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Scope
This Acceptable Use Policy (this "Policy") governs the usage of
XpressHost™’s products and services (the "Services").
This Policy is incorporated by reference into each contract
XpressHost™ enters into with a customer (each, a
"Customer") for the use of such Services. Oriensoft
XpressHost™
may modify this Policy at any time without notice. In addition,
this Policy is incorporated by reference into the
Terms and
Conditions
applicable to Oriensoft XpressHost™’s Web site so
that no person who utilizes Oriensoft XpressHost™’s Web site
(regardless of whether that person is a Customer) may take any
action utilizing Oriensoft XpressHost™’s Web site that a
Customer would be prohibited to take utilizing the Services.
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This AUP is intended to help protect our
Customers and the Internet community from the inappropriate
use of the Internet. Customer’s use of XpressHost™
service constitutes acceptance of this AUP. Oriensoft
XpressHost™
reserves the right to revise and update this AUP from time
to time. The Customer is responsible for keeping itself informed
of the current AUP in effect, including any revisions or updates,
and for abiding by the terms of this AUP.
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1. |
Oriensoft XpressHost™ services may only be used for lawful purposes, and
Customer shall bear the burden of establishing that such use
complies with all applicable laws. The Customer is responsible
for all use of the account, with or without the knowledge or
consent of the Customer.
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2. |
Oriensoft XpressHost™ reserves the right, at its sole discretion, with
or without notice, to remove or refuse to post material that
violates this AUP or to suspend or terminate service provided
to any Customer if the Customer or any end-user using Customer's
services or facilities, directly or indirectly:
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a.
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Violates the rules, regulations
and policies applicable to any network, server,
computer database, web site or newsgroup that
Customer or end-user accesses;
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b.
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Sends, or facilitates the sending of, unsolicited
bulk mail messages ("email spam") to any person
or system in a way that could be expected to adversely impact
Oriensoft XpressHost™ network or facilities; or sends mail-bombs
(masses of e-mail or other data) to any person or system,
propagates or replies to mail-bombs, or uses a Oriensoft XpressHost™
website address or hosted web account to collect responses
from unsolicited commercial e-mail;
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c.
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Uses
services in a manner which is intended to abuse or to violate
the property rights of others, including, without limitation,
activities which result in the distribution of viruses, worms,
time bombs, Trojan horses, cancel bots, or other destructive
activities;
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d.
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Uses
the services in a manner that infringes on the intellectual
property rights of any third party or any rights of publicity
or privacy;
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e.
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Violates any law, statute,
ordinance, or regulation (including without
limitation the laws and regulations governing
criminal activity, export control, unfair competition,
anti-discrimination or false advertising);
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f.
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Publishes
or communicates material that is obscene, defamatory, trade
libellous, unlawfully threatening or unlawfully harassing;
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g.
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Uses services to attempt to
break security, or in fact, breaks security
of any computer network, or to access an account
without authorization;
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h.
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Forges
removes or modifies identifying network header information ("spoofing"),
or employs any other methods in connection with the transmission
of e-mail used to disguise or mislead any user name or the source
or quantity of transmissions; except when using deliberately
misleading headers in newsgroups to avoid Spam e-mail address
collectors.
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i.
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Relays e-mail through
any third-party systems without authority;
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j.
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Uses services to conduct any other activities which Oriensoft
XpressHost™ determines are injurious to its Customers, operations, or reputation
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k.
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Provides
false information on a Oriensoft XpressHost™ service application,
contract or on-line application, including, but not limited
to, the fraudulent credit card information;
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l.
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Attempts
to or resells Oriensoft XpressHost™ service without
Oriensoft XpressHost™ express authorization; or
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m.
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Uses bandwidth or disk space
in excess of limits permitted in account descriptions.
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3. |
Customer
must immediately notify Oriensoft XpressHost™ of any unauthorized
use of an account, and/or any breach, or attempted breach, of
security known to Customer. Customer is responsible for ensuring
that its network is configured in a secure manner. Customer
may not, through action or inaction, allow others to use its
network for illegal or inappropriate activities.
Oriensoft XpressHost™ takes no responsibility for the security of
the communications transmitted over Oriensoft XpressHost™
facilities.
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4.
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Oriensoft XpressHost™ does
not, and does not hereby assume any responsibility
to, review or edit materials which Customers
or its end-users publish or post on Oriensoft
XpressHost™ facilities or the Internet, and
is not responsible for such content, posting
or activity. Oriensoft XpressHost™ is
not responsible for the content of any other
websites linked to or Oriensoft XpressHost™
Customer’s services.
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5. |
Oriensoft XpressHost™ co-operates
fully with federal and state enforcement officials.
Oriensoft XpressHost™ respects Customer privacy
rights and will not intentionally disclose Customer’s
online communications or activities except to
comply with court orders, subpoenas, statutes,
regulations, or governmental requests; in order
to protect Oriensoft XpressHost™ or its Customers
from harm; or where necessary for the operation
of the system. Oriensoft XpressHost™ may
occasionally and randomly monitor online communications
only for mechanical or quality control checks.
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6. |
Oriensoft XpressHost™ may,
in its sole discretion, remove or disable Customer
materials or terminate services to Customer
with or without notice to Customer, if Customer’s
materials, postings or links allegedly infringe
trademark, copyright or other intellectual property
rights of third parties. Oriensoft XpressHost™
is not responsible for determining if the allegations
of infringement are valid. In addition , Oriensoft
XpressHost™ may terminate services to Customer,
if Customer violates this provision.
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7. |
Customers who are Internet
Service Providers must follow the policies outlined
above or stricter ones with regard to their
end-users use of Services.
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8.
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Oriensoft XpressHost™, in its
sole discretion, will determine on a case-by-case
basis what action will be taken in response
to a violation of this AUP. Oriensoft
XpressHost™ reserves the right to investigate
suspected or alleged violations of this AUP,
including gathering information from Customer,
its end-user the complaining party, and examining
of material on Oriensoft XpressHost™ servers.
Nothing contained in this policy shall be construed
to limit Oriensoft XpressHost™ actions or remedies
in any manner. Oriensoft XpressHost™ reserves
the right to take any and all additional actions
it may deem appropriate with respect to such
activities, including without limitation taking
action to recover the costs and expenses of
identifying offenders and removing them from
the Oriensoft XpressHost™ service and
levying cancellation charges to cover Oriensoft
XpressHost™ costs in the event of termination
for the causes outlined above. Oriensoft XpressHost™
reserves at all times all rights and remedies
available to it with respect to such activities
at law or in equity.
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9. |
Oriensoft XpressHost™ shall
not be liable for any damages of any nature
suffered by any Customer or any third party
resulting in whole or in part from Oriensoft
XpressHost™ exercise of its rights under theses
policies. By using Oriensoft XpressHost™
services, Customer agrees to waive and hold
harmless Oriensoft XpressHost™ from any claims
relating to any action taken by Oriensoft
XpressHost™ including conducting an investigation,
issuing a warning, refusing to post material,
removing material, or suspending or terminating
services, or other appropriate action. This
waiver applies to all violations described in
this AUP.
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10.
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Violations of this policy shall be reported by e-mail at
abuse@oriensoft.com
OR by phone to the Oriensoft XpressHost™
Network Operations Center at 1-800-209-7799 (India
Only) OR Fax
+91-22-67111666.
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11.
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Oriensoft XpressHost™ reserves
the right to amend, alter, or modify this AUP
at any time in its sole and absolute discretion.
Any amendment or modification is effective when
posted and any use of the Oriensoft XpressHost™
services after the posting of a modification
or amendment will be considered acceptance of
those modifications.
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