This
agreement (hereinafter "Agreement",
"Terms of Service", "TOS"
or "Terms") has been put together
to provide you with a complete and comprehensive
set of policies that bind us as the hosting
services provider, and you, our Customer.
PLEASE READ THIS AGREEMENT CAREFULLY. BY
AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE
USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING
UP, COMMUNICATING WITH US, PAYING FOR AND/OR
USING OUR SERVICES, YOU ARE AGREEING TO
BE BOUND BY THE CONDITIONS AND TERMS OF
THIS AGREEMENT, OUR ACCEPTABLE USE POLICY,
AND OUR PRIVACY STATEMENT.
If you have questions about this Agreement,
our Acceptable Use Policy (AUP) or our Privacy
Statement, please email us @ policies@
Terms of Service
This service Agreement is between Internet
Empower (hereinafter "we," "our,"
or "us") and you, our Customer
(hereinafter "Customer," "you"
or "your").
Internet Empower, as your web hosting service
provider, will supply Customer with a shared
web hosting solution according to the specifics
of your plan, along with various services
you select for maintaining your Web site,
as indicated on our Web site (hereinafter
"Services").
You warrant that the contact and ken
information, as listed on the account signup
form, is correct, complete and an accurate
representation of your contact details.
You also warrant that you are a valid representative
of the entity or organization listed on
our signup form, and are at least 18 years
of age.
This Agreement represents the entire agreement
between you and Internet Empower , and supersedes
any and all other communications and any
course of performance or course of dealing,
except as modified by revisions of this
posting by Internet Empower or written agreement
by an authorized officer of Internet Empower
(provided, however, that any such revised
posting shall take effect prospectively
from the date of the posting.)
Any of the terms, prices or services offered
can be amended, modified or updated by Internet
Empower at any time.
Customer Responsibility
Customer is responsible for uploading Web
site files and/or providing and setting
up any Web site content. Internet Empower
is not responsible for modifying, correcting
or updating Web site material.
Customer is responsible for the content
of any postings, data or transmissions.
This responsibility extends to any individuals
or entities given access to the account
by the Customer.
Customer is responsible for maintaining
the confidentiality of login and ken
information. Internet Empower is not liable
for any account disputes that may arise
between various parties holding account
login information. Internet Empower is not
responsible for any changes made to the
account or any information that has been
modified by Customer, or any parties authorized
by Customer, to access the Control Panel.
Customer is responsible for updating and
maintaining contact and ken information
with Internet Empower . Any changes to the
Customer contact information must be made
using the account Control Panel or by contacting
our Support Team. Customer is responsible
for ensuring that Internet Empower is able
to notify the Customer for technical, ken
or other issues or purposes deemed necessary
by Internet Empower to maintain the account.
Customer is responsible for bandwidth utilization,
and monitoring bandwidth use to ensure the
Web site does not exceed the bandwidth allocated
for the account(s). Internet Empower will
use its best efforts to e-mail Customers
who are at or near their bandwidth utilization
limits, but Internet Empower does not take
responsibility if e-mail notification(s)
is not received by the Customer. Internet
Empower reserves the right to discontinue
service through the beginning of the next
month for your account in the event that
it exceeds the bandwidth allotment.
Lawful Purpose
Internet Empower reserves the right to
refuse service to anyone in violation of
our Terms of Service or the Acceptable Use
Policy (AUP) set forth below or anyone using
our networks or servers for unlawful purposes.
Customer agrees to abide by all terms outlined
in our AUP. Any violation of those terms
will result in the actions outlined in our
AUP.
Customer accepts liability resulting from
any breach of our AUP.
Customer is responsible for making end-users
aware of all the policies of Internet Empower
and is responsible for any breach of those
policies by their end-users, as laid out
in our AUP.
Complaints Against Customer
(excluding Trademarks and Copyright complaints)
Internet Empower does not proactively review
the Web site content or e-mail of our Customers.
In some situations, as outlined herein or
in our AUP, we will review and remove files,
Web site content or e-mail to validate compliance
with our AUP.
We take no responsibility for the content
or information contained on our Customers'
Web sites or within their e-mail. The opinions
and views expressed in the Web pages hosted
by Internet Empower do not necessarily reflect
our views. The contents of the Web pages
hosted by Internet Empower are not monitored
or reviewed in any way before they appear
on the Internet.
