Acceptable Use Policy

Acceptable Use Policy

Pugmarks Hosting (A Pugmarks Enterprise) has a zero tolerance policy for Spam, pornography, and warez. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service.

Content Disclaimer

Pugmarks Hosting (A Pugmarks Enterprise) does not review pages for content before they are posted and does not verify, endorse, or otherwise take responsibility for the content of any user-created pages. However, we reserve the right to remove any page from our servers, which we determine is violating our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site. If a recognized authority rules that a Pugmarks Hosting user or customer is violating trademark, copyright or any other law, Pugmarks Hosting would have a right to remove the entire website in case the cusomer does not comply immediately. No refund will be due to the client in such a case.

Termination of services

Pugmarks Hosting (A Pugmarks Enterprise) may terminate user accounts and delete any and all user information for conduct that Pugmarks Hosting believes is harmful to the business of Pugmarks Hosting or to any of its users or partners or on ruling of a recognised authority. Pages found violating these items may be subject to immediate deletion and removal from our servers, and their Webmasters subject to banishment from the Pugmarks Hosting network. The folloWing is a nonexclusive list of content and behaviors that are UNACCEPTABLE on Pugmarks Hosting network.

• Content that contains or contains links to nudity, pornography, adult content, sex, extreme violence, or foul language.
• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
• Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize Pugmarks Hosting resources, including e-mail addresses, for Spam are also subject to prosecution to the fullest extent of the law.
• Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
• Content that is racist, or otherwise extremely offensive to others, including content, which aggravates, harasses, threatens, defames, or abuses others.
• Sites that exploit images of children less than 18 years of age.
• Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
• Content that provides, sells, or offers to sell the folloWing: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others’ property, or to harm any people or animals.
• Content that takes part in, or allows any third party to take part in, the folloWing: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual pass working of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.

No Warranties

Pugmarks Hosting is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. Pugmarks Hosting makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such downtimes unless specifically covered under a written Service Level Agreement (SLA) with the client.

• Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the Pugmarks Hosting resources and infrastructure at their own risk. Neither Pugmarks Hosting nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this service.
• Pugmarks Hosting and its partners make no guarantee of the accuracy, correctness, or completeness of any information on this Web site and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by Pugmarks Hosting.
• Pugmarks Hosting may also link to or include on its Web site resources and information provided by third-party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your Web site and provide added value to our service.
• You agree to indemnify Pugmarks Hosting, its owners, promoters, employees and its partners against any and all claims and expenses, including attorneys’ fees, arising from the your use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your Web site.
• Because Pugmarks Hosting sites are hosted by Exodus, Exodus reserves the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs hosted by Exodus for use in their projection of Exodus’ overall traffic.

Right to change

Pugmarks Hosting reserves the right to amend or change these guidelines at any time without notice. This Acceptable Use Policy and any disputes arising out of or related to the Service and the Pugmarks Hosting Sites shall be governed by, and construed and enforced in accordance with, the laws of USA and India as applicable.

General Violations

• Copying/duplicating the Licensed Product or creating subsets or derivative databases from the Database, except for personal use only.
• Assigning, selling or passing along the Licensed Product.
• Publishing or otherwise disseminating the Licensed Product or creating subsets or derivative databases from the Database for commercial use or sale.
• Providing services for a fee using the Licensed Product or any subsets or derivatives thereof.
• AlloWing data from the Licensed Product to be made available to others or downloading the Licensed Product onto any electronic storage media or distributing or transferring the Database or Search Results in any form (printed, electronically relayed, posted to public list services or bulletin boards, or magnetically stored) to, or for the benefit, of others.
• Unauthorized distribution of passwords and/or access codes is strictly prohibited.
• Institutional users should contact their Site Administrator regarding the General Terms and Conditions of their License Agreement.
• Adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or mislead.
• Attempting to impersonate any person by using forged headers or other identifying information.
• Any activities which adversely affect the ability of other people or systems to use Pugmarks Hosting services or the Internet are prohibited. This includes “denial of service” attacks against the Pugmarks Hosting servers, network hosts or individual user.
• Sending unsolicited commercial e-mail. Using a Pugmarks Hosting e-mail or Website address to distribute commercial e-mail is prohibited.
• Sending large volumes of unsolicited e-mail (aka “mail bombing” or “Spamming”) is prohibited.
• Attempting to circumvent user authentication or security of any host, network, or account (aka “cracking”) is strictly prohibited. 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, or probing the security of Pugmarks Hosting servers and networks.
• Using any program/script/command, or sending messages of any kind, designed to interfere with a User’s session, by any means, locally or by the Internet.

Enforcement

Pugmarks Hosting reserves the right to monitor Internet access to the Pugmarks Hosting services by authorized User(s)/Licensee(s), as part of the normal course of its business practice. Should FBI or any other investigating or government agency discover User(s) engaged in Prohibited Actions as outlined above, which create denial of access or impediment of service, and which adversely affect Pugmarks Hosting ‘ ability to provide services, Pugmarks Hosting reserves the right to temporarily suspend User/Licensee access to the Pugmarks Hosting Host Server and/or Database. Pugmarks Hosting shall make written/electronic notification to User or Licensee point of contact of any temporary suspension, and the cause thereof, as soon as reasonably possible. This temporary suspension will remain in effect until the Prohibited Actions have ceased or remedied.

Governing Law; Dispute Resolution

This Agreement is made under and will be governed by and construed in accordance with the laws of IL USA or India, as applicable. The parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this Agreement. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or breach thereof, shall finally be settled by arbitration. There will be three (3) arbitrators (the Arbitration Tribunal), the first of which will be appointed by the claimant in its notice of arbitration, the second of which will be appointed by the respondent within thirty (30) days of the appointment of the first arbitrator and the third of which will be jointly appointed by the party-appointed arbitrators within thirty (30) days thereafter. The language of the arbitration shall be English. The Arbitration Tribunal will not have the authority to award punitive damages to either party. Each party shall bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal. This Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be held in Chandigarh, India ,as applicable. Notwithstanding the foregoing, claims for preliminary injunctive relief, other pre-judgment remedies, and claims for Customer’s failure to pay for Services in accordance with this Agreement may be brought in a court of law over the subject matter and parties.

Mass Mailing

Shared hosting plans are for “average” use. If you need to send a “high-volume” of emails to customers at one time, or have a large email distribution list for any “Mass Mailings”, DO NOT USE YOUR ACCOUNT’S SMTP SERVER FOR THIS and/or do not attach to the email any email address.

Mass Mailing is taxing on server resources and is prohibited on Shared hosting plans.We consider a “Mass Mailing” as Newletters, Advertisements etc. (Daily,Weekly & Monthly).

Mailing lists must be double opt-in system. Users must signup and confirm their intent to opt-in before they are subscribed.

NOTE: Your individually used POP accounts and their individually sent and/or received emails have no restriction.

Violation of these bulk email terms will result in a kind notification and then, if not rectified would result in suspension of all services. If you have any queries, please contact at support@pugmarks.in