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The Internet is a voluntary association of users interested in and
willing to exchange information and data. At present, there is no
oversight group providing governance over the principles, policies, or
procedures for use of the Internet or the information and data accessed
via the Internet.
In order to facilitate their contractual relationship, the Customer
and Hyperdot Communication wish to define a working protocol of
principles and policies and establish operating guidelines and
acceptable standards of use of the Internet. Common sense is the best
guide as to what is considered acceptable use. To this end the parties
agree as follows:
Principles Governing Acceptable Use of the
Internet by the Customer
Responsibility and Respect - The Internet
is a network intended for use by mature, adult users (and by minors when
supervised by mature adults). The Customer recognizes this principle and
undertakes at all times to act with respect, courtesy, and
responsibility; giving due regard to the interests and rights of other
Internet user groups. This general guideline carries with it the
following specific responsibilities:
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Compliance with Laws - The Customer will
ensure that its use of the Internet complies with all applicable
federal, state, and local laws and regulations, including (but not
limited to) those principles of law which protect against compromise
of copyrights, trade secrets, proprietary information and other
intellectual property rights, libel or defamation of character,
invasion of privacy, tortuous interference, and export of technical or
military data to prohibited countries.
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Discretion and Judgment - The Customer
is expected to use discretion in the treatment and handling of
Internet information and data and to take particular care to insure
that adult information is not transmitted to juvenile users of the
Internet.
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Additional Domains - Additional domains
on an existing web site are to be used for the purpose of having more
than one way to find the same site, not for the purposes of sharing an
account among multiple sites. An additional domain may not be set up
to reference a subdirectory within an existing web hosting account
served by Hyperdot Communication or any other provider. Additional
domains are not to be used as a substitute for purchasing separate
accounts.
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Improper Uses - The Customer will avoid
violation of certain generally accepted guidelines on Internet usage,
such as:
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Using a non-existent e-mail return address on a commercial
solicitation
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Spamming (sending unsolicited advertising to numerous e-mail
addresses or newsgroups and/or generating a significantly higher
volume of outgoing e-mail than a normal user)
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Trolling (posting outrageous messages to generate numerous
responses)
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Mail-bombing (sending multiple messages without significant new
content to the same user)
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Subscribing someone else to a mailing list without that person's
permission
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Cross-posting articles to an excessive number of newsgroups
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Attempting without authorization to enter into a secured
computer system
Hyperdot Communication reserves the right to determine what
constitutes improper use.
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Domain Registration Fees - Hyperdot
Communication's service fees are separate from domain registration
fees. Hyperdot Communication currently charges $19.95 per
year for domain name registrations.
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Knowledge of the Internet - The Customer
agrees to obtain a basic knowledge of the Internet and its operating
principles and procedures.
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Misuse of System Resources - Customers
will not be allowed to use excessive amounts of CPU, memory, or other
resources on any Hyperdot Communication server. This includes, but is
not limited to, employing posts or programs which consume excessive
CPU time or storage space, permitting use of mail services, mail
forwarding capabilities, POP accounts, or auto-responders other than
for the customer's own account; or resale of access to CGI scripts
installed on Hyperdot Communication servers. Participating in this
kind of activity will result in immediate suspension
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Pornography - Due to legal and social
issues, Hyperdot Communication will not accept customers who publish
pornographic material. If an existing customer publishes pornographic
material, Hyperdot Communication may issue a warning and/or suspend
the account. In the event that an account is suspended due to
pornographic violations, fees paid will not be refunded.
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Refusal of Service - Hyperdot
Communication reserves the right to refuse or terminate service to
anyone for any reason.
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Security - The Customer is required to
protect the security of its Internet account and usage. The Customer's
password will be treated as private and confidential and will not be
disclosed to or shared with any third parties. Customers conducting
online commerce transactions through their web sites are responsible
for the security of all such transactions, and shall not hold Hyperdot
Communication, its agents, or employees liable for any incidental or
consequential damages arising from such transactions. Hyperdot
Communication recommends the use of SSL and PGP (or another
encryption/decryption tool), but does not provide any warranty or
guarantee for these products.
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Storage - Files on Hyperdot
Communication servers must be for web site purposes only. Storage of
unrelated files or use of Hyperdot Communication servers for the
backup of files is strictly prohibited.
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Suspension - Activity that results in an
account being suspended will result in loss of fees paid. No refunds
will be made. Damages caused by the account will result in financial
loss to the Customer. Any complaints arising as a result of client
activity will be obvious grounds for suspension.
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Validation of Information - The Customer
is responsible for validating the integrity of the information and
data it receives or transmits over the Internet.
