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Terms of services

Dhruva Hosting’s Acceptable Use Policy (AUP) is provided to give our customers and users a clear understanding of what DhruvaHosting.com expects of them while using the service. All users of DhruvaHosting.com’s services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with this AUP and our TOS (Terms of Service).



Use of DhruvaHosting.com Service constitutes acceptance and agreement to DhruvaHosting.com’s AUP as well as DhruvaHosting.com’s TOS (Terms of Service)



IMPORTANT NOTICE: Customer private details are encrypted on our systems and will never be shared with a third party.



 We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites.



 However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be violating the ToS, may subject us to liability, or which may violate this AUP. DhruvaHosting.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your DhruvaHosting.com account or other actions as determined by the Dhruva Hosting administrator(s)



 This document is intended to provide a basic understanding of DhruvaHosting.com’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of DhruvaHosting.com’s AUP:



• Ensure reliable service to our customers



• Ensure security and privacy of our systems and network, as well as the networks and systems of others



• Comply with existing laws



• Maintain our reputation as a responsible service provider



• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services



• Preserve the value of Internet resources as a conduit for free expression and exchange of information



• Preserve the privacy and security of individual users



DhruvaHosting.com intends to provide its customers access to everything the Internet has to offer. While DhruvaHosting.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both DhruvaHosting.com and the Internet and cannot be permitted under the guise of free speech. The resources of DhruvaHosting.com and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.



We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.



If a DhruvaHosting.com account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.



As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@dhruvahosting.com.



VIOLATIONS OF DhruvaHosting.com ACCEPTABLE USE POLICY



 The following constitute violations of this AUP:



 1. Illegal use: DhruvaHosting.com’s services may not be used for illegal purposes, or in support of illegal activities. DhruvaHosting.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.



 2. Harm to minors: Use of DhruvaHosting.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without notice. Upon a second violation the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the appropriate law enforcement agency. Any account found to host "Lolita" type content or linking to the same will be given one hour to remove the offending content/domain. Upon a second violation the account will be removed from our network immediately without notice. Subsequent violations can result in the termination of the server without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be underage content will result in the same penalties. All violations will be reported to the appropriate law enforcement agency.



 3. Threats: Use of DhruvaHosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.



 4. Harassment: Use of DhruvaHosting.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.



 5. Fraudulent activity: Use of DhruvaHosting.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."



 6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.



 7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our network. If you are found to have spammed, then we will immediately, without warning, disable your account. In addition, we will impose a penalty (amount to be decided by the Dhruva Hosting administration) for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.



IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone website that supports spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.



 8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending DhruvaHosting.com account.



 9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through DhruvaHosting.com service is in violation of this AUP.



 10. Usenet SPAMing: DhruvaHosting.com has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.



 11. Unauthorized access: Use of DhruvaHosting.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DhruvaHosting.com’s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.



12. Collection of personal data: Use of DhruvaHosting.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is violation of this AUP.



 13. Network disruptions and unfriendly activity: Use of DhruvaHosting.com service for any activity which affects the ability of other people or systems to use DhruvaHosting.com Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. DhruvaHosting.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.



 14. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.



 15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.



 16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.



 17. Third Party Accountability: DhruvaHosting.com subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.



 18. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, DhruvaHosting.com has the right to take control of the domain or set of domains that was paid for by the disputed charge. DhruvaHosting.com will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.



19. Abusing or Harming Dhruva Hosting: Dhruva Hosting and its staff intend to provide good service to all its customers. Abusing or defaming the staffs or Dhruva Hosting in anyway is an ingratitude to the hard work of the employees and Dhruva Hosting. Any actions which defame or abuse the staffs, members or services of Dhruva Hosting will be counted as a violation of the User Policy.

20. Payment Disputes: Any payment related dispute should be sorted out with the concerned department of Dhruva Hosting. Dhruva Hosting respects the laws and policies of the payment gateways and processors. So for any dispute opened at the processor or gateway end, Dhruva Hosting will abide by their decision. But if any dispute is opened, the account will be suspended immediately to prevent any misuse of it. The money back offer becomes void from then. If the decision comes in favour of Dhruva Hosting, the resporation of account will need reactvation charges. No backup will be provided in these cases.



