Acceptable Usage Policy

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Acceptable Usage Policy

As a high-quality web hosting provider to thousands of customers, economicalhost 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 economicalhost's services, which will result in suspension, or termination of the customer's account.

Affronts to Etiquette

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 economicalhost 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 $3000 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@economicalhost.com).

Bulk Mailing

We do not allow bulk mail to be sent from our mail servers and we do not support the automated sending of email (eg. web forms or transactional receipts). We consider bulk mail to be mail of identical or similar content sent to 5 or more addresses external to the Economicalhost network. This also includes the sending of the same or similar message more than 5 times to a single external email address (eg. a monitoring alert system). Breaking up mass mailings and sending them in smaller batches to intentionally avoid this restriction is also a violation of the AUP.

Repeated bulk mail attempts from the same user may result in the disabling of their mailbox. Extreme levels of abuse may result in the termination of email hosting services for the entire sending domain in accordance with our Acceptable Use Policy and Master Services Agreement
(http://www.Economicalhost.com/tos).

To remedy this issue, please inform your user that the sending of bulk mail through our regular email hosting service is not permitted regardless of the contents or recipient opt-in status. If your user is not sending these messages, their account is likely compromised and you should encourage them to choose stronger passwords which contain upper and lowercase letters, numbers and special characters. If the mailing was automated such as an alert system, web form, or other transactional type mail please note that we do not provide technical support for this use.

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. economicalhost 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, economicalhost will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law

Economicalhost's 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 Economicalhost.com or any of its associates, partners or proprietor.

Economicalhost 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 economicalhost's servers.

Abuse of Economicalhost's Server Resources

Running programs in the background on a economicalhost's server without economicalhost's 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 economicalhost's 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 usage ever exceeds ten percent (10%) of system resources, 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. economicalhost can set an additional domain name to be pointed to your site's IP address for Rs.5000 p.a setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account.

Resources are defined as bandwidth, memory and/or CPU processor utilization. Economicalhost.com offers a shared web hosting, Virtual Private Servers and Reseller Hosting service in which environment customers shares the resources with other customer’s which are hosted on the same host machine, therefore it is imperative that Economicalhost.com needs to control any excessive usage of resources by the customers so that they do not effect or disrupt the service quality of other customers who are on the same host machine and using the same resources. A website is considered using “Excessive amounts of resources” when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There can be numerous reasons that could cause or lead to such problems, including but not limited to: cgi scripts, PHP scripts, FTP, HTTP, Open Source Code etc. Any site that consumes over the account limit of bandwidth or CPU usage or Memory usage is considered an “excessive resource” user. In the event of excessive resource usage Economicalhost.com may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, Economicalhost.com may suspend that customer's account prior to notify that customer, Economicalhost.com may also contact the excessive usage Customer prior to taking any action if Economicalhost.com feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by Economicalhost.com is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and functioning of other clients websites on the same host machine. The client whom is using “excessive resources” may be asked to upgrade his/her package to one of our dedicated server packages or cloud server to reduce their excessive usage utilization in the future or incase they are using old and exploitable open source code or scripts which can be compromised then the clients are asked to update their scripts and till the time the scripts are updated economicalhost.com can restrict the access of its client and further restrict the visitors access to the  websites of its clients hosted on the said host machine to safe guard its business interest, network and other clients hosted on the same host machine whose accounts also become vulnerable due to working of such exploitable or load causing scripts. Economicalhost.com technicians will be the sole and final arbiter/decision makers to ascertain if the updated scripts are good and will not result in any further possible exploitation of the host machine. Economicalhost.com will be the sole and final arbiter as to what constitutes a violation of this policy. Further when we say guaranteed uptime [99.9% or 100% uptime] it means Network Uptime and not Server uptime as server uptime is dependent on various factors and we do not offer any uptime guarantee for servers.

Hacking/Cracking

Economicalhost 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@economicalhost.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 economicalhost'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 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 economicalhost to provide this knowledge or support outside matter specific to economicalhost's 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 free tech support to customers who walkin to our office as that will have an additional charge of Rs.5000 per hour but we do offer tech support through telephone calls and emails.
 

Backups

We stand no surety for the contents of the websites hosted on our servers by our clients or resellers clients. It is the sole responsibility of the client to maintain all the backups of the websites and No guarantees are made of any kind, either expressed or implied, as to the integrity of the backups if at all they are taken by us. Backups if made for any specific server 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 economicalhost, economicalhost 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, economicalhost will attempt to recover the data from the most recent archive for a Rs.2500/- fee.

IP numbers

Economicalhost 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. Further clients need to ensure that though we offer IP's at times with some hosting packages but they need to use the access given by us only through domain names.

