As a high-quality web hosting provider to thousands of customers,
HIMALAYAN IT GROUP values its good
reputation. Accordingly, it is important to us that our customers
use our services and the Internet in general, responsibly and
courteously. Most of our customers do so and seldom need to refer
to these AUPs. Nonetheless, the following constitute examples
of unacceptable uses of HIMALAYAN IT GROUP
services, which will result in suspension, or termination of the
customer's account.
Zero Percent Tolerance for Spamming
Unacceptable activities include spamming
(sending unsolicited advertising to those with which the customer
has no existing business relationship, posting off-topic advertising
in newsgroups); spoofing (using a return email address which is
not the valid reply address of the sender or sending an email
message which does not contain enough information to enable the
recipient to identify the party who is really sending the message;
passive spamming (promoting a web site hosted by HIMALAYAN
IT GROUP by spamming from some other
source), trolling (posting controversial messages in newsgroups
to generate responses), mailbombing (inundating a user with email
without any serious intent to correspond), generating a higher
volume of outgoing mail than a normal user (over 10% of available
system resources), and subscribing someone else to an electronic
mailing list without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter
or sent to a recipient who has not requested the message. Making
an email address available to the public does not constitute a
request to receive messages. Distribution of mass emailing programs
is also prohibited. All recipients on a mailing list must have
personally subscribed.
Mailing lists may not be used to distributed unsolicited email.
Any customer repeatedly "mailbombed" or that attracts
such behavior will be asked to leave and charged a sum of $300
equivalent as the same amount under the agreement with our datacenter
will be payable by us to them. If you are not sure if your actions
will be in violation, please ask first (abuse@himalayanitgroup.com).
Age
The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others
Examples of unacceptable activities in this regard include posting
private information about a person without their consent, infringing
intellectual property rights, defaming a person or business, and
knowingly making available code which will have a deleterious
effect on third party computers. HIMALAYAN
IT GROUP supports free speech on the Internet, and will
not suspend or cancel a customer's account simply because it disagrees
with the views expressed by the customer. Where there are allegations
that a customer's on-line activity has violated the legal rights
of a third party, HIMALAYAN IT GROUP
will not substitute itself for a court of law in deciding tort
claims raised by the third party.
Abuse of the law
HIMALAYAN IT GROUP services may be
used for lawful purposes only. Illegality includes but is not
limited to: drug dealing; attempting without authorization to
access a computer system; pirating (distributing copyrighted material
in violation of copyright law, specifically MP3s, MPEG's,ROMs,
and ROM emulators); gambling; schemes to defraud; trafficking
in obscene material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent with intent
to annoy, abuse, threaten, or harass another person; threatening
bodily harm or damage to individuals or groups; violating U.S.
export restrictions; stalking; or violating other state or federal
law such as the Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, or the Economic Espionage Act. Linking to
illegal material is also prohibited. Anything violating Indian
Law will be considered as abuse of our services and the person
indulging in the same will be considered totally liable for his
acts. On finding this we will disctoniue the services immediatley
and inform the same to the Law inforcement agencies to take care
of the situation. This will not arising any liablity on HIMALAYAN
IT GROUP or any of its associates,
partners or proprietor.
HIMALAYAN IT GROUP
reserves the right to check system files, email, and other data
on our servers for illegal content and materials, or for any other
reasons deemed necessary.
Pornography
Pornography and sex-related merchandising,
or links to such material, even if legal, is not an acceptable
use of HIMALAYAN IT GROUP
servers.
Abuse of Himalayan IT GroupServer Resources
Running programs in the background on a HIMALAYAN
IT GROUP server without HIMALAYAN
IT GROUP prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, Greeting
Cards sites, software downloading sites, more then 1000 emails
a day and the like are not acceptable uses of HIMALAYAN
IT GROUP servers. Further,
any usage of ten percent (10%) or more of our system resources
is an undue burden on our system and is unacceptable. If your
server space usage ever exceeds ten percent (10%) of alloted space,
your account may be terminated immediately and without prior notice.