Payment Policies - General
Accounts will not be activated or reactivated
without prior payment.
All hosting fees and domain name renewal
fees are due on or before the due date of
the renewing account and/or domain name.
Incomplete, incorrect or questionable signup
information can result in an account NOT
being activated. Some accounts may be placed
on hold for up to 72 hours, pending review
of information received.
Any losses or expenses experienced by the
Customer, due to actions taken by Internet
Empower in response to Customer non-payment,
are not the responsibility of Internet Empower
.
Payment Policies - Payment Processing
Internet Empower's preferred method of
payment is Direct Deposits/Cheques/Demand
Drafts[Payable in Mumbai]/credit card.
By purchasing our hosting services, you
are agreeing to allow Internet Empower to
place your account on a recurring payment
plan. The account will automatically be
re-billed according to the terms of the
plan you select.
You grant Internet Empower permission to
charge your credit card for any and all
services you request, including, but not
limited to, hosting and/or domain name renewals.
If we are unable to process a payment for
your hosting plan by its due date, your
account will be cancelled for non-payment
and you will not be able to access your
Web site or e-mail.
When an account is cancelled, all copies
of the Web site and e-mail files are permanently
and irretrievably removed from our servers.
If an account has been suspended for non-payment,
it will only be reactivated upon payment
of all overdue fees.
If we make any refunds due to charges you
dispute with your credit card company, we
will cancel your account. The cancelled
account will only be reactivated once all
disputed/refunded fees are resolved satisfactorily,
and we receive payment for any and all administrative
fees incurred by Internet Empower as a result
of your dispute or charge-back request.
We cannot guarantee any files or e-mail
will be available upon reactivation.
It is a violation of this Agreement for
you to misuse or fraudulently use credit
cards, charge cards, electronic funds transfers,
and/or electronic checks. A determination
of such misuse or fraudulent use shall be
in our sole discretion. Further, we may
report all such misuses and fraudulent uses
(as determined by us in our sole discretion)
to appropriate government authorities, credit
reporting services, financial institutions
and credit card companies. In these situations,
you shall have waived any and all rights
to privacy.
Cancellation Policy
You are free to cancel your account at
any time. Similarly, we reserve the right
to cancel any account at any time, for any
reason, including, but not limited to, a
breach of this Agreement or the AUP.
Fees for products and services are non-refundable,
unless there is an express money-back guarantee.
If you do not wish to continue hosting
with Internet Empower , or do not wish to
renew your domain name, it is your responsibility
to contact our Support Team to cancel your
account. You will need to indicate when
you would like to cancel the account and
whether you will maintain ownership of any
domain names associated with your account.
Transferring a domain to a new hosting
Company does not constitute canceling an
account with Internet Empower .
Subdomain Ownership
Upon purchasing Services, Internet Empower
will assign you a subdomain composed of
your username and our domain name (e.g.,
username.Internet Empower .com). Upon cancellation
of your account, Internet Empower will retain
all ownership rights to the username and
subdomain.
Technology Parameters
Customer is responsible for providing the
equipment and services necessary to access
Internet Empower networks, systems and servers.
Internet Empower makes no assurances that
the Customer's equipment is compatible with
its services.
Internet Empower is not responsible for
any service issues experienced due to the
use of any programs, scripts or software
not provided by Internet Empower or not
residing on Internet Empower 's network,
systems or servers.
Internet Empower is not responsible for
ensuring that Customer Web sites function
correctly, nor are we responsible for trouble-shooting
programs, scripts or software placed on
our servers by the Customer.
Platform Compatibility
Internet Empower strives to maintain compatibility
with a wide range of browsers, operating
systems and individual user settings, but
we cannot warrant that all of our services,
tools and pages will perform optimally with
every configuration. For best results, we
recommend accessing Internet Empower's services
through a PC running Windows 98 or higher,
and using Microsoft Internet Explorer 5.0
or higher as a browser. We also recommend
monitors set to a minimum of 256 colors,
screen widths of at least 800 pixels, and
ISDN or broadband connections.
Electronic Commerce
If the Customer chooses to conduct online
commerce, the Customer is responsible for
maintaining and creating an online store.