Renewal of Domains.

We do not 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 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. If the client has paid and Incyber Media & Technologies did not get the domain renewed due to any reason whatsoever then the maximum liability Incyber Media & Technologies has is to refund the amount paid by the client to Incyber Media & Technologies for the renewal of said domain which did not got renewed. It is the clients responsibility to check after making payment that his domain is renewed and incase any such incidence happen where Incyber Media & Technologies is unable to get the domain renewed for the desired period and the said domain lapse then the maximum liability on Incyber Media & Technologies will be to refund the entire amount paid by the client towards the renewal of the said domain and nothing more than the actual payment received for the renewal of domain in question.

* 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 Economicalhost.com / Incyber Media & Technologies or any of its associates,employees, members, channel partner and Proprietor.
 

Storage and Plan Limits

Please take note that all Shared Web Hosting plans using word press, forums, CMS or any open source code/ proprietary code/clients own scripts etc, which offer unlimited web space, are over all subject to a limit of anything not more than 250,000 inodes per account package for Linux web hosting and 500,000 files and folders per shared hosting account for Windows shared web hosting accounts. These shared hosting plans have a limit to anything not more than 1,000 tables per database and not more than the storage space per database as specified in the plans. Any shared hosting account or corresponding database which exceeds the subjected limits may be issued a violation of AUP warning and thus will be required to reduce the number of inodes, files and folders, tables or gigabytes (depending upon the merits of the case ). Incyber Media and Technologies may suspend the website without any warning if they come to a conclusion at their sole discretion that said website is detrimental to the operation of the host server and other clients hosted on the same host machine may get affected due to the operation of the faltering website. Incase a notice is issued through mail or verbally and Incyber Media and Technologies does not hear from the client within 24 hours or less then the said website may be temporarily or permanently suspended, at the sole discretion of Incyber Media and Technologies.  All web hosting plans are subject to the limitations of using no more than
i) 25% usage of 1 CPU core;
ii) 512 MB of RAM;
iii) Maximum 25-100 web server and db random connections depending upon the shared hosting package.
iv) 99 active processes;
v) 1 MB/s disk IO. 
In any scenario if the predefined limits are exceeded, than Incyber Media and Technologies will have the sole rights to decide whether to retain or leave the client whose site was the cause of concern. 

Website/Server Content 

It is the clients responsibility to ensure that his website should not include any of the following content:
(a) Scripts which are used for image hosting that allows any anonymous user to upload images for display on another website (Example: Photobucket or Tinypic);
(b) No Ad network or banner ad services should be running on our clients website which results in displaying banners on other websites or devices (commercial/free banner ad rotation);
(c) No file dump/mirror scripts would be allowed to run or hosted on our servers that allows any anonymous user to upload files for others to download (similar to rapidshare or drop box);
(d) No Commercial Audio Streaming will be allowed except for one or two streams that maybe allowed which provide back ground music to the clients website, that too at the sole description of Incyber Media and Technologies
(e) No push button mail scripts will be allowed that allow users to specify only recipient email addresses;
(f) Anonymous or Bulk SMS gateways are strictly prohibited;
(g) Our servers or shared hosting accounts cannot be used for backups of content from another computer or website.
(h) Bittorrent trackers are strictly prohibited; or
(i) Any kind of activity done by the client that causes a degradation in the performance of our server or network environment is a cause of concern and may result in temporary or permanent suspension of the clients website.
(j) All the websites hosted on our server should have files linked to each other or else the content will be considered alien to the website hosted on our servers.
(k) We do not host any pharmaceutical websites which sell drugs online or offline directly. Even if the client sells online in India only, he would be required to show us the license that he is authorized to sell drugs online or offline.

Unlimited Disk Space/Bandwidth/Website Plans

Shared Web Hosting plans and Word Press Blog Hosting plans are for personal use or SME's to host personal, small business and organization websites, and thus unlimited bandwidth and unlimited disk space is offered which means that we do not set an overall limit on the amount of bandwidth, websites or disk space one client may use in the operation of his website, provided he complies with our Acceptable Usage Policy. At the time of setup of the clients website we may put a limit to avoid misusage which can be increased on clients request when such limit is reached to 80% or more. In any event the bandwidth,number of websites or allocated disk space usage of any clients website is a cause of concern and is a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, then either the client will be required to upgrade to a VPS/Dedicated Server, or Incyber Media and Technologies may take any action to restrict the resource usage of the faltering client whose website is causing the problem.. In other words Incyber Media and Technologies may suspend the offending website without any warning if they come to a conclusion at their sole discretion that said website is detrimental to the operation of the host server and other clients hosted on the same host machine may get affected due to the operation of the faltering website hosted by any of our customer.

