WIPL’s Acceptable Use Policy & Terms of Service.

Preliminaries: M/S. Webspiders Interweb Pvt. Ltd., is a Web Presence Provider. The purpose of this Service Agreement / Service Contract “the Agreement”, “AUP” “Service Contract” is to specify the terms, conditions, and obligations which a customer agrees to accept by the his, her or its conduct of using the Services of WIPL for the registration and renewal of the registration of a domain name, or by opening an account for any of its services with WIPL for such purpose.

1. Definitions: As used in this Agreement, the following terms have the following meanings:

(a) “you” ,”your”, customer and “Subscriber” refer to each customer, that is, each person who avails or subscribes for any of Services from Webspiders Interweb Pvt. Ltd. or its websites.

(b) “we,” “us,”.WIPL and “our” refer to M/s. Webspiders Interweb Pvt. Ltd.

(c) “Services” refers to the domain services, shared hosting services, dedicated servers, or provided by us as offered through Webspiders Interweb Pvt. Ltd. or its websites under the domain names such as It2Ecom.Net or It2Ecom.Com or Brainus.Net or ResellerMarket.Com or HostGuru.Biz or RightMail.Net or WIPL.IN

(d) “Account” means an account opened with WIPL for the registration of domain names or for hosting the websites and related services and the payment for such registrations and other services.

By Ordering at Webspiders Interweb Pvt. Ltd. [WIPL] and any of its associated sites you have to follow & abide by following terms.

This Acceptable Use Policy (“Policy”) describes the proper and prohibited use of WIPL’s Shared Web Hosting services (“Services”) as subscribed to per the Master Service Agreement. This Policy is designed as a guideline and is not exhaustive as such. The policy can be modified from time to time effective upon posting on WIPL’s web site. The Services allow you to develop, publish, and display a web site, store data in a database, send and receive e-mail messages, maintain a bulletin board through which you can interact with the Internet users, and send and retrieve various information. WIPL does not monitor or censor the information you make available or collect through the use of the Services with the exception of systems and network resources monitoring. However,

WIPL will act upon Policy violations when such are discovered during regular monitoring processes or reported to WIPL. WIPL expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette.

As consideration for WIPL’s provision of Services, you agree to abide by the following provisions relating to the acceptable use of your WIPL account.

WIPL reserves the right in its sole discretion to: Revise this Acceptable Use Policy which shall be posted at WIPL’s web site; and Remove any content for any reason, including but not limited to, your violation of any conditions of this Acceptable Use Policy. WIPL’s right to remove inappropriate content under this Policy shall not place an obligation on WIPL to monitor or exert editorial control over the content of your account. You agree not to use or allow access to WIPL services to: 

1. Create or maintain software download or distribution sites or sites created for the purpose of mass distribution of software products. A software distribution site is defined as a site on which 50% or more of total bandwidth (data transfer) is used for programs or binary code downloads.

2. Create or maintain sites that generate system errors or exceptions that disrupt servers’ performance or cause server-wide outages. This includes overriding or avoiding system settings and restrictions imposed by the terms of Services.

3. Create or maintain sites that consume 5 % or more of CPU capacity or use 128 MB of Ram (memory), both physical and virtual combined, on the hosting server.

4. Exceed allowed bandwidth by transferring amounts of data greater than allowed by the terms of purchased Service.

5. Violate any applicable laws, regulations, or other provisions having the force of law, either intentionally or unintentionally.

6. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

7. Employ misleading e-mail addresses or falsify information in any part of any communication.

8. Upload, transmit, disseminate, post, store or post links to any content that: Prohibited from transmitting or posting by law, or by contractual or fiduciary relationship; Facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures; Falsifies origin by forging TCP/IP packet headers, e-mail headers, or any part of a message header, unauthorized monitoring of data or traffic; Interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host either deliberately or by negligence; Infringes or contributes to any infringement of any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party; Is or may be considered unsolicited or unauthorized advertising, promotional materials, or any junk mail, spam, spamvertisements, make money fast schemes, chain letters, pyramid schemes, or any other form of solicitation; Contains viruses, worms, Trojan horses, time bombs, trap doors, or any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Is unlawful, harmful, threatening, abusive, harassing, tortious, unlawful, libelous, defamatory, vulgar, obscene, or invasive of privacy; Is of adult nature, pornographic, or harmful to minors; Promotes illegal activity, including providing instructions for illegal activity, or transmitting, disseminating or offering fraudulent goods, services, schemes or promotions, or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services including use of credit card numbers. Exploits the images of children or discloses personally identifiable information belonging to children.

Policies on Unlimited Disk Space Plans and Defining Unlimited

Webspiders Interweb Pvt. Ltd. is committed in offering you the resources to grow and not charge you for resources such as disk space & bandwidth unless they are exploiting server resources or violating our FUP. Unlimited Plans does not mean you are able to use your hosting in such a way that it negatively affects the server operation for illegal priposes, or or uses the resources in a way that affects our server stability/ performance or other users sharing the resources on the server.