In addition any domain that exceeds ten gigabytes of bandwidth
traffic can be terminated without prior notice. HIMALAYAN
IT GROUP can set an additional domain
name to be pointed to your site's IP address for Rs.1100 p.a setup
fee. Usage of scripts or other utilities to direct pointed domain
names to subdirectories is not permitted and is grounds for termina
tion of the account.
Hacking/ Cracking
HIMALAYAN IT GROUP
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@himalayanitgroup.com.
Server broadcast messages or any message sent on an intrusive
basis to any directly orindirectly 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.
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 HIMALAYAN
IT GROUP 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 web space 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 HIMALAYAN
IT GROUP to provide this knowledge
or support outside matter specific to HIMALAYAN
IT GROUP servers.
Support will only be provided to the Company placing the
order on us, we shall not support customers of resellers to whom
the space is further resold by the reseller.
We donot offer tech support to customers who walkin to our office
as that will have an additional charge of Rs.1000 per hour but
we do offer tech support through telephone calls and emails.
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 HIMALAYAN
IT GROUP, HIMALAYAN
IT GROUP 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, HIMALAYAN
IT GROUP will attempt to recover
the data from the most recent archive for a Rs.2500/- fee.
IP Numbers
HIMALAYAN IT GROUP
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.
Renewal of Domains
We donot send any intimation or notices about domain name renewals
except the notices for the expiry of the webspace. 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 30 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. But, if the domain is hosted at HIMALAYAN
IT GROUP, email will be sent to the
official id of the client and he will be intimated by telephone
ONLY ONCE and after that no reminder will be sent. The Domain
will not be renewed under any circumstances after the 30 days
prior to the expiry of the domain has lapsed i.e. client has to
pay for the renewal 30 days in advance. If the circumstances still
persists for renewal additional charge of Rs.500/- will be levied
for the services apart from the domain renewal cost.
Any facilities/features offered by the registrar with domain
booking are beyond our control and thus we cannot give any surety
of their operations except that you will definitely "get" a control
panel to manage your domain passwords and change any information
related to Registrant,administrative,technical and billing contact
in real time.As registrars have their own servers so any support
related to the domains have to be directly taken from the registrar
tech support staff members. We offer no guarantee at all related
to addon features with the domain names and any queries related
to the same must be send to the registrar only.
Applicability of Invoice
Invoice will be applicable on the availability of domain name
at the time of Booking and incase we have raised the invoice prior
to the booking of domain and the same domain is booked by some
one else before we have initiated the registration process on
or after the date of the invoice / on or within the billing duration
dates, the said invoice will stand cancelled and bring no liability
on HIMALAYAN IT GROUP / Incyber
Advertising Incorporation or any of its associates,employees,
members, channel partner and Proprietor.
Limitation of Liability
HIMALAYAN IT GROUP shall not be
responsible for any claimed damages, including incidental and
consequential damages, which may arise from HIMALAYAN
IT GROUP servers going off-line or being unavailable for
any reason whatsoever. Further, HIMALAYAN
IT GROUP shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from
the corruption or deletion of any web site/database from one of
HIMALAYAN IT GROUP servers. All
damages shall be limited to the immediate termination of service.
HIMALAYAN IT GROUP shall be the
sole arbiter of what is and is not a violation of these acceptable
use policies. HIMALAYAN IT GROUP
reserves the right to terminate an account at any time and for
any reason that causes harm to any HIMALAYAN
IT GROUP customer's web sites. HIMALAYAN
IT GROUP reserves the right to delete all content and files
upon termination. HIMALAYAN IT GROUP
reserves the right to withhold any pre-paid funds for any site
removed for violations of these policies. HIMALAYAN
IT GROUP reserves the right to refuse, cancel, or suspend
service at our sole discretion.
HIMALAYAN IT GROUP 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.
Jurisdiction in case of disputes
In case of any disputes, the jurisdiction will be ONLY at Delhi
Courts.
HIMALAYAN IT GROUP 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.
Violations of these Acceptable Uses Policies should be referred
to abuse@himalayanitgroup.com
All complaints will be investigated promptly.