Customer is responsible for ensuring that
products or services sold or made available
via our services are legal and accurately
represented and that the content of the
store and related offerings do not infringe
the rights of others.
Customer is responsible for fulfilling
all the online store needs such as order
fulfillment, shipping, data security, etc.
Customer is responsible for the security
of Customers' credit cards.
Internet Empower is not liable for any
fraud, disputed business transactions, undelivered
goods or other improprieties between Customers
and their Customers.
Web Site Accessibility
We will use all efforts to ensure that
Customers' Web sites are available to third
parties via the Internet 24 hours a day,
seven (7) days a week, excluding scheduled
maintenance and regular system repairs as
initiated by Internet Empower .
However, due to the nature and complexity
of online services, we cannot guarantee
the availability of (i) our Web site, (ii)
any Customer Web site or other Web site,
information or material hosted by us, or
(iii) the products and/or services available
on or through any of the above.
User Data
Pursuant to Internet Empower's Privacy
Statement, Internet Empower may disclose
to third parties certain aggregate information
contained in your signup or related data.
However, Internet Empower will NOT disclose
personally identifying information to third
parties unless such disclosure is:
required or permitted by law, or is reasonably
necessary to comply with subpoenas, court
orders, other legal process, or requests
of governmental authorities;
intended to prevent or assist in the investigation
of suspected fraud or other illegal activities,
or otherwise represents actions taken in
connection with such activities;
to enforce these Terms of Service or otherwise
establish or exercise Internet Empower 's
legal rights or defense against legal claims;
or
otherwise provided for in the Internet Empower
Terms of Service or Privacy Policy.
Backup / Restore
Internet Empower does not maintain backup
copies of Customer Web sites or e-mail.
Internet Empower cannot guarantee that the
contents of a Web site will never be deleted
or corrupted, or that a backup of a Web
site will always be available.
We ALWAYS recommend that Customers copy
all content of a Web site to a local computer
and strongly suggest that Customers make
an additional copy (on tape, CD, multiple
floppies, another desktop, or elsewhere)
to ensure the availability of the files.
Emergencies/Special Situations
We reserve the right to take any proactive
steps we deem necessary to maintain the
security, connectivity, performance and
services of our Customers, including but
not limited to actions requiring us to deactivate
Web sites, shut down our network, or review
the content on Web sites to evaluate the
reason for perceived behaviors.
In rare instances, we may need to completely
delete a Web site or account because of
some significant failure, security breach
or other emergency. In such cases, we do
our best to backup a deleted Web site, but
we cannot ever guarantee a full restore
of a Web site.
Acceptance of Commercial Relationship
and E-mail Communications
By purchasing Services, you are agreeing
to this commercial relationship with us.
As such, you agree our communications to
you are solicited e-mails and not SPAM.
From time to time, we offer our Customers
the opportunity to participate in special
offers, contests or surveys, and we may
feel it is important to notify you about
new products and services through promotional
materials and newsletters. You may choose
to opt out of receiving these notifications
either by responding to the unsubscribe
instructions included in the e-mail or by
contacting our Support Team.
Domain Name Registrations and Renewals
Upon a Customer's request, and subject
to these terms and conditions, Internet
Empower will attempt to register a domain
name, or renew the registration of an existing
domain name, on behalf of the Customer with
any domain name registrar that Internet
Empower, in its sole discretion, elects
to employ for such registration or renewal
(the "Chosen Registrar"). Internet
Empower reserves the right to refuse any
request for registration or renewal of a
domain name.
When registering a new account, you will
be enrolled in our Automated Domain Renewal
Service. Through this service, Internet
Empower will attempt to automatically initiate
the renewal of any domain name you register
through Internet Empower . The renewal will
be initiated 15 days before a domain's expiration
date. Of course, you can opt out of the
Automated Domain Renewal Service at any
time through Domain Registrar. While participating
in the Automated Domain Renewal Service,
you agree to be bound by the policies associated
with this service. In the event of conflict
between those policies and rules and this
Agreement, this Agreement will control.
