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This
Dotwise E-Solutions Acceptable Use Policy ("AUP")
describe the proper kinds of conduct and prohibited
uses of Dotwise E-Solutions's hosting services (the
"Services"). This AUP is not exhaustive
and Dotwise E-Solutions reserves the right to modify
this AUP at any time, effective upon posting of the
modified AUP at www.dotwisdom.com. By registering
for and using the Services, and thereby accepting
the terms and conditions of this AUP, you agree to
abide by these conditions as modified from time to
time. Any violation of the AUP may result in the suspension
or termination of your account or such other action
as Dotwise E-Solutions deems appropriate. |
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| Any attempt
to undermine or cause harm to a server, or customer,
of Dotwise E-Solutions is strictly prohibited.
Unauthorized use of other people's
accounts or computers Dotwise E-Solutions will strongly
react to any use or attempted use of an Internet account
or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking
other people into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of accounts
or computers by a Dotwise E-Solutions customer, whether
or not the attacked account or computer belongs to
Dotwise E-Solutions, will result in action against
the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the
attack.
IMPORTANT NOTE -
Dotwise E-Solutions has the right to discontinue service,
or deny access to anyone who violates our Policies
or the terms and conditions shown below WITHOUT WARNING
OR PRIOR NOTICE. No refunds of fees paid will be made
if account termination is due to violation of the
terms outlined below. No files located on the offending
account will be retrievable.
Customers may not run IRC, bots or
clients on shared servers. Unacceptable uses also
include, but are NOT limited to: Bulk emailing, unsolicited
emailing's, newsgroup spamming, illegal content, copyright
infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined
by Dotwise E-Solutions to be unacceptable use of Dotwise
E-Solutions's services including abuse of server resources.
All hosting accounts may be terminated
that include the following content or which have links
to the following content:
- Providing material that is grossly offensive
to the Web community including blatant expressions
of bigotry, racism or hatred.
- Promoting or providing instructional information
about illegal activities, or promoting physical
harm or injury against any group or individual.
- Displaying material that exploits children under
18 years of age.
- Acts of copyright infringement including offering
pirated computer programs or links to such programs,
information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration
numbers for software programs, or any type of cracker
utilities.
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Each plan with
Dotwise E-Solutions comes with a pre determined bandwidth
usage amount. In the event that your account exceeds
the bandwidth limitations included with your account
you will be billed at the amount specified in the
account details.
You will receive a notice on Tuesday morning detailing
your bandwidth usage.
You will have 7 days to visit your
control panel to pay for your overages. If you do
not pay for your overages your site will be disabled
within 7 days of your first notice. |
Each shared Unix
web hosting account comes with its own cgi-bin, in
which you are free to use any* CGI scripts you wish.
All CGI scripts (Perl scripts with a .pl or .cgi extension)
intended for use on shared Windows 2000 web hosting
accounts are subject to approval by our NT Administrators.
*See the Server Resource Abuse section. |
| We do not allow
clients to install their own chat rooms within a shared
hosting account, without approving it with the Dotwise
E-Solutions Support Team. Most chat rooms tend to
be large system hogs and we cannot allow it as an
account option. However, we do provide a choice of
Java chat rooms for a small extra charge that will
more than fill your needs and run without hindering
the performance of the machine for others. Note: Parachat
chat rooms do not apply to this rule. They are perfectly
fine to install. |
| We do not allow
clients to send more than 2000 pieces of e-mail per
day from a shared hosting account. If you do send
more than 2000 pieces of e-mail per day, your account
will be placed on hold for Network Abuse. If you are
sending legitimate e-mails and they total more than
2000 per day your account will be moved to a special
server that is specifically designed to handle high
volumes of e-mail. You will be charged RS 2500/month
in addition to your regular hosting charges if your
account is moved to this server. Please contact support@dotwisdom.com
to have your domain moved. |
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra
charge will be incurred based on system resources used
and operational maintenance needed. (this section does
not apply to managed dedicated servers) |
We currently do not allow IRC IRC clients or IRC bots
to be operated on any of our servers. In addition, IRC
servers are not permitted on our network. Anyone found
to be in violation of this policy risks immediate account
termination. |
You will not exceed the bandwidth, storage and E-mail
usage limits outlined by your particular web hosting
package. If you use any bandwidth or storage space in
excess of the agreed upon number of megabytes per month
or if you exceed E-Mail storage and attachment size
limitations, Dotwise E-Solutions may, in its sole discretion,
assess you with additional charges. If Dotwise E-Solutions
elects to take any corrective action, Dotwise E-Solutions
will not refund any unused pre-paid fees. Your use of
your account and access to it is your responsibility.
You are responsible for any unauthorized access to your
account resulting in bandwidth, storage and/or E-mail
usage exceeding the limits outlined in your particular
web hosting package specifications and resultant charges. |
Material accessible to you through Dotwise E-Solutions's
services may be subject to protection under the United
States, Canada, or other copyright laws, or laws protecting
trademarks, trade secrets or proprietary information.
Except when expressly permitted by the owner of such
rights, you must not use Dotwise E-Solutions or its
servers and network in a manner that would infringe,
violate, dilute or misappropriate any such rights, with
respect to any material, which you access or receive
through the Dotwise E-Solutions network. If you use
a domain name in connection with Dotwise E-Solutions
or similar service, you must not use that domain name
in violation of any trademark, service mark, or similar
rights of any third party. |
Customers may not use the Dotwise E-Solutions network
with an 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
the customer, logging into a server or account the customer
is not expressly authorized to access, password cracking,
probing the security of other networks in search of
weakness, or violation of any other organization's security
policy. Customers may not attempt to interfere or deny
service to any user, host, or network. This includes,
but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network.