To avoid too much consumption of resources by any single user Webspiders Interweb Pvt. Ltd. has placed limits on the amount of a server’s resources that any given user may consume and the same shall be applicable to you as well. While these are limits, server abuse is not limited to these policies and is up to Webspiders Interweb Pvt. Ltd. ‘s discretion what constitutes server abuse.

On certain web hosting plans, WIPL does not place limits on the amount of particular resources a single client may use. WIPL makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. WIPL monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.

Please note that shared hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, mp4, zip, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund.

Fair Usage Policy : FUP

A Fair Usage Policy (FUP) is necessary to ensure our hsoting servcies are used fairly and our services operate reliably for all our customers. Resources provided on our hosting services are governed by this Fair Usage Policy. We reserve the right to impose reasonable limits to reduce your usage or pair you with other users utilizing the same or nearly the same amount of usage if we believe your excessive usage is afffecting WIPL’s services/systems or other users.

The client whom, in our reasonable opinion that have breached this FUP will be contacted by EMAIL and ask to upgrade his/her plan to a new dedicated server plan to reduce their excessive usage utilization. WIPL may also suspend that client account prior to notify that client if that action is needed to bring stability to our systems/servers. Client suspensions prior to notification by WIPL is rare and is only implemented in extreme circumstances and is intended to prevent the misue of our servers. What is deemed unappropriate or exsessive amount of resources will be determined by a number of factors including but not limited to our policies which includes the following :

Processes

  • Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
  • Consume more than 128 MB of Ram
  • Utilize in excess of 15 seconds of CPU time.
  • Number of open files should not exceed 64.
  • Create core dumps.
  • Number of simultaneous processes should not exceed 10.
  • Execute a script/binary that forks in a way to create a fork bomb.
  • Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
  • Simultaneous IIS/Apache connections may not exceed 50 from one individual source at any given time.
  • Web processes should not fork or spawn subprocesses.

Files and Directories

Inode Limits on our Shared & Reseller Reseller Hosting

An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.

There is currently an limit of 100,000 inodes on our shared accounts.

What is the 100,000 inode limit?

Shared and Reseller servers only allow 100,000 files per cPanel/websitepanel account This is a “hard limit” meaning that while the limit is reached, i.e. the 100,000 file threshold it will no longer be included in our weekly backups. Additionally, if the account happens to exceed 110,000 files then it will be in violation of our Terms of Service and can result in possible suspension.

The total number of inodes in an account may not exceed 100,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.

A directory cannot contain more than 3,000 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.

Database Restrictions at WIPL

  • All users are restricted to 15 concurrent MySQL connections.
  • Database queries should not exceed 3,500 per hour.
  • Database changes (insert/update/delete) should not exceed 1,200 queries per hour.
  • Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by WIPL.
  • Remote database access is for administrative purposes only.

Our attachment limit is 10 MB, you are now allowed to send files in excess of 10 MB.

  • The limit of of outbound mail is set to 25 recipients to maintain the server performance. You are allowed to send maximum 300/mails/hour from your domain.
  • POP connections are limited to 60 per hour.
  • SMTP connections (outbound email connections) are limited to 300 per hour per server account.
  • Mailing lists larger than 300 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
  • Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
  • We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
  • No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.

Policies on Cron Jobs

All cron jobs must be ‘niced’ to 15 or greater
A cron job should not execute more frequently than once every 15 minutes

Service Restrictions

Server Log

No server logs can be provided for the shared hosting account.

Backups

WIPL’s servers are not allowed be used as a backup/storage system and only one cPanel/SiteAdmin backup for that same account is allowed.

Reselling

Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.

Chat Applications

All interactive chat web applications are strictly prohibited on WIPL’s servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides ‘real-time’ chat is not permitted. Shoutboxes, Chatboxes and other web based chat programs other than those specifically provided by WIPL are prohibited.

Adult Content

Under no circumstance is pornography permitted, we do not allow any form of pornography, nudity, sex related content. Any adult-oriented e-commerce stores, and similar are allowed only if the content is legal in the India. WIPL will be the sole arbiter as to what constitutes a violation of this provision. Should you require hosting for adult oriented content, please contact a host who specializes in this hosting realm.

General Policies

  • Search Engine Optimization (SEO) farms or similar are strictly forbidden on WIPL’s servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
  • Banner rotation services and link exchange networks are not permitted.
  • Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
  • Off-site media storage is not permitted.
  • Operating a public mirror site is not permitted.
  • Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
  • Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
  • Bit torrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are forbidden.
  • The operation of gaming servers (such as but not limited to Minecraft, Counter-Strike, Half-Life, battlefield1492) are forbidden.
  • Web spiders and indexers are not permitted.
  • The abovementioned services / web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.