The registration or renewal of any domain
name by Internet Empower on behalf of a
Customer is subject to, and contingent upon,
(i) the Customer providing all information
needed to complete such registration, (ii)
the availability of the domain name, (iii)
the domain name not being in violation of
any applicable law, rule, statute or regulation,
(iv) the domain name not being in violation
of any policy of the Chosen Registrar, (v)
any fees or costs for such domain name registration
being paid in advance by the Customer and
(vi) the Customer's continued compliance
with any and all Internet Empower Terms
of Service and the AUP.
Once a domain name has been registered or
renewed through Internet Empower , no refunds
will be given for the domain registration
or renewal fee.
The Customer has full ownership rights
over any domain name registered or renewed
through Internet Empower , where the domain
registration fees have been paid in full
by the Customer. In the event of fraud or
failure to pay fees, Internet Empower will
retain possession of the domain name. In
addition, if we receive a credit card charge-back
for a domain registered with us, Internet
Empower will take ownership of the domain
name(s) registered.
Internet Empower is not responsible for
maintaining the registrant information for
domain names. The domain owner can modify
all this information using our Control Panel,
by contacting our Support Team or contacting
the Chosen Registrar. The Customer agrees
to continually update all information required
by the Chosen Registrar. Updating your information
with Internet Empower does not automatically
update it with the Chosen Registrar.
Internet Empower is not responsible for
any domain name's availability. The Customer
waives any and all claims against Internet
Empower for, and hereby releases Internet
Empower from, any loss, damage, liability,
cost or expense arising out of, or relating
to, the registration or release of a domain
name.
The Customer acknowledges and understands
that any and all domain name registrations
and renewals are subject to the terms, conditions,
rules, regulations, applicable law and policies
of ICANN (Internet Corporation for Assigned
Names and Numbers). In addition, any and
all domain name registrations and renewals
are subject to the terms and conditions
of the Chosen Registrar, which can be found
on the Web Site of such Chosen Registrar.
Upon request, Internet Empower will provide
the Customer with the name of the Chosen
Registrar.
The Customer understands and accepts that
a request for a domain name registration
or renewal is no guarantee that the Customer
will receive the domain name that has been
requested. The Customer understands, accepts
and appreciates the risks associated with
circumstances and vulnerabilities generally
affecting the Internet and e-commerce in
general. The Customer waives any and all
claims it may have against Internet Empower
for, and hereby releases Internet Empower
from, any loss, damage, liability, cost
or expense arising out of, or relating to,
the registration or release of a domain
name in such circumstances.
Internet Empower is not liable for domain
disputes that may arise over changed registrant
information for a domain name.
Internet Empower is not responsible for
resolving any domain disputes. These issues
must be resolved by the parties involved,
according to the legal bounds of ICANN,
the domain name governing body. Internet
Empower will not act as an arbitrator, but
will honor any ICANN decisions.
More about Domain Renewals
If we are unable to secure payment before
the domain renewal date, the domain name
will expire.
Forty (40) days after a domain renewal date,
a domain name will be released by the Registrar
and made available to the general public
for re-registration.
After a domain has expired, we will, upon
a Customer's request, put in a request with
our Registrar to renew and reactivate the
domain name if all registration fees are
paid (including any extra fees required
to pull a domain name out of its redemption
period). This process is normally complete
within four (4) days.
If we receive a dispute of payment, a chargeback
or a request for a refund from your credit
card Internet Empower for a renewed domain
name, Internet Empower will take over the
ownership of the domain name in question.
The Customer agrees that any and all information
provided in connection with any domain renewal
request shall be true and correct in all
respects. In connection with any such request,
Internet Empower assumes responsibility
only for processing such renewal request
with the Chosen Registrar. Internet Empower
disclaims any and all responsibility to
verify any information provided in connection
with the request and shall have no responsibility
or liability for any loss, delay, inconvenience,
interruption in service, service error or
loss of data.
Internet Empower bears no responsibility
or obligation to notify Customer of any
approaching domain name expiration dates.
The Customer agrees to bear complete responsibility
for such deadlines.
Transferring a Domain to Internet
Empower
If a Customer requests a domain name registration
or renewal that requires a transfer from
one registrar or reseller to another, the
Customer is solely and completely responsible
for compliance with any registrar or reseller
terms, conditions, procedures and/or policies
in connection with the request. Internet
Empower shall have no liability or responsibility
resulting from a delay, inconvenience or
expiration of a domain name as a consequence
of the Customer's failure to comply with
such terms, conditions, procedures and/or
policies.
