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CYBEX ACCEPTABLE USE POLICY

The Cybex Hosting Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on Cybex Hosting's Web site (or such other location as Cybex Hosting may specify) and may be updated from time-to-time

READ THE DOCUMENT CAREFULLY! BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE USER AGREEMENT POLICY AND FURTHER AMENDMENTS THEREIN. CYBEX HOSTING HAS FULL RIGHT TO TERMINATE YOUR USER ACCOUNT FOR VIOLATION/ABUSE OF THE PRIVACY POLICY.

The following constitute violations of this AUP:

DMCA Violation

When we receive the information regarding DMCA violation, you will be notified about the same and will be given a day’s time to come back with an appropriate response. If no response is received in the given time, your account will be deactivated till the time we hear from you. If you violate the rule for the second and third time, your account will be suspended automatically. Please note that your account will be permanently deleted if you flout the rules fourth time.

Illegal use:

The Services offered by us MUST NOT be employed to serving illegal means or supporting any such activities. If you are suspected to be involved in any wrong doing or causing harm/injury to the third party, the Company may take necessary action and cooperate with the concerned legal authorities.

Children

The Company will not tolerate any harm to minors done in the event of using our services. We do not collect information about children and if there is any information of a child less than 13 years of age in our database, all reasonable efforts will be made to delete such material.

Threats

Strict action will be taken against those found using the Company’s services to disseminate any data or information via mail, post, uploador otherwise which may cause destruction or harm to the property.

Harassment

It is against the Company policy if Cybex Hosting Services are being used to harass others. Necessary action will be taken against those found guilty.

Fraudulent activity:

Using the Company’s name to buy or sell spurious products or fraudulent services or getting involved in any type of financial scam is strictly in contravention to our User Agreement Policy. Running chain letters, Ponzi or pyramid schemes will be considered illegal and will be reported to the concerned authorities for further investigation into the matter.

Forgery

Modifying, removing or adding any network header information to mislead or deceive someone is strictly against our Company policies. We prohibit the use of forged headers in an attempt to impersonate anyone.

Sending Unsolicited E-Mail in Bulk (SPAM)

Transmitting or sending unsolicited emails or commercial emails in bulk is strictly prohibited. Violation of this rule will lead to termination of the Account immediately.

Sending Bulk Mails

Sending of bulk mails from our shared servers is not allowed. In fact, this rule is applicable even to our 1000 emails/hour limit.

No-SPAM Policy

We oversee and strictly adhere to No-SPAM policy which makes sure that none of our users are collecting personal data to send spam. We do NOT sell your contact/personal details to third parties.

E-Mail or News Bombing

The intention of blocking other person’s usage of electronic news or mail services may lead to termination of the Cybex Hosting Account immediately.

E-Mail Forging

Manipulating with some or the entire part of the original message will be considered as a violation of User Agreement Policy.

Illegal Access

We take reasonable measures to prevent unauthorized access of your information. If any user attempts to access your account, tries to penetrate, infringe on Cybex Hosting’s hardware or software or meddle with the telecommunication systems, their account will get terminated with immediate effect.

Trademark or Copyright Infringement

Cybex Hosting will take stringent action against users who disseminate any information via mail, post or upload that infringes –

  • Trademark
  • Copyright
  • Trade secret
  • Patent
  • Other exclusive rights of the third party
  • Unauthorized copy of copyright material
  • Digitization and dissemination of pictures from books, magazines, etc. without permission
  • Unauthorized transmission of copyright software

Collecting Third Party Personal Data

It is in direct contravention to the Company’s policy if anyone uses our services to gather personal data with respect to the third parties without asking for their consent.

Provision of Free Hosting

As a user of shared hosting services, you are not allowed to provide free hosting to others. Doing so will be considered as flouting the rules and acting against the Company policies. When found guilty, strict action will be taken against you.

Reselling Services

As a shared hosting service provider, we allow reselling our services only to a single party. Our plans for shared hosting are not suitable for different organizations on a single shared platform. The following are the terms applicable to Reseller Relationships only.

  • Choice: When you no longer wish to subscribe to our services from one of our resellers, you may contact the concerned reseller and can directly purchase the Services from us.
  • Information Related to Data Collected through Resellers: Cybex Hosting reserves the right to collect information as per the direction of the Resellers.There is no direct relationship with an individual. Therefore, if you wish to access or want to amend, correct or delete inaccurate data, you should direct your queries to Reseller’s data controller. If the Reseller requests to remove the data, wewill do so within thirty business days.
  • Data Retention: The Company shall retain the personal data it possesses on behalf of the Resellers for as long as needed. The personal data retained will be used to comply with legal obligations, agreement enforcement, and legal requirements compliance.

Network Disruptions

Appropriate action will be taken against users –

  • Who try to affect the workability of others or of the Cybex Hosting systems like making“Denial of Service” (DOS) attacks aimed at an individual or another network host.
  • Who disrupt other networks, services or equipment

Therefore, you should make sure that your network is configured in a safe and secure manner because -

  • Unauthorized entry into another system will lead to account termination with immediate effect.
  • NO room shall be given to those who breach the security wall of other systems irrespective of the fact whether it results in intrusion or data loss.

