As a provider of website hosting and other Internet-related services, VitricWeb offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. VitricWeb respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, VitricWeb reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, VitricWeb has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using VitricWeb' services. This AUP will be revised from time to time. 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 judgement and responsibility of those who use it, 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 VitricWeb cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because VitricWeb cannot monitor or censor the Internet, and will not attempt to do so, VitricWeb cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that VitricWeb 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 created is carried over VitricWeb' network and may reach a large number of people, including both subscribers and non-subscribers of VitricWeb, subscribers' postings to the Internet may affect other subscribers and may affect VitricWeb' goodwill, business, reputation or operations. For these reasons, subscribers violate VitricWeb policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward VitricWeb, but also because it can overload VitricWeb's network and disrupt service to VitricWeb's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, VitricWeb will investigate and shutdown the account that is spammin, Moreover a ₹10000 or $140 charge for violating this policy will be fined to the person initiating the spam. Furthermore VitricWeb reserves the right to prosecute for this violation. A ₹80 or $1 fine will be assessed PER EMAIL sent should VitricWeb choose to pursue and prosecute.
Using VitricWeb' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. VitricWeb is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Using VitricWeb' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Accessing, illegally or without authorization, 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 may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
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 or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Advertising, transmitting or otherwise making available any software, program, product 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 piracy of software.
VitricWeb reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
1. involves spamming, mailservers, or mass marketing of any kind, or any type of investment/lottery sites;
2. involves brute force and other vulnerability-checking programs, even if for security purpose;
3. involves traffic exchange / relay websites or Services, including autosurf sites, CDN, TOR nodes, open public proxies, and topsites list;
4. involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc);
5. involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
6. involves constantly receiving attacks on Customer’s Services or failure to secure Services properly;
7. involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts.
8. involves running a program/script that is designed to use maximum CPU (such as cryptocurrency miners) and not a general fixed amount equal or lesser to the processing power assigned to your service.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. VitricWeb will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with VitricWeb' policy or applicable law. However, when VitricWeb becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by VitricWeb.
VitricWeb is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching VitricWeb' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. VitricWeb does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. VitricWeb reserves the right to directly take action against a customer of its subscribers. Also, VitricWeb may take action against the VitricWeb' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, VitricWeb anticipates that subscribers who offer Internet services will cooperate with VitricWeb in any corrective or preventive action that VitricWeb deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of VitricWeb policy.
VitricWeb will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. VitricWeb may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, VitricWeb may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. VitricWeb assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, VitricWeb may disclose subscriber information or information transmitted over its network where necessary to protect VitricWeb and others from harm, or where such disclosure is necessary to the proper operation of the system. However, VitricWeb will never sell information to other services or outside companies.
VitricWeb expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate VitricWeb policy. Finally, VitricWeb wishes to emphasize that, in signing the Service Agreement, subscribers indemnify VitricWeb for any violation of the Service Agreement, law or VitricWeb policy resulting in loss to VitricWeb or the bringing of any claim against VitricWeb by any third party. This means that, if VitricWeb is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against VitricWeb, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including VitricWeb and its subscribers, as responsible members of the Internet.
Last Revision:- 8 September 2021