Limitation of Liability

Economicalhost/Incyber Media and Technologies shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from economicalhost's servers going off-line or being unavailable for any reason whatsoever. Further, economicalhost 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 economicalhost's servers. All damages shall be limited to the immediate termination of service.

Economicalhost/Incyber Media and Technologies shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Economicalhost/Incyber Media and Technologies reserves the right to terminate an account at any time and for any reason that causes harm to any economicalhost/Incyber Media and Technologies customer's web sites. Economicalhost/Incyber Media and Technologies reserves the right to delete all content and files upon termination. Economicalhost/Incyber Media and Technologies reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Economicalhost/Incyber Media and Technologies reserves the right to refuse, cancel, or suspend service at our sole discretion.

Economicalhost/Incyber Media and Technologies 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.

Termination.
1)  Incase of Dedicated Servers, Virtual Servers and Cloud Mail Server, Incyber Media and Technologies/Economicalhost.com may terminate or its customer may get his services terminated respectively by providing the other with written notice of intent to terminate (a “Termination Notice”). The customer must provide Incyber Media and Technologies/Economicalhost.com with written notice of his intent by opening a ticket at our help desk www.technicalsupport.co.in to terminate his account/services no less than thirty days prior to the renewal of any Service.

2)  Incyber Media and Technologies/Economicalhost.com may terminate or its customer may gets his services terminated by providing the other with written notice of a material breach. The written notice must contain sufficient facts from which the non-breach party may identify the alleged cause of the breach, and take steps to cure such a breach. Upon delivery of the notice of material breach, the party of alleged breach shall have ten calendar days during which the breach may be cured. If the material breach is incapable of cure, the non-breaching party may terminate its services immediately. Any sort of material breach will not bring any liability to Incyber Media and Technologies/Economicalhost.com more than the pro-rata refund of unused amount of the actual cost paid by the customer for a particular service related to which the breach has occurred. On the other hand if it is a material breach done by the customer then Incyber Media and Technologies/Economicalhost.com may follow the needed recourse to get any losses compensated which might have accrued due to such violation/breach.

3) Incyber Media and Technologies/Economicalhost.com may terminate any particular Service offered by it, immediately upon its customers violation of any of the policies incorporated into this Acceptable Usage Policy; it maybe due to abusive conduct of the customer, non payment of recurring due charges for the offered services, violation of any licenses with Third Parties; or customers bankruptcy etc.

4)  Upon termination of services offered by Incyber Media and Technologies/Economicalhost.com, customers data will be deleted. Any data if present on our backup servers will be overwritten. Incyber Media and Technologies/Economicalhost.com shall have no obligation whatsoever to provide data to our customers before or after the date on which their services expire as per our billing records.

5) If the Services are terminated based on customers failure to pay the Fees or due to a breach of any of our Acceptable Usage Policy, we may charge a reconnection fees from our customers.
 

Abusive Conduct.

1. Any abuse towards any Economicalhost.com/Incyber Media and Technologies employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When corresponding with Economicalhost.com/Incyber Media and Technologies refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Economicalhost.com/Incyber Media and Technologies or it's employees shall be considered a violation of this Acceptable usage Policy.

2. Any threat, whether verbally, orally, written, or delivered by client/second parties directed towards Economicalhost.com/Incyber Media and Technologies proprietor or any of it's employees, Managers, Consultants, equipment, and concerns shall be construed as a violation of this Acceptable usage Policy.

3. Any hosting services offered by us has to used only through the domain name. For security reasons, we will not allow direct connections to the IP address. Within 24 hours of buying web space from us the client needs to point the domain to the IP address offered by us for hosting the website.

4. Any conduct viewed as violating this section shall be considered a violation of this Acceptable usage Policy. Economicalhost.com/Incyber Media and Technologies will be the sole arbitrator in regards to what is deemed a violation.

No refunds shall be given when the contents of this section necessitates removal of the account.
 

Execution of Order

An order will be executed only if it is supplemented with complete contact details including landline telephone number. Once a new customer signs up with us, then for once, he needs to provide a scanned copy of his Driving License/Passport/Voter ID Card/Aadhaar Card along with a document like scanned copy of a landline telephone number unless it is already mentioned on any of the above referred documents.
 

JURISDICTION IN CASE OF DISPUTES

In case of any disputes, the jurisdiction will be ONLY at Delhi Courts. Incyber Media and Technologies /Economicalhost 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 support@economicalhost.com All complaints will be investigated promptly.

If you have any questions at all regarding this AUP, please mail your queries to support@Economicalhost.com or open a ticket at http://technicalsupport.co.in.

Our Clients (Old and Existing Clients)