Acceptable Usage Policy

Posted in Company

 

Upon signing up of HostASP services, all customers agree to comply with AIM DOMAIN SOLUTIONS PVT LTD's Terms of Services.

The spirit of this policy is to ensure our customers are using HostASP services with due regard to the rights of other Internet users and in conformity with the requirements of HostASP network environment.

HostASP reserves the right to refuse service to anyone at any time. However, if HostASP should deem it necessary to initiate termination of services with you, HostASP specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall HostASP be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.

Website Content: Your content will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of HostASP's services, any material that is, in HostASP's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any cyber law act Govt. of India, local, state, federal, or international law and/or treaties.

In short, HostASP's services may only be used for lawful activities. HostASP does not allow connection to, or use of, any software or 'bots' for IRC or the reselling of 'shell accounts'. These are deemed as a high security risks and if found will result in account suspension or termination with no refunds under any circumstances.

Pornography: HostASP has a zero tolerance policy on pornography that violates cyber law act Govt. of India, local, state, federal, or any international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law.HostASP does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network.

HostASP reserves the right to deny service without cause for sites with adult content that we deem violates law. HostASP does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. HostASP specifically retains the right to make the final decision in any matter relating to site content.

If you wish to seek virtual or dedicated hosting services with HostASP and you are concerned about content, please send your concerns to our Sales team.

Network: Our servers were designed to give you full fidelity and the maximum freedom of administration and access to the Internet at the lowest cost available. Our network usage is open to all HostASP users. High Network traffic or throughput is not a problem at HostASP, but extreme network traffic or extreme uploading and downloading can create problems. Your maximum throughput allowed by your website is an estimate of your usage.

You are allowed to exceed your maximum usage without being shut off. You will be billed for the additional throughput on your next billing cycle. Please help HostASP plan for the future and popularity of your website. If you know in advance due to advertising, publicity, or general interest that your throughput will exceed 2 times the amount allowable by your plan, please contact us. This will ensure no downtime and maximum availability of your website at all times. We can upgrade you to another service plan or make other arrangements to save you money and to ensure your site is available at all times.

HostASP customers may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your virtual or dedicated server for resolution.

Mass Mailings/ SPAM mails: HostASP has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information.

This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the HostASPservers and/or network.

Violation of the above terms will result in one or all of the following:
# A warning from HostASP personnel by E-Mail or Telephone.
# Removal of DNS for the advertised/originating site
# Temporary shutdown of the website/server or a block on outgoing mail
# Permanent disconnection of service WITHOUT REFUND.

Repeat violation of the above terms will result in the following actions:
# Immediate disconnection of service with no re-activation
# A penalty fee assessed and charged to your account for violation.
# Absolutely NO REFUNDS for ANY REASON AT ALL.
# Any legal proceedings on victim that is applicable as per violation act applicable.
# Additional $50 USD fee charged to your account per E-Mail sent after notification.

If your actions have caused HostASP servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISPs and Web Hosting companies around the world, you will be assessed a $1000 USD charge to your account and $250 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you have further questions about our mass mailing policy, please email us.

If you want to report abuse by one of our users, please send us an e-mail. Click here to contact us

Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. Your own list servs in which customers have signed up for in the past, is a valid mailing list. If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail.

The final rule to all mailing lists is simple: if your customers begin to send spam complaints to HostASP about your e-mail, you will be bound to the terms of mass mailings listed above. If you have direct questions in reference to mailing lists, please send your question to us.

Password Protection: HostASP will turn over the administrative username and password for your account at the commencement of the contract. This username and password will be kept in your confidence throughout the contract term.

Copyright Infringement / Software Piracy: During the term of the hosting contract, HostASP grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

The location of third party software found in your home directory that violates Copyright law is prohibited. HostASP will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license. Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on HostASP servers. Violators will be terminated immediately and referred to law enforcement authorities.

IP Addresses: HostASP MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of HostASP or its network provider, are non-portable, and will be retained after service has ceased. HostASP does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by HostASP will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved. Administrative fees will be billed to your account the following business day.

