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Acceptable
Use Policy (AUP)
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GreenIndia Technology provides Internet World Wide Web
page hosting, Marketing, and Development. GreenIndia Technology has certain
legal and ethical responsibilities consisting with the use of its server and
equipment involved in these services.
GreenIndia Technology general policy is to act as a
provider of Internet presence. GreenIndia Technology reserves the right to
suspend or cancel a customer's access to any or all services provided by
GreenIndia Technology when we decide that the account has been inappropriately
used.
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Server
Abuse
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Any attempt to undermine or cause harm to a server, or
customer, of GreenIndia Technology is strictly prohibited.
Unauthorized use of other people's accounts or
computers GreenIndia Technology will strongly react to any use or attempted use
of an Internet account or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a
GreenIndia Technology customer, whether or not the attacked account or computer
belongs to GreenIndia Technology, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation, and
civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - GreenIndia Technology LLC has the
right to discontinue service, or deny access to anyone who violates our
Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR
NOTICE. No refunds of fees paid will be made if account termination is due to
violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared
servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup spamming, pornographic content, illegal
content, copyright infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined by GreenIndia
Technology to be unacceptable use of GreenIndia Technology's services including
abuse of server resources.
Shared hosting accounts may be terminated that include
the following content or which have links to the following content: Providing
material that is grossly offensive to the Web community including blatant
expressions of bigotry, racism, hatred, or profanity Promoting or providing
instructional information about illegal activities, or promoting physical harm
or injury against any group or individual Displaying material containing
obscene nudity or pornographic material (not applicable to managed dedicated
servers) Displaying material that exploits children under 18 years of age Acts
of copyright infringement including offering pirated computer programs or links
to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities
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Abuse
of Unlimited Traffic
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GreenIndia Technology's customers are privileged to be
offered unlimited traffic for their web sites. The intention of GreenIndia
Technology is to provide a large space to serve web documents, not an off site
storage area for electronic files. All (90%) of your web pages (html) must be
'linked' with files (.GIF, .JPEG, etc.) stored on GreenIndia Technology's
server. Web sites that are found to contain either/or no html documents, a
large number of unlinked files are subject to warning, suspension or
cancellation at the discretion of GreenIndia Technology management. Any
customer who violates GreenIndia Technology's Policies in abusing either
space/site transfer will be notified and given 2 days to remedy the problem. If
the problem is not resolved within the allotted period, the client will be
billed for the overages.
For those that do not qualify for the unlimited
service, traffic will go unmonitored until you reach the amount of quote
allocated to your specific web hosting plan. Thereafter, normal data transfer
cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay
for bandwidth overages, you will be billed $5.00/1GB/month.
You will have 3 days to pay for your overages. If you
do not pay for your overages your site will be disabled within 3 days of your
first notice. This does not apply to co-location clients. Co-location clients
will be billed for the overages based on switch reports. Co-location clients
must pay for the overages IMMEDIATELY once billing or GreenIndia Technology has
the sole decision to deactivate any and all servers.
GreenIndia Technology will be the sole arbiter as to
what constitutes a violation of this provision.
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Unsolicited
Email (Spam)
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Unsolicited commercial advertisements (spam) are not
allowed in e-mail, and will likely result in account cancellation.
GreenIndia Technology takes a zero-tolerance approach
to spam originating from our servers or for spam advertising of domains hosted
on our servers. We will charge the compromised account up to $25 per
unsolicited email message sent.
The following activities are not allowed: Unsolicited
bulk or commercial messages ("spam"). This includes, but is not limited to,
bulk mailing of commercial advertising, informational announcements, charity
requests, petitions for signatures, and political or religious tracts. Such
messages may only be sent to those who have explicitly requested it from your
domain. Forging, altering or removing electronic mail headers is prohibited.
Any domain sending stealth spam will be terminated without warning and without
refund. Sending numerous copies of the same or substantially similar message
with the intent to disrupt a server or account ("mail bombing"). Spamming
Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion
groups and on most e-mail mailing lists. Inappropriate posting may result in
account cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical and will be treated
as such. Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of messages, is
prohibited. Sending a single unwelcome message may be considered harassment. If
a recipient asks to stop receiving e-mail, you must not send that person any
further messages.