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Hacking/Cracking
Hyperdot reserves the right to report illegal
activities to any and all regulatory, administrative, and/or
governmental authorities for prosecution.
The following examples of unacceptable
behavior are non-exclusive, and are provided for guidance purposes. If
you are unsure if your actions will be a violation of our policies
please contact abuse@go4Hyper.com.
Server broadcast messages or any message sent
on an intrusive basis to any directly or indirectly attached network
Attempt to circumvent any user authentication or security of host,
network, or account. Accessing data not intended for user. Probing the
security of any network. Spawning dozens of processes. Port scans,
ping floods, packet spoofing, forging router information, Denial of
Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs,
winnuke, land, teardrop. Promulgation of viruses. IRC bots such as
eggdrop or BitchX.
Any activity, whether or not the intrusion
results in the corruption or loss of data, will be investigated and
proper action taken. The presence of any of these programs, whether or
not run, will result in action against the user including suspension
or termination.
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Client Responsibility
The client is responsible for all activity
originating from the account unless proven to be a victim of outside
hacking or address forgery. The client is responsible for securing
their username/password. The client assumes responsibility for all
material on their site that may be put on by a third party (such as
the usage of Free For All links pages). Use of Hyperdot's service
requires a certain level of knowledge in the use of Internet
languages, protocols, and software. This level of knowledge varies
depending on the anticipated use and desired content of the webspace
by the client. The following examples are offered: Web Publishing:
requires knowledge of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image mapping, etc.
FrontPage web publishing: knowledge of the FrontPage tools as well as
Telnet and FTP understanding and capability. CGI-Scripts: requires a
knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell
scripts, permissions, etc. Mail: a use of mail clients to receive and
send mail, etc. The client agrees that he or she has the necessary
knowledge to create and maintain their web space. Client agrees that
it is not the responsibility of Hyperdot to provide this knowledge or
support outside matter specific to Hyperdot's servers.
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Backups
No guarantees are made of any kind, either
expressed or implied, as to the integrity of these backups. Backups
are made for server restoration purposes only. It is the clients'
responsibility to maintain local copies of their web content any
information. If loss of data occurs due to an error of Hyperdot,
Hyperdot will attempt to recover the data for no charge to the client
but does not guarantee its recovery. If data loss occurs due to
negligence of client in securing their account or by an action of the
client, Hyperdot will attempt to recover the data from the most recent
archive for a Rs.2500/- fee.
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IP Addresses
Hyperdot maintains control and any ownership of
any and all I.P. numbers and addresses that may be assigned to the
client and reserves in its sole discretion the right to change or
remove any and all IP numbers and addresses.
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Renewal of Domains.
We do not send any intimation or notices about
domain name renewals except the notices for the expiry of the web
space. Renewal notices for the domain comes directly from the
registrar and we stand no guarantee for any domain renewals unless the
client pays in advance 20 days prior to the expiry of the domain. In
simple words it is the clients onus to check when his domain is
expiring and unless he pays well in advance to renew the domain we
cannot assure of its renewal.
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Limitation of
Liability
Hyperdot shall not be
responsible for any claimed damages, including incidental and
consequential damages, which may arise from Hyperdot's servers going
off-line or being unavailable for any reason whatsoever. Further,
Hyperdot shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption or
deletion of any web site from one of Hyperdot's servers. All damages
shall be limited to the immediate termination of service.
Hyperdot shall be the sole arbiter of what is
and is not a violation of these acceptable use policies. Hyperdot
reserves the right to terminate an account at any time and for any
reason that causes harm to any Hyperdot customer's web sites. Hyperdot
reserves the right to delete all content and files upon termination.
Hyperdot reserves the right to withhold any pre-paid funds for any
site removed for violations of these policies. Hyperdot reserves the
right to refuse, cancel, or suspend service at our sole discretion.
Hyperdot
reserves all rights to change/modify/remove or add any of the prices,
server features, timely schemes, web sites/other information hosted by
any of the customers on our server which is defined as
illegal/unsolicited use of our server space or other facilities as and
when announced.
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JURISDICTION IN CASE OF DISPUTES
In case of any disputes, the jurisdiction will be ONLY at HUBLI
Courts.
Hyperdot reserves the right to change the
Acceptable Use Policy without prior notice or warning. Non-enforcement
of any part of the Acceptable Use Policy does not constitute consent.
Complaints about violators of Hyperdot Communication policies should
be referred to
Abuse@go4Hyper.com. Each complaint will be investigated and
appropriate action will be taken.
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