While Internet Empower will assist you in
any way reasonable, we are not responsible
for ensuring your domain name is transferred
to our servers. During the domain transfer
process, Customer is responsible for making
any necessary domain name server changes
and ensuring the transfer is implemented
correctly.
Free Web Hosting
If you have enrolled in a free plan, your
Web site may carry advertising HTML for
Internet Empower or a third party, which
could include different types of advertisements,
including banners or pop-ups. If you would
prefer not to have such advertising on your
Web site, we encourage you to sign up for
a plan that does not include advertising.
Our Support Team can help you choose the
plan that is right for you.
Standard and Private-Label Reseller
Programs
In addition to all terms and conditions
described in this Agreement, the following
shall also be applicable to Internet Empower
Wholesale and Private-Label Resellers.
The Reseller agrees, on behalf of both
the Reseller and each Customer signed up
by the Reseller, to comply with these Terms
of Service.
In the event that a Reseller or a Reseller's
Customer is determined to be in violation
of the Terms of Service, the Reseller shall,
upon receipt of notice of the violation,
take prompt action to ensure that the account
in question is updated to be in full compliance
with the Terms of Service.
Internet Empower is not responsible for
the actions or misrepresentations of Resellers.
The Reseller hereby agrees to indemnify
Internet Empower from and against any and
all claims made by any Customer that result
from the Reseller's misrepresentation, breach
of the Terms of Service or other improper
actions by the Reseller.
Internet Empower reserves the right to
revise its Wholesale and Private-Label Reseller
Programs, AUP and the Terms of Service at
any time. Changes shall take effect when
posted online.
Customers who have been signed up by Resellers
agree to operate their Web sites in accordance
with the Terms of Service.
Resellers cannot make any modifications
to the Internet Empower Terms of Service.
Any such alterations shall be deemed a violation
of the Terms of Service and could result
in a cancellation of a Reseller's
account(s).
Internet Empower is not responsible for
any modifications made to the Terms of Service
by Resellers.
Resellers in the Wholesale Reseller Program
assume all responsibility for ken and
technical ken for each of their Customers.
Internet Empower reserves the right to refuse
inquiries made to the Support Team from
the Customers of Resellers in the Wholesale
Reseller Program.
Limitations of Liability
Internet Empower operates a shared hosting
environment, which affords a cost-effective
hosting option for our Customers and introduces
some risk that a Customer could impact others.
We cannot accept any liability for downtime,
interruptions of service, loss of business,
breach of security or inadvertent access
to your private data.
We cannot accept any liability for our
response to a legal requirement or court
order. Furthermore, there are some circumstances
where Internet Empower must use its best
judgment on how to respond to opposing legal
viewpoints. In such instances, we cannot
accept any liability where our judgment
is ultimately wrong.
INTERNET EMPOWER AND ITS CONTENT ARE PROVIDED
"AS IS", WITH NO WARRANTIES WHATSOEVER.
ALL REPRESENTATIONS AND/OR WARRANTIES OF
ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT PARTICULAR LIMITATION
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW.
ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY
PRODUCT AND/OR SERVICE AVAILABLE THROUGH
INTERNET EMPOWER IS PROVIDED SOLELY BY THE
OWNER, ADVERTISER, OR MANUFACTURER OF THAT
PRODUCT AND/OR SERVICE, AND NOT BY INTERNET
EMPOWER.
YOU AGREE THAT ALL ACCESS AND USE OF INTERNET
EMPOWER AND THE CONTENT THEREOF IS AT YOUR
OWN RISK. IN NO EVENT SHALL INTERNET EMPOWER
BE LIABLE FOR (A) ANY LOST DATA OR CONTENT,
LOST PROFITS, BUSINESS INTERRUPTION OR FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING TO THE NETWORK,
SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES
PROVIDED HEREUNDER, EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM,
(B) FOR ANY DAMAGES OR COSTS ARISING FROM
ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT,
OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER,
OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT
ON SUCH WEB SITES, OR OUT OF ANY ERRORS
OR OMISSIONS IN THE CONTENT THEREOF. YOUR
AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THIS WEB SITE, SITE-RELATED SERVICES,
PRODUCTS, TOOLS AND/OR CONTENT CONTAINED
WITHIN THE WEB SITE, OR WITH THE EXTENT
TO WHICH SUCH WEB SITES ARE "UP"
OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER
USERS OF THE INTERNET, IS TO STOP USING
OUR SERVICES. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, INTERNET EMPOWER SHALL
NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY
DAMAGE.