Note: If you use the services of another provider to
promote a web site hosted by or through GreenIndia Technology (spamvertising),
then the provisions of the above Policy shall apply as if the spam were sent
through our servers.
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100%
Uptime Guarantee
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(1.) Coverage This 100% uptime guarantee applies to
any GreenIndia Technology client in good financial standing with GreenIndia
Technology at the time of a service outage.
(2.) Service Level Agreement & Specifications
GreenIndia Technology endeavors to have the content of your web site available
for http access by any party in the world 100% of the time. Network downtime
(unavailability) is defined as 100% packet loss from GreenIndia Technology to
its backbone providers. Downtime is measured past 10 minutes after notification
of network failure via GreenIndia Technology's online ticketing system. If the
ticketing system itself is unreachable, the ticket must be started by calling
the GreenIndia Technology NOC. GreenIndia Technology's administrators will
determine the end of the downtime by a traceroute to the customer's machine
from outside the GreenIndia Technology network.
(3.) Credits
a. Shared Hosting - In the event that your web site is
not available for less than 100%, GreenIndia Technology will credit the
following month's service fee as follows. For any shared hosting client, such
credit shall be retroactive and shall be as calculated below and as measured 24
hours a day in a calendar month, with the maximum credit not to exceed fifty
(50) percent of the monthly service charge for the affected month. Monthly
Uptime Credit:
* 95% to 99.9% your account will be credited
10% of your monthly hosting fee
* 90% to 94.9% your account will be credited
20% of your monthly hosting fee
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89.9% or below your account will be credited 50% of your monthly hosting fee
b. Managed Dedicated Servers - For managed dedicated
server customers if the uptime is between 98.9% and 99.9% for any particular
month the credit shall be retroactive and equivalent to the difference between
the guaranteed level of availability of the customer's services during the
month and the calculated actual level of availability of the customer's
services, multiplied by the actual charges incurred by the customer for the
services during that month period. In addition, for managed dedicated server,
customers may be entitled to additional credits as calculated below and as
measured 24-hours a day in a calendar month, with the maximum credit not to
exceed twenty-five percent (25%) of the monthly service charge for the affected
month. Minutes of continuous downtime Credit 60 10% 5+ 60 minute intervals 25%
In order for you to receive a credit on your account,
you must request such credit within seven (7) days after you experienced the
down time. You must request credit by sending an electronic mail message to
greenindiatech@gmail.com. For security, the body of this message must contain
your account number, the dates and times of the unavailability of your website,
and such other customer identification requested by GreenIndia Technology.
Credits will usually be applied within sixty (60) days of your credit request.
Credit to your account shall be your sole and exclusive remedy in the event of
an outage.
(4.) Restrictions Credits shall not be provided to you
in the event that you have any outage resulting from (1.) scheduled maintenance
as posted from time to time at GreenIndia Technology, (2.) your behavior or the
performance or failure of your equipment, facilities or applications, or (3.)
circumstances beyond GreenIndia Technology's reasonable control, including,
without limitation, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or delay in
telecommunications or third party services, including DNS propagation, domain
name registration / transfer, failure of third party software or hardware or
inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of your web site, or (4.) a client breaking any item in
GreenIndia Technology's "terms of conditions and acceptable use policy" causing
a machine to fail as a result.
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CGI
Scripts
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Each shared web hosting account comes with its own
cgi-bin. You are free to use any CGI scripts you wish, however we reserve the
right to disable any CGI script that effects normal shared server operation
without prior warning. (this section does not apply to managed dedicated
servers)
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Chat
Rooms
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We do not allow clients to install their own chat
rooms within a shared hosting account, without approving it with the GreenIndia
Technology Support Team. Most chat rooms tend to be large system hogs and we
cannot allow it as an account option. However, we do provide a choice of Java
chat rooms for a small extra charge that will more than fill your needs and run
without hindering the performance of the machine for others. Note: Parachat
chat rooms do not apply to this rule. They are perfectly fine to install.
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Abuse
of SMTP Mail Server
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We do not allow clients to send more than 2000 pieces
of e-mail per day from a shared hosting account. If you do send more than 2000
pieces of e-mail per day, your account will be placed on hold for Network
Abuse. If you are sending legitimate e-mails and they total more than 2000 per
day your account will be moved to a special server that is specifically
designed to handle high volumes of e-mail. You will be charged $50.00/month in
addition to your regular hosting charges if your account is moved to this
server. Please contact greenindiatech@gmail.com to have your domain moved.
