I. This Acceptable Use Policy (“AUP”) governs the usage of services provided by Esconet Technologies (“ZeaCloud®”) pursuant to the Master Services Agreement entered between ESCONET and the Customer.
The terms not specifically defined herein shall have the meanings ascribed to them in the Master Services Agreement.
II. This AUP is integral part of the Master Services Agreement and Service Level Agreement for availing the services of or accessing ZeaCloud®.
III. This AUP is in the interest of the Customer. Availing of Services by the Customer constitutes implicit acceptance of this AUP.
IV. All hosting services provided by ZeaCloud® owned by ESCONET shall be used by the Customer for lawful purposes only, and as per the applicable laws enacted and guidelines issued by the Government of India, during the enforcement of the Master Services Agreement between the customer and Esconet. Transmission, usage, storage, or presentation of any information, data or material in violation of applicable laws including the ‘banned contents’ is strictly prohibited. The ‘banned contents’ include but are not limited to:
i. Illegal Material - Includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material that violates any applicable law or regulation of any country, and any material that is perceived to be misleading in any manner.
ii. Warez - Includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and the like, and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.
iii. Proxy - Any proxy set-ups or connections or any sort of activity through remote proxy connections on our hosting and/or in relation to our Colocation services.
iv. Internet Relay Chat (IRC) Hosts – (Hosting an IRC server that is part of or connected to another IRC network or server) Servers, found to be (a) connecting to or (b) part of these networks;
v. Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, or that may give an individual, business, product, services, group, government or nation a negative image.
vi. Bit Torrents - Use of software and scripts for "bit torrents" including sending or receiving files using these mechanisms.
V. Adult Content - ZeaCloud® does not allow pornographic or sexually explicit images or videos and or anything prohibited by the laws of the land to be hosted on its servers.
VI. UNDERTAKING BY THE CUSTOMER - The Customer agrees and undertakes that;
i. Any attempt to undermine or cause harm to any of the servers of ZeaCloud® is strictly prohibited. ZeaCloud® shall take no responsibility for the use of its clients' accounts by the Customer.
ii. In case of abuse of the resources provided by ZeaCloud®, in any way, ZeaCloud® reserves the unquestioned right to immediately deactivate the Customer’s account, without any refund whatsoever.
iii. Denial of Service (DOS) attacks directed at ZeaCloud®, or any attempt to launch a DOS attack from ZeaCloud® servers are strictly prohibited. All infractions and or suspected infractions and or violations will be thoroughly investigated and may result in immediate termination of Customer’s account.
iv. In case the Customer is, in any way, disrespectful towards any member of ZeaCloud® or its staff, ZeaCloud® shall have full right to terminate Customer’s account, without any refund whatsoever.
v. ZeaCloud® will use reasonable efforts to protect its Infrastructure from various internal or external threats. ZeaCloud® shall not be responsible for customer’s data. Customer shall own and protect it’s own data. Customers can avail Backup-as-a-Service from ZeaCloud® which shall create additional copies of data on-site and/or offsite at additional cost.
vi. It shall be responsible for any misuse of its account and it must take steps to ensure that others do not gain unauthorized access to its account. It shall not use its account to breach the security of another account or attempt to gain un-authorized access to another network or server.
vii. Its password provides access to its account and it is responsible to keep its password secure.
viii. Sharing its password and account access with unauthorized users is strictly prohibited. It will take care and prevent others from using its account. It will be responsible for all consequences of others using its account.
ix. Attempting to obtain another user's account password is strictly prohibited and will result in termination of Services by ESCONET.
x. It shall adopt adequate security measures to prevent un-authorized use of its account.
xi. It shall not attempt to circumvent user authentication or security of any host, network or account which includes but is not limited to accessing data not intended for it, logging into or making use of a server or account. It is not expressly authorized to access, or probe the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Such tools shall include but are not limited to password guessing programs, cracking tools or network probing tools.
xii. It shall not attempt to interfere with services provided to any user, host or network or carry out DOS attacks which includes but is not limited to "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
xiii. Users who violate systems or network security may incur criminal or civil liability. ZeaCloud® 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.
xiv. It shall complete its own tests for computer viruses in accordance with best computing practice prior to each operational use of the Services.
xv. Customer shall not use ZeaCloud® infrastructure for bridging in any way, any VoIP network with any PSTN network. The Customer will not establish any connection to any
public switched Network (i.e. telephone voice network) in India and shall not use any dial up lines with outward dialling facility from ZeaCloud®.
xvi. Customer acknowledges that it shall not establish any interconnectivity between ISPs for the purposes of offering Internet Telephony Services
VII. MATERIALS AND PRODUCTS
i. ZeaCloud® shall exercise no control whatsoever over the content of the information passing through the network or on the Customer's websites except for standard firewall rules with an intention to protect its infrastructure.
ii. Use of any information obtained by way of ZeaCloud® is at the Customer's own risk, and ZeaCloud® specifically denies any responsibility for the accuracy or quality of information obtained through its services.
iii. Connection speed represents the speed of connection to ZeaCloud® and does not represent guarantees of available end to end bandwidth. ZeaCloud® can only guarantee within its controlled network, availability of bandwidth to Customer's subscribed Committed Information Rate".
VIII. ZeaCloud® is under no obligation to edit, review or modify the contents of the Customer's website. For the avoidance of doubt, ZeaCloud® shall not pro-actively monitor messages that are posted on the sites managed by ZeaCloud®.
IX. The Account of the Customer found to be using the Services for any of the purposes contained in Clause (IV) (i), above shall be terminated without any notice.
X. The first offense committed by the Customer in respect of Proxy as set out in Clause IV (iv), above will result in immediate suspension of their account. A second violation by the Customer in this regard will result in immediate termination of its account.
XI. Servers found to be (a) connecting to, or (b) part of another IRC network or server will be immediately removed from ZeaCloud® network, without notice. Such servers will not be reconnected to the network until such time that all traces of the IRC server are completely removed, and the Customer allows access to its server to confirm that the content has been completely removed.
i. The Customer agrees that it shall fully and effectively defend, indemnify, save and hold ESCONET harmless from any and all demands, liabilities, losses, costs, actions, proceedings, expenses (including legal expenses), liabilities and/or claims, howsoever suffered or incurred directly or indirectly by ESCONET, its agents, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns (a) in connection with their use of the Services, and/or
(b) as a consequence of the Customers breach or non-observance of its obligations set out in this AUP.
ii. The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against ESCONET arising from breach or breaches of its obligations set out in this AUP. ESCONET may in its absolute discretion defend such claims and may compromise such claims without the consent of the Customer. The Customer shall provide ESCONET with the assistance necessary, or as required by ESCONET, to defend such claims, at the Customer’s sole expense.
XIII. Other Acceptable Use Policies may apply to you
This AUP incorporates policies from other entities who provide products through us to you. These policies are “passed through” to you by this AUP. You are strongly encouraged to review these policies prior to agreeing to be bound by this AUP. We will provide you with information about these policies on request.
ZeaCloud® is free to modify or amend this policy at any time without prior notice and inform its customers in writing.