Miscellaneous
These Terms shall bind and benefit the
successors and heirs of the parties. These
Terms, product offerings and pricing are
subject to change at any time, without notice.
By visiting this Web site and/or using
or purchasing goods and/or services from
or through this Web site, you consent to
the Jurisdiction of Mumbai court. The Terms
and the relationship between you and Internet
Empower shall be governed by and interpreted
in accordance with the laws of The courts
of Mumbai
If any provision of these Terms should,
for any reason, be held invalid or unenforceable
in any respect, the remainder of these Terms
shall be enforced to the full extent permitted
by law. A court of competent jurisdiction
is hereby empowered to modify the invalid
or unenforceable provision to make it valid
and enforceable.
--------------------------------------------------------------------------------
Acceptable Use Policy
We've developed this Acceptable Use Policy
(AUP) to help our Customers understand their
responsibilities when using our services.
It explains our polices regarding activities
that may be harmful to our Customers or
compromise the efficiency of our shared
hosting environment.
We may take preventative or corrective
action, at our discretion, in response to
any of the activities described in this
AUP, along with any activities that contradict
the spirit of this AUP or the nature of
the Internet as an open, efficient method
of communicating and conducting business.
To meet the changing needs of our Customers,
our business, the Internet environment and
the legal landscape, this AUP may be revised
at any time and we encourage you to review
this AUP on our Web site periodically.
If you feel you have discovered a violation
of any area of our AUP, please report it
to:
Internet Empower
Legal Department
E-mail: legal
I. Rights and Responsibilities
Lawful Use: Our services
may only be used to engage in lawful activities.
Examples of unlawful activities that are
prohibited by this AUP include, but are
not limited to:
Pornography: We do not
knowingly host and we prohibit use of our
services for the distribution or dissemination
of pornography. We consider "Pornography"
to be a visual depiction of a or any person
explicitly or by implication described to
be a person who is engaged in sexually explicit
conduct. Prohibited activities include possession,
manufacturing and distribution of pornography,
online enticement of person for sexual acts,
prostitution, and sex tourism.
When we become aware of the presence of
child pornography that is on or being transmitted
through our network, the associated Web
site will be suspended and reported to law
enforcement agencies as required by law.
Online Gambling: You may
not use our services to engage in the online
making, receiving, recording or forwarding
of bets or offers to bet. You may not link
to sites that engage in such activities.
Electronic Crimes and Security:
We take the security of our network, facilities
and our Customers seriously. Customers are
prohibited from engaging in the activities
set out below and any other activities that
create a security risk for us and our Customers.
Illegal or Unauthorized Access
to Other Computers or Computer Networks:
Internet Empower prohibits attempts to access,
monitor or disrupt another's account, computer,
computer network, or security measures.
In addition, any activity that may be seen
as precursor to an attempted system penetration
(for example: port scan, stealth scan, or
other information gathering or monitoring
activity) is forbidden.
Customers are also prohibited from attempting
to circumvent security in order to obtain
access to services on Internet Empower servers
that are not provided in your account. Customers
cannot scan our network or other networks
with the intent to breach and/or evaluate
security vulnerabilities. It will be considered
a violation of this AUP for you to attempt
to breach or to breach the security or firewall
systems of , its Internet access provider,
or any affiliates. If you become aware of
such an attempt to breach or actual breach,
please notify using the contact information
listed above.
We reserve the right to engage in the activities
set out in this paragraph in order to improve
the security of our services and investigate
security breaches.