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Background
Running Programs
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We may allow programs to run continually in the
background. These are considered on a one-to-one basis and an extra charge will
be incurred based on system resources used and operational maintenance needed.
(this section does not apply to managed dedicated servers)
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IRC
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We currently do not allow IRC or IRC bots to be
operated on our servers. You can however, install IRC clients on managed
dedicated servers. IRC servers are not permitted on our network.
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Payment
Policies
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All accounts are set up on a pre-pay basis. Setup fees
are charged for all new accounts and major account changes and are
non-refundable. All pricing is guaranteed for the term of pre-payment.
GreenIndia Technology reserves the right to change prices at any time, unless
other terms have been agreed upon. Any account not brought current within a
week (7 days) of e-mail notice or exceeding this time frame in any way is
subject to suspension. The customer is responsible for all money owed on the
account from the time it was established to the time that the customer notifies
GreenIndia Technology at greenindiatech@gmail.com to request for termination of
services. All payment is in U.S. currency. GreenIndia Technology will bill each
client $50 per returned check, per wire transfer received and per credit card
chargeback received. All GreenIndia Technology accounts are setup on
anniversary billing cycles. Your particular billing cycle corresponds to the
contract length that was initially chosen at setup. Your account will
automatically re! new at this length. There is no fee to change to a shorter
billing cycle at the end of the current cycle. However, if you wish to change
to a shorter billing cycle, during a current cycle, there will be a $50.00 fee.
Please contact the billing department at greenindiatech@gmail.com should you
wish to change your anniversay billing cycle.
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Cancellation
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GreenIndia Technology reserves the right to cancel
service at any time. All fees paid in advance of cancellation will be pro-rated
and paid by GreenIndia Technology if GreenIndia Technology institutes it's
right of cancellation. Any violation of policies which results in extra costs
will be billed to the customer (i.e. transfer, space etc.)
All of GreenIndia Technology's web hosting plans are
backed by a 30 day money back guarantee. If you are not completely satisfied
with our services or support within the first 30 days of your contract, you
will be given a full refund of the contract amount excluding setup fees, domain
registration fees, addon/upgrade fees and overages. Setup fees are refundable
only if the account order is canceled prior to account activation. For all web
hosting clients who cancel, the full contract amount less any setup fees and
overages will be refunded if GreenIndia Technology is notified within the first
30 days following activation. No refund is available after the 30th day. This
policy does not apply to any additional services such as overages, referrer
logs, real audio/video, additional disk space, additional pop accounts, domain
registration fees etc. Due to security concerns, all account cancellations must
be done via our cancellation forms at greenindiatech@gmail.com . Phone or email
requests will not constitute a! cceptance of any cancellation. Refunds will be
made by company check or issued back to your credit card within 30 days of
receipt of cancellation.
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Intellectual
Property Rights
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Material accessible to you through GreenIndia
Technology's services may be subject to protection under the United States or
other copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the owner of such
rights, you must not use GreenIndia Technology or its servers and network in a
manner that would infringe, violate, dilute or misappropriate any such rights,
with respect to any material, which you access or receive through the
GreenIndia Technology network. If you use a domain name in connection with
GreenIndia Technology or similar service, you must not use that domain name in
violation of any trademark, service mark, or similar rights of any third party.
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Network
Security
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Customers may not use the GreenIndia Technology network
with an attempt 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 in search of weakness, or violation of any other organization's
security policy. Customers may not attempt to interfere or deny service to any
user, host, or network. This includes, but is not limited to, flooding, mail
bombing, or other deliberate attempts to overload or crash a host or network.
GreenIndia Technology will cooperate fully with investigations of violations of
systems or network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal violations.
Users who violate system or network security may incur criminal or civil
liability.
