources

The Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of Computer Solutions servers. Any violation of this policy may result in corrective action by Computer Solutions, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Computer Solutions sole and absolute discretion. If Computer Solutions takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.


Users may not initiate the following:

  1. Use 25% or more of system resources for longer then 90 seconds. The system resources include but is not limited to Memory, CPU, Disk, Network, and Bandwidth capacity. There are numerous activities that could cause such problems - these include: CGI scripts, FTP, PHP, HTTP, etc.
  2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  3. Run long-running, stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  4. Run any type of web spiders or indexers.
  5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  6. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
  7. Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
  8. Participate in any P2P or file-sharing networks.
  9. Run cron entries with intervals of less than 15 minutes.
  10. Store over 100,000 files.
  11. Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
  12. Use excessive resources which in Computer Solutions sole discretion result in damage or degradation of server performance and any of the services.
  13. Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion.

Not Allowed Scripts, Applications & Websites

We do not host any proxy servers (i.e. nph-proxy, cgi-proxy), IRC bots and any resource hungry applications on our Servers. A short list of not allowed scripts, applications and websites are - Topsites, IRC Scripts/Bots, Proxy Scripts/ Anonymizers, Pirated Software/ Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/ PTC/ PTS/ PPC sites, IP Scanners, Bruteforce Programs/ Scripts/ Applications, Mail Bombers/ Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/ Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/ Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/ Linden Exchange, Ponzi, MLM/ Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/ RPGs/ PPBGs, Hateful/ Racist/ Harassment oriented sites, Hacker focused sites/ archives/ programs, Sites promoting illegal activities, Forums and/ or websites that distribute or link to warez/ pirated/ illegal content, Bank Debentures/ Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.


Commercial Advertisements with Email

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Computer Solutions' customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a website hosted on a Computer Solutions server, and selling or distributing software (on a website residing on a Computer Solutions server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10,000 (US$200) and will face immediate suspension. Computer Solutions reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.


Email Limits

These limitations apply to ALL email accounts, mailing lists and anything else that you use to send email using your Computer Solutions account.

The limits have been introduced in order to clearly define what is permissible and to provide a stable platform for all users. These limits apply to each account. If you have more than 1 mailing list installed on the one account....

The combined total of all email received/sent via your account/mail lists must not exceed these figures:

A Maximum of 100 pieces of emails per hour per email account is permitted, which means that an email account can send/receive a maximum of 2400 emails in 24 hours.

A Maximum of 300 pieces of emails per hour per domain is permitted, which means that all email accounts put together within a domain can send/receive a combined total of 7200 emails in 24 hour period.

If your mailings exceed these limits, you are likely to receive the emails back into your inbox as undeliverable.

If your mailing list would / does exceed these limits, then you would need to outsource the list to a 3rd party provider or move to a VPS or dedicated hosting account.

Computer Solutions does not host sites that deal with mass email type services. Failing to observe the above limits will result in the mailing list software being disabled or having your account suspended.


Customer shall refrain from carrying out the following email activities:

Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.

Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.

Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.

Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.


Fraudulent Content

Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.


Abuse of Traffic and Storage

Computer Solutions customers are privileged to be offered high traffic and storage amount for their websites. The intention of Computer Solutions is to provide a large space to serve web documents, not an offsite storage area for electronic files. All web pages (html) must be 'linked' with all files (.gif, .jpeg, .exe, etc.) stored on Computer Solutions server. Web sites that are found to contain no html documents or a number of unlinked files are subject to warning, suspension or cancellation at the discretion of Computer Solutions management. Computer Solutions will not host music archive sites that violate any copyright laws in any file format. Any sites that are found to contain this content will be warned, suspended or cancelled at the discretion of Computer Solutions management.

Customer agrees to pay for additional generated transfer over his/her account limit. Customer shall be charged according to our current price list posted under the Hosting section of this website.


Backup of Data stored on our Servers

All Customers hosting their websites on our servers are strongly advised to take their own regular backups to protect their databases and website contents. While we do implement several measures to ensure that your data remains safe on our servers, hard disks can crash any time and hence it is advisable that you maintain your own backup mechanism in your web applications, so as to keep your data protected from such an eventuality. Computer Solutions will not be liable in case of such an eventuality.


Account Cancellation

All accounts are set-up on a pre-pay basis and all fees paid are non-refundable. Computer Solutions reserves the right to change the prices of any of its services at any time.


Lawful Purpose

Computer Solutions reserves the right to refuse service to anyone. Customers may only use Computer Solutions server for lawful purpose. Transmission/Display of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, creating a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication, etc. Customers are responsible to ensure that they do not use the hosting space for any activity or for displaying any content that is illegal.

Computer Solutions, at its own discretion, will cancel the account of any website hosted on our server that is found to be unlawful. No money will be refunded.


Indemnification

Customer agrees that it shall defend, indemnify, save and hold Computer Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against Computer Solutions, its agents, its affiliates, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Computer Solutions against liabilities arising out of:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Computer Solutions server;
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement; and
  4. any defective products sold to customer from Computer Solutions server.