Engaging in Destructive Activities:
Customers may not engage in the act of sending
or distributing malicious code or information
regarding the creation of Internet viruses,
worms, Trojan Horses, mail bombing or denial
of service attacks. "Destructive Activities"
includes, but is not limited to, sending
packets with an illegal packet size, UDP
flooding, ping-flooding, half-open TCP connection
flooding and any other activity that may
be deemed harmful and that may result in
a denial of service against any computer
or computer network. Intruding into a Internet
Empower 's network to alter, access, steal,
disable or destroy data, including personal,
financial, proprietary, or to use the services
of the host computers is also prohibited.
This prohibition extends to activities that
disrupt the use of, or interfere with the
ability of, others to use a computer network
and any connected network, system, service,
or equipment. These types of activities
are not only harmful to the shared hosting
environment but also slow and cause damage
to the entire Internet.
Other Illegal Activities:
Customers are not allowed to engage in activities
that are deemed illegal by Internet Empower
. These activities include advertising,
transmitting or otherwise making available
ponzi schemes, pyramid schemes; fraudulently
charging or collecting credit card information;
or pirating software.
All material on our network and servers
must comply with Indian IT ACT 2000. In
addition, all material placed on our network
and servers by our Customers must be legal
in the Customer's own jurisdiction.
Pornography: No Customer
shall use Internet Empower 's services to
engage in pornography. This includes uploading
or publishing material that would commonly
be considered "indecent," "appealing
to the prurient interest" or referred
to as "adult" material. In addition,
linking to these sites is not allowed.
Intellectual Property:
Customers may not engage in activities that
infringe or misappropriate the intellectual
property rights of others. This includes,
but is not limited to, infringing copyrights,
trademarks, service marks, trade secrets,
software or patents held by other individuals,
corporations or entities. Internet Empower
will cancel the account of any Customer
who knowingly infringes intellectual property
laws.
Common instances leading to intellectual
property violations involve the unauthorized
use of pictures, framing another's Web site
within your own without permission and using
another's trademarks without their permission
to promote competing goods or services.
Copyright infringement:
To report an infringement, copyright holders
must send "proper notice" to our
General Counsel. It is the copyright holder's
obligation to draft its notice in a way
that makes the claim easy to and identifies
the source of the complaint.
"Proper notice" contains the
following:
A physical or electronic signature of a
person authorized to act on behalf of the
copyright owner.
Actual identification of the material you
claim violates your copyright, or if there
is more than one violation, a representative
list.
Sufficient information to enable us to
locate the material you claim infringes
your copyright. Please include the URL,
rather than a description of the content.
The following statement: "I have a
good faith belief that the use of the material
in the manner complained of is not authorized
by the copyright owner, its agent, or the
law."
The following statement: "Under the
penalty of perjury I state that the information
contained in my complaint is accurate and
I am authorized to act on behalf of the
owner of the copyright I claim is infringed."
In the event that removes or disables access
to material claimed to be a copyright infringement,
Internet Empower may (but is not required
to) attempt to contact the Customer who
has posted such material in order to give
that Customer an opportunity to respond
to the notification. Any and all counter
notifications submitted by the Customer
will be furnished to the complaining party.
Internet Empower will give the complaining
party an opportunity to seek judicial relief
in accordance with the DMCA before Internet
Empower replaces or restores access to any
material as a result of any counter notification.
Trademark Infringement:
We consider a Trademark Infringement to
be any use of a trademark, service mark,
trade dress or other identifying mark, word,
phrase, color, picture or layout that could
lead to confusion between a Customer's use
and the use by the holder of a valid trade
or service mark.
We evaluate allegations of trademark infringement
upon receipt of "proper notice."
Proper notice consists of:
-
Identification of any URL that allegedly
infringing protected material;
-
A verifiable statement of ownership;
-
A statement that you believe the disputed
use is not authorized by the trademark
owner or by law;
-
Information that enables us to contact
you; and
-
A physical or electronic signature of
the trademark owner, or person authorized
to act on behalf of the owner.
It is our policy to terminate the services
of Customers for whom we have received multiple
proper notices alleging infringement of
the same or similar copyrights.
Internet Empower Copyrighted Material:
It is also our policy to protect its own
intellectual property rights. The use of
content or marks found on our Web site,
or use of the name "Internet Empower
," without the prior written consent
of Internet Empower , is prohibited. Any
infringement of 's intellectual property
rights will result in immediate termination
by of the infringing 's contract.