Dotwise E-Solutions 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.
Users who violate system or network security may incur
criminal or civil liability. You are solely responsible
for any security breaches affecting servers or accounts
under your control. If your server or website is responsible
for or involved in an attack on or unauthorized access
into another server or system, Dotwise E-Solutions will
shut it down immediately. You will pay any charges resulting
from the cost to correct security breaches affecting
Dotwise E-Solutions or any of its other customers. |
You will be solely responsible for the development,
operation and maintenance of your online store and products
and all contents and materials appearing online or on
your products, including without limitation (a) the
accuracy and appropriateness of content and materials
appearing within the store or related to your products,
(b) ensuring that the content and materials appearing
within the store or related to your products do not
violate or infringe upon the rights of any third party,
and (c) ensuring that the content and materials appearing
within the store or related to your products are not
libelous or otherwise illegal. You will be solely responsible
for the final calculation and application of shipping
and sales tax. You will also be solely responsible for
accepting, processing, and filling any customer orders,
and for handling any customer inquiries or complaints
arising there from.
You are also responsible for the security of any
customer credit card numbers and related customer
information you may access as a result of conducting
electronic commerce transactions through your Web
Site. You will keep all such information confidential
and will use the same degree of care and security
as you use with your confidential information.
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You expressly (i) grant to Dotwise E-Solutions a license
to cache the entirety of your Web Site, including content
supplied by third parties, hosted by Dotwise E-Solutions
under this Agreement and (ii) agree that such caching
is not an infringement of any of your intellectual property
rights or any third party's intellectual property rights. |
Dotwise E-Solutions shall maintain and control ownership
of all IP numbers and addresses that may be assigned
to you by Dotwise E-Solutions and Dotwise E-Solutions
reserves, in its sole discretion, the right to change
or remove any and all such IP numbers and addresses.
IP Address usage must be justifiable, as per ARIN
guidelines. Justifiable uses are listed below
SSL Encryption - Service Domain - Virtual FTP server
- Anonymous FTP server.
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| DIGITAL MILLENNIUM COPYRIGHT ACT |
Notice and Procedure for Making Claims of Copyright
Infringement
Pursuant to Title 17, United States Code, Section
512(c)(2), all notifications of claimed copyright
infringement on the Interactive-Hosting system or
Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY
FOR NOTIFYING Dotwise E-Solutions THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU
MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE
MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES
INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY
COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT
OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY
ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT
INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE
OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.)
TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE
A RESPONSE IF SENT TO THAT CONTACT.
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| Written notification must be
submitted to the following Designated Agent: |
Dotwise E-Solutions
cc:Copyright
Pondicherry, Pondicherry,
India.
copyright@www.dotwisdom.com |
Under Title 17, United States Code, Section 512(c)(3)(A),
the Notification of Claimed Infringement must include
the following:
1. Physical or electronic signature of a person authorized
to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed
to have been infringed or a representative list if
multiple works are involved.
3. Identification of the material that is claimed
to be infringing that should be removed or access
to disabled and information reasonably sufficient
to enable the online service provider to locate the
material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the
online service provider to contact the complaining
party (address, phone number, e-mail address).
5. Statement that the complaining party has "a
good faith belief that use of the material in the
manner complained of is not authorized by the copyright
owner, its agent or the law."
6. Statement that the information in the notice is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the copyright
owner.
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Dotwise E-Solutions reserves the right to refuse service
to anyone. Customers may only use Dotwise E-Solutions
servers for lawful purpose. Transmission of any material
in violation of any Federal, State, Provincial or Local
regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged
to be threatening or obscene, and material protected
by trade secrets. The designation of any materials as
such described above is left entirely to the discretion
of Dotwise E-Solutions management. Regardless of the
place of signing this agreement, the client agrees that
for purposes of venue and jurisdiction this contract
was entered into and performed in Your City, Your State,
and any dispute will be litigated or arbitrated in Your
City, Your State. Customer further waives all objections
to venue or jurisdiction and acknowledges that venue
and jurisdiction in any such litigation will be held
in Shelburne County Courts. IN NO EVENT SHALL Dotwise
E-Solutions'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED
($500.00) DOLLARS. |
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD Dotwise E-Solutions HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Dotwise
E-Solutions, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY
PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR
ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS Dotwise E-Solutions AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED
BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION
WITH Dotwise E-Solutions'S SERVER; (2) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING
ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT
INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM Dotwise E-Solutions'S SERVER. |
Dotwise E-Solutions WILL NOT BE RESPONSIBLE FOR ANY
DAMAGES YOUR BUSINESS MAY SUFFER. Dotwise E-Solutions
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED
FOR SERVICES WE PROVIDE. Dotwise E-Solutions DISCLAIMS
ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY Dotwise E-Solutions AND ITS
EMPLOYEES. Dotwise E-Solutions RESERVES THE RIGHT TO
REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS
FOR IMMEDIATE ACCOUNT DEACTIVATION.
THREATS/ABUSE AGAINST THE NAME, SERVERS, AND ALL
THEREIN, OF Dotwise E-Solutions SHALL BE DEALT WITH
TO THE FULL EXTENT OF THE LAW, THIS INCLUDES PACKAGE
CLONING, NAME CLONING, WRONGFUL SUGGESTED AFFILIATION,
MISLEADING MENTION OF AFFILIATION, IMAGE CLONING/STEALING,
HTML CODE CLON
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