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| Web Hosting Agreement |
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| The use of services from Navasun Networks India Pvt. Ltd. [hereafter referred to as "Navasun"] constitutes agreement to these terms. |
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| Contents |
Clients are allowed to use the service for business/commercial or personal websites or content. All services provided by Navasun may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Navasun from any claims resulting from the use of the service which damages the subscriber or any other party. |
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Examples of unacceptable material on all Shared, Reseller and Dedicated Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. |
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We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. |
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Failure to respond to email from us within 48 hours may result in the suspension or termination of your services. |
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Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): |
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Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. |
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| Background Running Programs |
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases 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. |
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| Banned Scripts |
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Navasun reserves the right to disable the account pending client cooperation and resolution. |
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| Violation of indecency and obscenity laws can result in criminal penalties. |
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| Intellectual Property Rights |
Material accessible to you through Navasun's Services may be subject to protection under the Indian (or any other country) 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 the Navasun Service 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 Navasun Network. If you use a domain name in connection with the Navasun Service 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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| Defamation |
Defamatory speech distributed over the Internet can result in civil liability for the defamer. |
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| Refusal of Service |
Navasun reserves the right at its sole discretion to refuse or cancel service. Violation of any of Navasun's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. |
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| Spam or Unsolicited E-Mail |
| We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. |
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| Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated without refund |
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| Navasun reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Navasun. |
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| Abuse |
Any attempts to undermine, slander, libel, threaten, or cause harm to a Navasun server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law. |
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| Backups and Data Loss |
Your use of the service is at your sole risk. Navasun is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Navasun servers. |
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| Indemnification |
Customer agrees that it shall defend, indemnify, save and hold Navasun (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Navasun, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Navasun against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Navasun server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Navasun to the amount paid for service. |
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| Disclaimer |
Navasun shall not be responsible for any damages your business may suffer. Navasun makes no warranties of any kind, expressed or implied for services we provide. Navasun disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Navasun and its employees. |
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Finally, Navasun wishes to emphasize that in accepting services, customers indemnify Navasun for the violation of any law or Navasun policy that results in loss to Navasun or the bringing of any claim against Navasun. This means that if Navasun is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Navasun, plus costs and reasonable legal fees. |
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Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. |
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| Disclosure to law enforcement |
Navasun may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. |
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| Changes to the TOS |
Navasun reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice. |
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