We do, however, want to provide our Customers
with the information and access they need
to create a successful online presence and
will permit fair use of our trademarks when
it is possible and appropriate.
Any questions about what constitutes fair
use versus infringement should be directed
to our Legal Department.
Disruptive Activity and Communications:
Customers must not engage in any activity
that disrupts the quiet enjoyment or use
of the Internet or Internet Empower services
by others. Disruptive activities include,
but are not limited to:
Spamming:- Because SPAM
can impair our ability to deliver quality
services, Customers are prohibited from
sending, assisting, or commissioning the
transmission of commercial e-mail that does
not comply with the U.S. CAN-SPAM Act ("SPAM")
of 2003. It is your obligation to ensure
that e-mail sent by you, or on your behalf,
does not violate this law. We assume SPAM
complaints are valid unless we are provided
with credible information to the contrary.
It is our policy to cancel accounts that
experience a pattern or history of sending
e-mail that is the subject of legitimate
SPAM complaints from third-parties. We investigate
all complaints and take the appropriate
action given the circumstances and history
of non-compliance.
It is a violation of this AUP to commission
a third party to send e-mail that is in
violation of it, even if that third-party
does not use Internet Empower systems, networks
or resources.
E-mail not in compliance with this AUP
- regardless of source - which contains
any reference to a Web site hosted by us
or contains any reference, link, to a network
or system of Internet Empower is prohibited.
Internet Empower reserves the right to
cancel or suspend your account, at our sole
discretion and without notice, for situations
involving SPAM violations.
Offensive Communication - harassment, defamation,
libel and hate speech - Customers are prohibited
from using our services to engage in activities
that may be considered harassing, defamatory,
libelous or malicious. Whether a particular
activity is within scope of this prohibition
is solely within our discretion.
We generally consider harassing activity
- or harassment - to be the act, or intention,
of intimidating, threatening or otherwise
tormenting others using our services. Harassment
can result from the language used, or the
frequency or size of a message. Hate speech
or literature includes, but is not limited
to, anything that prejudices, creates a
hostile bias or grossly defames a group.
Use of Our Services:
Unauthorized Reselling or Providing Access
to Account Services. Customers cannot resell
or provide access to e-mail services, tools
or access codes/passwords that are not being
used to maintain a Customers account. Nor
can Customers sell or give any type of script
installed on Internet Empower 's servers.
Exploits: Customers may
not use programs on their Web site, such
as CGI, Perl, PHP, etc, which intentionally
or unintentionally allow third-parties to
utilize your scripts in a manner that violates
this AUP.
Common script exploitations include security
breaches that third-party use to access
your Web site files or directories, spam
that third-party use to send e-mail that
is not in compliance with the CAN-SPAM act.
Please be aware, these exploitations can
happen when Customers introduce new scripts,
or modify the scripts that we provide.
Customers must immediately modify or deactivate
offending scripts. We reserve the right
to temporarily suspend your account, modify
or deactivate offending scripts, or take
other action we deem necessary to address
or prevent violations of this AUP.
Other Activities or Information:
Customers are prohibited from taking part
in any activity or information, lawful or
unlawful, that could be considered harmful,
offensive or controversial for Internet
Empower , its Customers or third-parties.
When evaluating an AUP violation, we consider
whether we could reasonably foresee our
Customers, operations, reputation, goodwill
or general Customer relations being negatively
impacted by the activity or information.
Requests for information about you and
your use of our services. We have an obligation
and a duty to respond to subpoenas and other
legitimate requests for information about
your account and your use of our services.
You should not assume that any information
will remain confidential.
II. Remedies and Action
In General. When we become aware of a
violation of our AUP, it is at our sole
discretion to respond in the manner we believe
to be appropriate for stopping the offending
activity, including but not limited to,
removing or blocking access to material,
shutting down a Web site, blocking offending
transmissions, deleting an account and all
associated information and files.
No credits or refunds will be issued for
any account that is cancelled due to a violation
of this AUP, whether or not it is later
proven that an actual AUP violation occurred.
Presenting Complaints and Notice. We reserve
the right to use our best judgment to determine
who bears the burden of proof for alleged
AUP violations. We also reserve the right
to take any and all action that we deem
appropriate And bear no responsibility for
verifying/investigating complaints and responses.
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