Suspension: HostASP specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

SERVICE INTERRUPTIONS: Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. HostASP agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will HostASP be held liable for any financial or other damages due to such interruptions. In no event shall HostASP be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Governing Law and Forum: This Agreement shall be governed and interpreted according to Indian Cyber Laws enacted by the Govt. of India, states, federal, or any international law that is applicable. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of India. Customers address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which HostASP is awarded amounts due from Customer, HostASPshall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys fees), through trial and appeal. HostASP may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of Cyber Act, India.

LIMITATION OF LIABILITY: HostASPs liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to HostASP under this Agreement within one year preceding the date Customer contends its claim arose. In no event shallHostASP be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if HostASP has been advised of, or is aware of, the possibility of such damages.

DISCLAIMER OF WARRANTIES: HostASP specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by HostASP, or information on HostASPs web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligations. HostASP also reserves the right to change prices for no reason, and at any time.

Any violations of the above policies will result in immediate suspension of services and/or termination of your service.

By entering into a hosting contract with HostASP you agree to be bound by these policies, terms and conditions.

FURTHER TERMS OF USE OF THIS WEBSITE AND ITS CONTENT IS STATED AS FOLLOWS

The Term “AIM DOMAIN SOLUTIONS” shall mean The Company hosting the services. and the term “User” shall mean the User who is accessing and using the website HostASP.NET

The domain name or website HostASP is owned by AIM DOMAIN SOLUTIONS PVT LTD. All content available on this website including all the software, text, images, graphics, logos, audio and video used on this website is exclusive and proprietary material owned by AIM DOMAIN SOLUTIONS, Subsidiaries or Partners or 3rd Parties listed in this Website. Unauthorized use of these materials from website may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.

The Names, Logos and Images identifying Aim Domain Solutions, its Subsidiaries or Partners or 3rd Parties and their products and services listed in this website or other intellectual property of these owners are governed by copyright, design, service marks or trademarks laws. The intellectual property may not be used in any manner whatsoever without prior written consent from Aim Domain Solutions Pvt Ltd or Partners or 3rd Party.

Access to or use of our website HostASP, the User agrees to follow and be bound by following terms and conditions. These terms and conditions are subject to revision or modified at any time by company without any notice to the users:

No material from this website may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form or any manner without prior consent from AIM DOMAIN SOLUTIONS. AIM DOMAIN SOLUTIONS may terminate the access to the User to our website at any time for any reason. The provisions regarding disclaimer of warranty, accuracy of information and indemnification shall survive for such termination.

AIM DOMAIN SOLUTIONS makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, or statements or products made available on the website.

The website, and all content, materials, information, software, products and services provided on the website, are provided on an "as is" and "as available" basis.

AIM DOMAIN SOLUTIONS shall have no responsibility for any damage to user's computer system or loss of data that would have resulted from the download of any content, materials or information from the Website.

AIM DOMAIN SOLUTIONS may unilaterally change or discontinue any aspect of the Website at any time, including, its content or features.

AIM DOMAIN SOLUTIONS will not be liable for damages of any kind, including without limitation, direct, indirect, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the website, or any information provided on the website, or for any other reason whatsoever.

The user agrees to indemnify, defend and hold AIM DOMAIN SOLUTIONS harmless from and against all losses, expenses, damages and costs, judgement or any other loss relating to, arising out of misuse by the user of the content and services provided on the website.

The information contained in the website may have been obtained from sources believed to be reliable. AIM DOMAIN SOLUTIONS disclaims all such warranties as to the accuracy, completeness or adequacy of such information.

The website provides links to other Websites and access to content, products and services from Partners or third parties, including users, advertisers, affiliates and sponsors of the website. The user agrees that AIM DOMAIN SOLUTIONS is not responsible for the availability of, and content provided on, third party web Websites. The User is requested to peruse the policies posted by other web Websites regarding privacy and other topics before use. AIM DOMAIN SOLUTIONS is not responsible for third party content accessible through the website, including opinions, advice, statements and advertisements, and the User shall bear all risks associated with the use of such content. AIM DOMAIN SOLUTIONS not responsible for any loss or damage of any sort that the user may incur from dealing with any third party.

AIM DOMAIN SOLUTIONS makes no warranty that: (a) the website will meet your requirements; (b) the website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any services offered through the website will be accurate or reliable.

HostASP is owned and operated by AIM DOMAIN SOLUTIONS (P) LTD, Chennai, TN, India.