1. Terranet Hosting offers its clients (also known as subscribers), and their clients and users; the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Terranet Hosting respects that the Internet provides the forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Terranet Hosting reserves the right to take certain preventative or corrective actions even though such Internet / Network connectivity has not been taken from Terranet Hosting. Provided, however, Terranet Hosting will take such preventive action, only if Terranet Hosting proves to Client's satisfaction that such preventive / corrective action is required and after providing Client a written notice of reasonable period as per the demand of the situation to cure the same and the Client fails to cure within a reasonable period as agreed between Terranet Hosting and Client. In order to protect these competing interests, Terranet Hosting has developed an Acceptable Use Policy (AUP), which supplements and explains certain terms of each client's respective service agreement and is intended as a guide to the client's rights and obligations when utilising Terranet Hosting's services. This AUP will be revised from time to time. A client's use of Terranet Hosting's services will constitute the client's acceptance of this AUP. For avoidance of doubt, any chances to the AUP will be notified to the client in writing.
2. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Terranet Hosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscriber may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be, aware of some material posted to the Internet is sexually explicit or otherwise offensive. Because Terranet Hosting cannot monitor or censor the Internet, and will not attempt to do so, Terranet Hosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
3. When subscribers disseminate information through the Internet, they also must keep in mind that Terranet Hosting does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is hosted on equipment co-located in Terranet Hosting data center and may reach a large number of people, including both subscribers and non-subscribers of Terranet Hosting, subscribers posting to the Internet may affect other subscribers, violate Terranet Hosting policy and the service agreement when they, their client, affiliates, or subsidiaries engage in the following prohibited activities:
4. Spamming:- Sending unsolicited bulk and/or commercial message over the Internet. It is harmful because of its negative impact on consumer attitudes toward Terranet Hosting data center services. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Terranet Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list
5. ntellectual Property Violations :- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks , service marks, trade secrets, software privacy and patents held by individuals, corporate, or other entities. Also, engaging in activity the violates privacy, publicity, or other personal rights of others. Terranet Hosting is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement. It is also Terranet Hosting's policy to terminate the privileges of clients who commit repeat violations of copyright laws. Provided, however, Terranet Hosting shall not remove or block access to Client content or terminate Client's privileges until a court or competent authority having jurisdiction directs that such actions are required to prevent any intellectual property infringement by Client.
6. Obscene speech of Materials:- Using Terranet Hosting's services to advertise , transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Terranet Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of pornography on or being transmitted through Terranet Hosting's data center.
7. Defamatory or Abusive Language:- Using Terranet Hosting's Data center services as a means to transmit or post defamatory, harassing, abusive, or threatening language.
8. Forging of Headers :- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
9. legal or Unauthorised Access to other Computers or Networks :-Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as " hacking "). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan , or other information gathering activity).
10. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities:- Distributing information regarding the creation of and sending Internet viruses , worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of interfere with the ability of others to effectively use the network or any connected network, system, service , or equipment.
11. Facilitating a Violation of this AUP.:- Advertising, transmitting or otherwise making available any software, program, or service that is designed to violate this AUP, , which includes the facilitation of the means to Spam, initiation of pinging, flooding mail bombing, denial of service attacks, and privacy of software.
12. Other Illegal Activities:- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available, pirating software and fraudulently charging credit cards.
13. Other Activities:- Engaging in activities, whether lawful or unlawful, that Terranet Hosting reasonably determines to be harmful to its subscribers, operations, reputation, goodwill, or client relations.
14. The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Terranet Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Terranet Hosting policy or applicable law. When Terranet Hosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity it deems appropriate. Provided, however, if any action proposed by Terranet Hosting to stop a harmful activity is likely to affect Client's use of the Services, Terranet Hosting will not initiate such action without providing Client a notice of reasonable period as per the demands of the situation to cure the same and the Client fails to cure within a reasonable period as agreed between Terranet Hosting and Client.
15. Terranet Hosting also is aware that many of its subscribers are, themselves, providers of Internet services, and the information reaching Terranet Hosting's facilities from those subscribers may have originated from a client of the subscriber or from another third-party. Terranet Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by clients of its subscribers. Terranet Hosting has the right to directly take action against a client of a subscriber. Also, Terranet Hosting may take action against the Terranet Hosting subscriber because of activities of a client of the subscriber, even though the action may affect other clients of the subscriber. Similarly, Terranet Hosting anticipates that subscribers who offer Internet services will cooperate with Terranet Hosting in any corrective or preventive action that Terranet Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Terranet Hosting Acceptable User Policy.
16. Terranet Hosting also is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more or less secure than other means of communications, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised, As a matter of prudence, however, Terranet Hosting urges its subscribers to assume that all of their on-line communications are insecure. Terranet Hosting cannot take any responsibility for the security of information transmitted over Terranet Hosting's facilities.
17. Terranet Hosting will not intentionally monitor private electronic mail messages sent or received by its subscribers unless to do so by law, governmental authority, or when public safety is at sake. Terranet Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. In the event that a court order, subpoena, summons, discovery request, warrant, statute regulation, or governmental request etc., requires Terranet Hosting to disclose the Client Information concerning a subscriber, a transmission made using our network, or a web site, Terranet Hosting will promptly notify Client of the same and shall take all effective steps including, without limitation, providing an opportunity to Client to also ensure that as far as possible, Client's Confidential Information is not disclosed by Terranet Hosting. Terranet Hosting assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Terranet Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply those laws will violate Terranet Hosting's policy.
18. Physical Security Policy for using Terranet Hosting IDC Services
Terranet Hosting shall allow unlimited visits to IDC from Client's personnel for managing the co-located servers/ equipment.
A maximum of 04 Client personnel, nominated by the Client upon execution of the Agreement shall be issued IDC access cards by Terranet Hosting.
At any single point of time, a maximum of 02 Client's personnel shall be allowed to access the IDC.
Terranet Hosting IDC shall issue electronic access cards to the authorised personnel of the Client. Authorised personnel can enter the IDC only upon production of a valid identity / access card.
In case, any representative of Client, other than the authorised personnel, to whom access cards have been issued, wants to visit IDC, a written confirmation of the same needs to be sent by the Client to IDC's operations manager.
Client shall be only be given access to the server hall where Client's Equipment has been installed. However, Terranet Hosting may give access to any other area in IDC upon request of Client with appropriate reason, for the same.
Client cannot bring any material, which may be hazardous in nature, including but not limited to chemicals, wooden material, plastic material, packaging material etc. in the collocation space. Terranet Hosting reserves the rights to deny the entry of such material to collocation space after discussion with Client.
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