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Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services,
whether described in this section or otherwise, shall be investigated
promptly. If you are not sure if your actions will be an abuse,
violation or misuse, then please contact abuse@idshosting.com.
You are responsible for all use of your website, with or without
your knowledge or consent.
You agree to use the Services only for lawful purposes, in
compliance with all applicable laws. 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,
MPEGs, 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 export restrictions; stalking; or violating other
state or federal law, such as the IT Laws. Linking to illegal
material is also prohibited.
When idshosting.com becomes aware of possible
violations of this Agreement, idshosting.com may initiate an
investigation that may include gathering information from
you and the complaining party, if any, and examination of
material on idshosting.com's servers. idshosting.com, in its
sole discretion, will determine what action will be taken
in response to a violation on a case-by-case basis. Violations
of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE
TO WAIVE AND HOLD IDSHOSTING.COM HARMLESS FROM ANY CLAIMS
RELATING TO ANY ACTION TAKEN BY IDSHOSTING.COM AS PART OF
ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT
OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR
RECOVER ANY DAMAGES WHATSOEVER FROM IDSHOSTING.COM AS A RESULT
OF IDSHOSTING.COM'S DECISION TO: REMOVE MATERIAL FROM ITS
SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE
ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION
OR AS A RESULT OF IDSHOSTING.COM CONCLUSION THAT A VIOLATION
HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED
IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and programs)
may be downloaded or uploaded using the Services. You may
also re-distribute materials in the public domain. You assume
all risks regarding the determination of whether the material
is in the public domain.
You are prohibited from storing, distributing
or transmitting any unlawful material through the Services.
Examples of unlawful material include, but are not limited
to, threats of physical harm, child pornography, and copyrighted,
trademarked and other proprietary material used without proper
authorization. Pornography and sex-related merchandising,
or links to such material, even if legal, are not acceptable
uses of idshosting.com's servers. You may not post, upload
or otherwise distribute copyrighted material on idshosting.com's
servers without the consent of the copyright holder.
Unacceptable uses of website content also
include the presence of the following programs or the activities
associated with them, regardless of whether or not any actual
intrusion results in the corruption or loss of data: Server
broadcast messages or any message sent on an intrusive basis
to any directly or indirectly attached network; Attempts 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, and forging router
information; Denial of service attacks, sniffers, flooding,
spoofing, ping bombing, smurfs, winnuke, land and teardrop;
Promulgation of viruses; and IRC bots, such as eggdrop or
BitchX.
Idshosting.com supports free speech on
the Internet and will not suspend or cancel your account simply
because it disagrees with your views expressed at your website.
However, examples of unacceptable activities include posting
private information about a person without his or her consent,
defaming a person or business, and knowingly making available
code that will have a deleterious effect on third-party computers.
Where there are allegations that your on-line activity has
violated the legal rights of a third party, idshosting.com
will not substitute itself for a court of law in deciding
tort claims raised by the third party.
Email Use
Unacceptable affronts to netiquette and unacceptable activities
include, but are not limited to, the following: Spamming (sending
unsolicited advertising to those with which you have no existing
business relationship and posting off-topic advertising in
newsgroups); Spoofing (using a return email address that is
not the valid reply address of the sender or sending an email
message that does not contain enough information to enable
the recipient to identify you); Passive spamming (promoting
a website hosted by idshosting.com 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 or sending
large or multiple files to a user); Generating a higher volume
of outgoing mail than a normal user (over 10% of available
system resources); Propagating chain letters; 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 distribute unsolicited email.
If you are repeatedly mailbombed or attract such behavior,
the Services will be terminated.
You should not send email to any user
who does not wish to receive it, either at idshosting.com
or elsewhere. Idshosting.com recognizes that email is an informal
medium; however, you must refrain from sending further email
to a user after receiving a request to stop.
You may not alter the headers of email
messages to disguise their identity or to prevent users from
responding to the messages. idshosting.com may disclose the
usernames of accounts responsible for forged email messages
to system administrators or users requesting the information.
Violations of the idshosting.com policies
outlined herein can sometimes result in massive numbers of
email responses. If you receive so much email that idshosting.com
resources are affected, idshosting.com's staff may shut down
your mailbox.
System Security
You are prohibited from utilizing the Services to compromise
the security of system resources or accounts on servers at
idshosting.com or at any other site. Use or distribution of
tools designed for compromising security or containing viruses
or trojans is prohibited. Examples of these tools include,
but are not limited to, password guessing programs, cracking
tools or network probing tools.
If you are involved in violations of system
security, idshosting.com reserves the right to release all
usernames of users involved in such violations to system administrators
at other sites in order to assist them in resolving security
incidents. idshosting.com will also fully cooperate with law
enforcement authorities in investigating suspected lawbreakers.
System Resources
System abuse includes any use of idshosting.com's resources
that disrupts the normal use of its servers or services for
others. Examples of system abuse include running excessive
numbers of processes or consuming excessive amounts of CPU
time, memory or disk space.
Any usage of 10% or more of idshosting.com's
system resources is an undue burden on idshosting.com's system
and is unacceptable. If your usage ever exceeds 10% of system
resources, your account may be terminated immediately and
without prior notice.
Further, running programs in the background
on a idshosting server without idshosting.com's prior written
authorization, or running chat rooms, Internet Relay Chat,
IRC bots, mailing lists that send more then 1,000 emails a
day and the like are not acceptable uses of idshosting.com's
servers.
Data Backups
Though IDS Hosting takes full precautions against data losses
due to various reasons like an Internet Attatck (hacking),
virus attack etc., and takes regular backups of the data on
it's servers, it will not be responsible for any user's loss
of data due to any reason whatsoever. IDS Hosting would not
be liable to replace data under any circumstances. It will
however assist it's clients in any and every way possible
in an unlikely event of data loss. IDS Hosting strongly advises
it's users to maintain regularly updated backups of their
data.
Dedicated Server
When we assign a Dedicated Server to you following provisions
shall apply :
You shall manage the Dedicated Server assigned
to you. OR
We shall manage the Dedicated Server if you
want us to manage the same and we shall install our own software
on the Dedicated Server. You shall not get root access and
complete management of the Dedicated Server is done by us.
However, complete server resources can be used by you including
chat rooms etc. In case, if you installs any software or asks
us to install any software, the software license must be purchased
by you. We will not be responsible and you shall take the
responsibility for pirated software or software without license
and you shall indemnify us in respect of any consequences
arising out of use of such pirated or unlicensed software.
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