BookandHost.Com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.
This Acceptable Use Policy ("Policy") describes the proper and prohibited use of BookandHosts 's Shared Web Hosting services ("Services") as subscribed to per the Master Service Agreement. This Policy is designed as a guideline and is not exhaustive as such. The policy can be modified from time to time effective upon posting on BookandHost's web site.
The Services allow you to develop, publish, and display a web site, store data in a database, send and receive e-mail messages, maintain a bulletin board through which you can interact with the Internet users, and send and retrieve various information.
BookandHost does not monitor or censor the information you make available or collect through the use of the Services with the exception of systems and network resources monitoring. However, BookandHost will act upon Policy violations when such are discovered during regular monitoring processes or reported to BookandHost. BookandHost expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette.
As consideration for BookandHost's provision of Services, you agree to abide by the following provisions relating to the acceptable use of your BookandHost account.
Find below the Accepted Usage Policy for all Web Hosting Accounts with Bookandhost.com. As a Customer of Bookandhost.com it is essential that you comply with all the Terms mentioned in the below AUP.
1.0 Client agrees to use Bookandhost.com's services only for lawful purposes and in compliance with all applicable laws.
2.0 The following are UNACCEPTABLE uses of Bookandhost.com's services:
2.1 where Client uses Bookandhost.com's services and resources to engage in or solicit illegal activities, or to conduct any other activity that infringes the rights of Bookandhost.com or any other third party;
2.2 where the content includes any illegal content, such as but not limited to the following material, information, messages, data or images:
- those which are libelous or defamatory
- those which violate any privacy right
- those which threaten physical harm or property damage
- those which are obscene, pornographic, salacious, explicitly erotic or offensive; provided, that Bookandhost.com has the sole discretion to determine which material, information, messages, data or images in Bookandhost.com's network are obscene, pornographic, salacious, explicitly erotic or offensive
- those which violate applicable intellectual property laws or regulations, including but not limited to, the transmission of copyrighted material or trade secrets unless possessing the appropriate and necessary rights to do so, and the infringement of patents and trademarks
- those which violate any export, re-export or import laws and regulations of any jurisdiction from which Client's web site is transmitted or accessed
- hacker programs or archives, "warez", passwords or "cracks"
- internet relay chat servers ("IRCs") IRC bots
- any other content which Bookandhost.com in its sole discretion determines as illegal, unlawful, or otherwise inappropriate
2.3 where Client uses Bookandhost.com's services and resources to make foul or profane expressions, or to impersonate another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person;
2.4 where Client uses Bookandhost.com's services and resources to engage in practices which, if not outright illegal, are nevertheless considered unethical, such as, but not limited to:
- distributing chain letters
- "spamming", or e-mailing copies of a single message to many recipients
- "mailbombing", or sending large or multiple files or messages to a single recipient with malicious intent
- "trolling" or posting outrageous messages to generate numerous responses
- distributing "junk mail", or unsolicited mail of a business or commercial nature
- cross-posting articles to an excessive number of, or inappropriate, newsgroups
- subscribing a person to a mailing list without that person's consent
- posting information about a person without that person's consent or
- engaging in or promoting "pyramid schemes"
2.5 where Client uses Bookandhost.com's services and resources in a manner that interferes with or threatens to jeopardize Bookandhost.com's network or the use of the Service by any of Bookandhost.com's other customers; and
2.6 where Client uses Bookandhost.com's services and resources in an attempt to enter a secured computer system or network.
3.0 Remedies - In cases of unacceptable use, the following cumulative remedies are available to Bookandhost.com:
3.1 Remedies - Termination of Services - Bookandhost.com reserves the right, but not the responsibility, to refuse to provide hosting services using Bookandhost.com's network and/or to terminate the Clients Hosting Services immediately.
3.2 Regulatory Agencies - Bookandhost.com reserves the right, but not the duty, to report for appropriate action any illegal activity to any government or multilateral agency exercising regulatory functions. Bookandhost.com will cooperate with authorized investigation and enforcement agents in the course of any investigation of criminal activities.
3.3 Investigation - Bookandhost.com reserves the right, but not the responsibility, to review, edit, or otherwise investigate or alter user-produced data stored on or crossing Bookandhost.com's network in the process of investigating system malfunction, resource abuse, illegal activities, or breaches of this Agreement.
3.4 Temporary Removal - Upon any notice of alleged copyright infringement by a Client, Bookandhost.com shall have the right, but not the responsibility, to immediately remove the allegedly infringing content or disable Client's web site. Bookandhost.com will immediately notify Client if such action is taken. Bookandhost.com may reinstate Client's web site upon Bookandhost.com's receipt of a counter notice, but may choose not to reinstate repeat infringers' accounts.
3.5 Cumulative Remedies - The remedies in this section are cumulative to all other remedies available to Bookandhost.com under this Agreement.