Dedicated Server Management

If the client had opted for server management services from WIPL then WIPL have an authority to curtail the root access of the server for the client. In case, client demands for root access in order to upload any applications or tamper with the server then WIPL will not be responsible for any mishappenings/server failure. The client will be solely responsible for the mishappenings and WIPL will not be liable for any support in order to restore the server to its previous state. WIPL Support team may ask for the appropriate amount, to be paid by client, in order to restore the server (only if the backup is available).

Dedicated Servers

Third party script installation is at client own risk. WIPL will not be responsible for any data loss/ security issues that occur due to the third-party software that client install at their end or get them installed by WIPL team.

Reseller hosting

WIPL will not entertain reseller’s clients’ queries, if resellers want their end users to be entertained by WIPL then there’s a separate fee to be paid by reseller which can be obtained with the Sales team of WIPL upon request

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a family member, guest, friend, or your employee. Therefore, you must take proper 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 try to gain unauthorized access to another network or server.

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

Sharing your account access and passwords 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.

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

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

You may not attempt to circumvent user authentication or security of any host, account or network. 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, however are not limited to cracking tools, password guessing programs or network probing tools.

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

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

Network Performance

WIPL accounts operate on shared resources. Excessive use/abuse of these shared network resources by one customer may have a negative impact on all other subscribers or 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.

All Unlimited Disk Space Plan & Reseller Hosting Customer agrees that he/she shall not use more than 7% of CPU processing and /or More than 128 Mb of RAM on any of WIPL Shared hosting servers. Any violation of this policy may result in corrective action by WIPL, in its sole reasonable discretion, including assessment of additional standard charges, disconnection or discontinuance of any and all services, or termination of this service.

You are prohibited from excessive consumption of resources, including CPU time, disk space, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of WIPL systems or networks. WIPL reserves the right to terminate or limit such activities.

If WIPL determines that you have violated the terms of this Acceptable Use Policy, that determination, made at WIPL sole discretion, is grounds for immediate termination of your WIPL account without notice or penalty to WIPL Jurisdiction and governing law

The laws of India only and no other nation shall govern these terms.

The Parties agree to submit to the exclusive jurisdiction of the Courts located in Jaipur (Rajasthan) India as regards any claims or matters arising under or in relation to these terms and conditions.

TOS

Disclosure to Law Enforcement:

Our TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition WIPL shall have the right to terminate all service set forth in this Agreement.

Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month/year for that month’s service. The above applies to all accounts and services provided by WIPL.

Payments and Fees:

Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a Rs.2500 reconnect charge. Accounts not paid by due date are subject to a Rs.500 late fee for shred hosting, Rs.1000 for Reseller Hosting & Rs.2500 for each dedicated server. Accounts that are not collectable by WIPL may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:

All payments to WIPL are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges, any sort of service or billing disputes must be reported with the service agreement within 30 days of the time the dispute occurred.

Failure to Pay:

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. End customers affected by a resellers failure to pay their dues, will be able to contact WIPL and receive service directly only after the servers have been canceled.

Account or Server Cancellation:

All requests for canceling accounts must be made in writing with at least 7 days prior written notice (or Helpdesk ticket submission) and sent to WIPL helpdesk at https://mywipl.com/portal/ from your registered email id used while ordering the same service for which cancellation is being made. Account cancellations from any other email id would not be accepted and continued to be billed

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries:

WIPL, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: WIPL provides support related to your server or virtual site physical functioning. WIPL does not offer tech support for application specific issues such as asp/asp.net/cgi/python/or any other programming, html or any other such issue. We only provide support on the softwares we installed during the server setup and provided by us, the support for the same is subject to the support policy of the principle software developers. WIPL does not provide technical support for YOUR customers. If you can email, we encourage you to email
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for assistance, we also encourage you to check our extensive knwoledgebase area for finding support on this.

Spam:

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected 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. Users found to be conducting unsolicited mass mailing will be fined an additional Rs.10,000 Penalty. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

You agree that if your agent (i.e. and Internet Service Provider, Web design company, employee, etc) purchased the services of the Company on your behalf, you shall nonetheless be bound as a principal by all the terms and conditions herein.

Other Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by customer/Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

WIPL takes no responsibility for any material input by others and not posted to the WIPL Network by WIPL. WIPL is not responsible for the content of any other websites linked to the WIPL Network; links are provided as Internet navigation tools only. WIPL disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

WIPL is not responsible for any damages your business may suffer. WIPL does not make implied or written warranties for any of our services. WIPL denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WIPL.

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as WIPL’s customer, are solely responsible for the content stored on and served by your WIPL server.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

WIPL may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships WIPL has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by WIPL and not by the Third Party Vendor. Neither WIPL nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from WIPL or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither WIPL nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and WIPL with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

Jurisdiction

The laws of the Republic of India shall govern this agreement

In any event of dispute the area of Jurisdiction would be Jaipur only.

Acknowledgement

By placing, hiring and continuing to maintain or place information at WIPL’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

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