Fraud

  • When you misrepresent a statement or an actionwith the sole intention of seeking the response from the other party, it will be considered as a fraudulent practice.
  • Infringement of Patent, Copyright, Trade Secret, Intellectual Property Right or Trademark will be termed as a fraudulent practice.

Virus Distribution

Distribution of malicious software intentionally with the sole purpose of harming or causing damage, or harassment to the other person will lead to permanent deletion of the account.

External Links

Our company has stringent rules regarding your privacy, but we bear no control over the privacy policies of other websites whose links appear on our sites. Before clicking on them, please collect the type of information they are asking from you.

Unacceptable Use of the Software

Cybex Hosting may suspend your account if it finds that any software or some device is being continuously used for establishing a connection like pinging while making use of our services.

Misbehaving With Support Personnel

The support personnel is there to answer your queries; the constant verbal abuse by anyone will not be tolerated at Cybex Hosting. If you are found misbehaving with them, you may either be warned or will be asked to use a different service altogether.

Accountability for Third Party

If we find out that any third party is working against our User Policy and Terms of Service, we will hold you accountable for the same.

REPORTING OF VIOLATIONS OF CYBEX AGREEMENT USER POLICY

If you think that someone is violating our User Agreement Policy, inform the same via mail to our Abuse Department. In the written notification, you may include any additional information that you possess regarding the incident –

  • The IP Address for committing offense
  • Time and date of infringement (including the time zone)
  • Evidence of alleged breach
  • Complete information of the header
  • Situations other than listed above require providing information on the same

YOUR OPTIONS

For Opting Out

As an account holder with Cybex Hosting, you will receive notices, invoices, system updates, newsletters and other mailings by default. However, you can opt out of the mailing and newsletter services by clicking on the unsubscribe link in any promotional email provided in the communication. Please note that as our client, you will not be able to opt out of receiving any important system or service notifications about your account.

Correcting/Updating Personal Information

If you change any personal information, you are required to intimate us of the same and follow the update or correction procedures for our records.

SERVICES USAGE

Product Requirements

As a user, you must make sure that your entire data is located on our hosting equipment in a ‘server-ready’ condition lest it is specified or agreed in a different agreement. The Company will not make any efforts to validate information regarding the usability and correctness of the content. If your data is not ready to be placed on the server, we reserve the right to reject the material and notify you of the same. This will give you an opportunity to modify and make necessary amendments in the content that meet the conditions of our Company. Using our services requires that you are keeping yourself abreast of the core knowledge of the Internet, software, and protocols. Though knowledge level may vary as per the anticipated use and content for the site, but possessing the knowledge is necessary to maintain and create a website.

ENFORCEMENT OF AGREEMENT USER POLICY

Investigation of Breaches

At any given point of time, we may initiate an inquiry against any suspected or reported infringement of this Agreement, policies, and complaints. Post the findings, we will take such actions that we may consider reasonable and appropriate to protect our systems, customers, facilities and/or third parties.
Cybex Hosting will not review or access the contents of any email or stored electronic communication except when required by the law enforcement agencies.

Actions

Cybex Hosting has full right to remove any content from the server that it considers violating the Service Agreement, contains objectionable content, try to infringe on third party’s rights et al. After noticing any violation from the user, the Company may take necessary action immediately. The actions may not restrict to –

  • Issuing warnings
  • Preventing or prohibiting any/all content to be hosted on our servers
  • Terminating or suspending the service
  • Removing or disabling any hypertext links to third party websites
  • The account of repeat violators may be deleted permanently

If the Company takes any corrective action against a possible infringement, you cannot ask to refund any or part of the money.

Disclosure Rights

To protect our clients and systems, we may access and share some or all information to comply with lawful government requests. This action will be taken to make sure that the business processes are running smooth. Sharing of information could include the profile of the account holder, usage history, IP address, content, traffic information etc.
If we find anyone violating any law, we will report the same to the concerned third party, law enforcement agencies and regulators.

WARRANTY DISCLAIMER

Third Party Acts

We cannot be held responsible for getting into situations like data loss, data corruption or failure to send/receive data. These are beyond our reasonable control.

Your Representation & Warranties to Us

You represent,warrant and agree to the following–

  • As per the Indian laws, you are an adult, at least, 18 years of age
  • You possess the ability and legal right to enter into the Company’s AUP
  • You abide by the rules for using the services and for lawful purposes
  • You will be financially accountable for your account and the activities performed therein
  • You have the authorized and written permission to hypertext links to third party websites
  • You have corroborated (or will substantiate) the veracity of materials disbursed or made accessible for dissemination for using the Services
  • Your content or the software that you may install will not breach the rights and/or rules of any regulation, ordinance or third party.

Policy Revisions

Cybex Hosting has full right to amend, revise, and modify the content therein, in User Policy and other concerned agreements or policies at any point in any way. Notice of the same will be flashed on the homepage of the website for a limited period of time.

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