 



•  Security



You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.



Your password provides access to your account. It is your responsibility to keep your password secure.



Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.



Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.



You must adopt adequate security measures to prevent or minimize unauthorized use of your account.



You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.



You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.



Users who violate systems or network security may incur criminal or civil liability. DhruvaHosting.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.



 



•  Network Performance and Usage



DhruvaHosting.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.



 Fair usage policy is applicable on shared web hosting and reseller web hosting as a number of users will be sharing the same server. We reserve the right to impose limits if you abuse the server resources.



 User may not abuse the system or network resources; doing so may lead to suspension/termination of your account with/without notice.



 If our system administrators determine that a customer's account is utilizing an unacceptable amount of system or network resources that will affect other users, we may temporarily deactivate the account in question and request the client to upgrade his/her service. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degradation to other clients' services. Dhruva Hosting will be the sole arbiter as to what constitutes a violation of this provision.



Using a shared/reseller web hosting account mainly for hosting/storing/dumping large files or similar is not allowed. (Except in the plans which allow file hosting)



 



User may not, on shared web hosting and reseller web hosting,:



a) use 15% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.



b) run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.



c) run any software that interfaces with an IRC (Internet Relay Chat) network.



d) run/use/store any type of shell script or any malicious script, run bots.



e) participate in any file-sharing/peer-to-peer activities or store music/movie files.



f) run any gaming servers such as counter-strike, half-life, battlefield1942, etc.



g) run cron entries with intervals of less than 15 minutes.



h) use I/O intensive applications which adversely affect normal server operations.



 



User may not, on VPS hosting,:



a) exceed a 15 minute load average of greater than 8.



b) run malicious bots.



c) use I/O intensive applications which adversely affect normal server operations.



 



•  Uptime Guarantee



Dhruva Hosting will maintain an average network uptime of 99.9% or more per year. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared/reseller solutions. Dedicated servers and virtual private servers are covered by a network uptime guarantee. The uptime does not include hardware failures or natural disasters or circumstances which are not in our control.



•  Content



The customer agrees to indemnify and hold harmless Dhruva Hosting from any claims resulting from the use of our services. You are responsible for any data stored on our server.



•  IP Address Ownership



 If Dhruva Hosting assigns Customer an Internet Protocol address for Customer's use, Customer shall have no right to use that Internet Protocol address except as permitted by Dhruva Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Dhruva Hosting shall control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Dhruva Hosting, and Dhruva Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.



•  Money back Guarantee



On dedicated servers and vps no full refund will be honoured. We reserve the right to refund a prorated amount or no refund at all.



Each of Dhruva Hosting's shared, reseller listed on our site carries a money back guarantee except any custom-made plan. Any custom-made plan is not eligible for a refund. If you are not completely satisfied with our services within the mentioned time period of your signup, you will be given a refund excluding domain registration charges (and/or any transaction and/or setup charges if applicable). The refund policy only applies to your first invoice paid to us, and not on any subsequent invoice. No refund is available on upgrades. Remember, this is only for shared or reseller or VPS packages and does not apply to dedicated servers, administrative fees, installation fees for custom software, or domain name purchases.



•  Reseller: Client Responsibility



Resellers are responsible for supporting their clients. Dhruva Hosting does not provide support to our Reseller's Clients. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Dhruva Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.



•  Viotation of this Acceptable User Policy



Dhruva Hosting reserves right to take necessary action if any user is found to violate the terms and conditions. Dhruva Hosting may keep an account suspended for investivation purpose. No refund will be provided for this time period. Dhruva Hosting administration is the sole authority to determine the violations and actions taken against the offender. No dispute will be entertained regarding this issue.



 



REVISIONS TO THIS ACCEPTABLE USE POLICY



 



DhruvaHosting.com reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.



Use of DhruvaHosting.com Service constitutes acceptance and agreement to DhruvaHosting.com’s AUP as well as DhruvaHosting.com’s TOS (Terms of Service).



Signing up for an account at Dhruva Hosting signifies that you have completely read the terms and conditions stated above, fully understand and agree to them.


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