3.6 Non Refundable Policy- Under any circumstances the payment for the domain names / hosting / services under bookandhost.com can not be reversed.
3.7 Domain Policy -
a. If your domain name is not renewed on time and if it has gone under redemption or any other third party has purchased the said domain Bookandhost.com does not hold any responsibilty for the same and there would be no liabilty from Bookandhost.com will be responsible for the same, in the said period if the domain is not available Bookandhost.com can either provide you an alternative domain name or refund the amount of domain which was paid for the renewal.
b. Bookandhost.com is just a reseller / registrar who uses the technology from the upstream providers to sell the domains / hosting services to its clients / resellers, if by any reason the services / domains fails to process on time then bookandhost.com would not be responsible for the failure of the system.
c. If any of the clients are being contacted through the spam database being sold outside for other services bookandhost.com does not take any responsibility for the loss of the services or domain(s).
d. From time to time we communicate with our clients / resellers for the renewal of the said services if by any technical reason the communication has got failed bookandhost.com would not be responsible for the same, client has to communicate back and inform us the status if its not met.
3.8 - Data Loss
a. If due to any phishing attack or hacking attempt the data from the server is lost bookandhost.com does not take the responsibilty of the backup data.
b. The data is whole and sole responsibilty of the client and its their duty to ensure the backup data is available with them, we would however keep it but if anything going wrong at the server end and failure to restore the data bookandhost.com would not be responsible for the same.
3.9 Server Downtime
a. Even though we ensure the uptime guarantee of the server, if by any reason like abuse or phishing the server goes down, we do not include that information in our uptime report.
b. During the downtime we will try to communicate with our upstream providers and try to get the issue resolved.
BookandHost reserves the right in its sole discretion to:
Revise this Acceptable Use Policy which shall be posted at BookandHost web site; and Remove any content for any reason, including but not limited to, your violation of any conditions of this Acceptable Use Policy.
BookandHost's right to remove inappropriate content under this Policy shall not place an obligation on BookandHost to monitor or exert editorial control over the content of your account.
You agree not to use or allow access to BookandHost services to:
1. Create or maintain software download or distribution sites or sites created for the purpose of mass distribution of software products. A software distribution site is defined as a site on which 50% or more of total bandwidth (data transfer) is used for programs or binary code downloads.
2. Create or maintain sites that generate system errors or exceptions that disrupt servers' performance or cause server-wide outages. This includes overriding or avoiding system settings and restrictions imposed by the terms of Services.
3. Create or maintain sites that consume thirty-five percent or more of CPU capacity or use two hundred megabytes of memory, both physical and virtual combined, on the hosting server.
4. Exceed allowed bandwidth by transferring amounts of data greater than allowed by the terms of purchased Service.
5. Violate any applicable laws, regulations, or other provisions having the force of law, either intentionally or unintentionally.
6. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
7. Employ misleading e-mail addresses or falsify information in any part of any communication.
8. Upload, transmit, disseminate, post, store or post links to any content that:
i. Prohibited from transmitting or posting by law, or by contractual or fiduciary relationship;
ii. Facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
iii. Falsifies origin by forging TCP/IP packet headers, e-mail headers, or any part of a message header, unauthorized monitoring of data or traffic;
iv. Interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host either deliberately or by negligence;
v. Infringes or contributes to any infringement of any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party;
vi. Is or may be considered unsolicited or unauthorized advertising, promotional materials, or any junk mail, spam, spamvertisements, make money fast schemes, chain letters, pyramid schemes, or any other form of solicitation;
vii. Contains viruses, worms, Trojan horses, time bombs, trap doors, or any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii. Is unlawful, harmful, threatening, abusive, harassing, tortious, unlawful, libelous, defamatory, vulgar, obscene, or invasive of privacy;
ix. Is of adult nature, pornographic, or harmful to minors;
x. Promotes illegal activity, including providing instructions for illegal activity, or transmitting, disseminating or offering fraudulent goods, services, schemes or promotions, or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services including use of credit card numbers.
xi. Exploits the images of children or discloses personally identifiable information belonging to children.
xii. During any problem with server like damage on server, like server crash, or server disruption or any disaster, during that case we would ensure the data what is stored on the server would be remained on it, intact as we are having the backup drives available at our backup location, so your data would not be disturbed by any means.
If Book and Host determines that you have violated the terms of this Acceptable Use Policy, that determination, made at BookandHost sole discretion, is grounds for immediate termination of your BookandHost account without notice or penalty to BookandHost.
Jurisdiction and governing law
The laws of India only and no other nation shall govern these terms. The Parties agree to submit to the exclusive jurisdiction of the Courts located in Visakhapatnam(Andhra Pradesh) India as regards any claims or matters arising under or in relation to these terms and conditions.
JAIN INFOTECH,
C-5, lll rd Floor, Pavan Towers,
1st lane Dwaraka Nagar,
Visakhapatnam-530 003[A.P]INDIA