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Electronic
Commerce
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You will be solely responsible for the development,
operation and maintenance of your online store and products and all contents
and materials appearing online or on your products, including without
limitation (a) the accuracy and appropriateness of content and materials
appearing within the store or related to your products, (b) ensuring that the
content and materials appearing within the store or related to your products do
not violate or infringe upon the rights of any third party, and (c) ensuring
that the content and materials appearing within the store or related to your
products are not libelous or otherwise illegal. You will be solely responsible
for the final calculation and application of shipping and sales tax. You will
also be solely responsible for accepting, processing, and filling any customer
orders, and for handling any customer inquiries or complaints arising
therefrom.
You are also responsible for the security of any
customer credit card numbers and related customer information you may access as
a result of conducting electronic commerce transactions through your Web Site.
You will keep all such information confidential and will use the same degree of
care and security as you use with your confidential information.
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Static
/ Dynamic Content Caching
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You expressly (i) grant to GreenIndia Technology a
license to cache the entirety of your Web Site, including content supplied by
third parties, hosted by GreenIndia Technology under this Agreement and (ii)
agree that such caching is not an infringement of any of your intellectual
property rights or any third party's intellectual property rights.
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IP
Address Ownership
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GreenIndia Technology shall maintain and control
ownership of all IP numbers and addresses that may be assigned to you by
GreenIndia Technology and GreenIndia Technology reserves, in its sole
discretion, the right to change or remove any and all such IP numbers and
addresses.
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Domain
Name Registration
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Customer agrees to pay GreenIndia Technology prior to
the effectiveness of the desired domain name registration, the then-current
amounts set forth in the GreenIndia Technology price schedule for the initial
registration of the domain name and, should Customer choose to renew the
registration, subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if Customer's domain name
registration is suspended, cancelled or transferred prior to the end of
Customer's then current registration term. GreenIndia Technology reserves the
right to change fees, surcharges, renewal fees or to institute new fees at any
time, for any reason, at its sole discretion. Customer's requested domain name
will not be registered unless and until we receive actual payment of the
registration fee, and have confirmed Customer's registration in an email from
GreenIndia Technology to the email address indicated in Customer's registration
application. In the event of a chargeback by a credit card company (or similar
action! by another payment provider allowed by GreenIndia Technology) in
connection with the payments of the registration fee for Customer's domain name
registration, Customer agrees and acknowledges that the domain name
registration shall be transferred to GreenIndia Technology as the paying entity
for that registration to the registry and that we reserve all rights regarding
such domain name including, without limitation, the right to make the domain
name available to other parties for purchase. GreenIndia Technology will
reinstate Customer's domain name registration solely at GreenIndia Technology's
discretion, and subject to our receipt of the initial registration or renewal
fee and our then-current reinstatement fee.
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Lawful
Purpose
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GreenIndia Technology reserves the right to refuse
service to anyone. Customers may only use GreenIndia Technology server for
lawful purpose. Transmission of any material in violation of any Federal, State
or Local regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or obscene, and
material protected by trade secrets. The designation of any materials as such
described above is left entirely to the discretion of GreenIndia Technology
management. Regardless of the place of signing this agreement, the client
agrees that for purposes of venue this contract was entered into in Wilmington,
Delaware, and any dispute will be litigated or arbitrated in Wilmington,
Delaware. Defendants further waive all objections to venue and acknowledge that
venue in any such litigation will be held in Delaware courts. IN NO EVENT SHALL
GREENINDIA TECHNOLOGY'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
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Indemnification
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CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD GREENINDIA TECHNOLOGY HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST
GREENINDIA TECHNOLOGY, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT
MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE
PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS GREENINDIA TECHNOLOGY
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED
BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH GREENINDIA
TECHNOLOGY'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR
ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT
INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM GREENINDIA
TECHNOLOGY'S SERVER.
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Disclaimer
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GREENINDIA TECHNOLOGY WILL NOT BE RESPONSIBLE FOR ANY
DAMAGES YOUR BUSINESS MAY SUFFER. GREENINDIA TECHNOLOGY MAKES NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. GREENINDIA TECHNOLOGY
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG
DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY GREENINDIA TECHNOLOGY
AND ITS EMPLOYEES. GREENINDIA TECHNOLOGY RESERVES THE RIGHT TO REVISE ITS
POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF
GREENINDIA TECHNOLOGY MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY
TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
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Privacy
Statement
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GreenIndia Technology follows the strict guidelines of
our customer privacy statement. Please make sure you understand this statement
fully.
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