Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is intended to help enhance the use of the Internet by preventing unacceptable use. Please refer to your Terms of Service for terms and conditions applicable to your Internet Service.

PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS POLICY. IF YOU DO NOT WISH TO BE BOUND BY THIS AUP, YOU MAY NOT ACCESS OR USE THE SERVICE.

This AUP applies to Managed Services, Connectivity, Datacentre and Professional Services (“Services”) provided by METAEDGE and its affiliates (“Service Provider”). Your use of these Services indicates your acceptance of and agreement to abide by this Acceptable Use Policy. It is designed to help protect the Service, Service Provider employees, customers, and community from irresponsible or illegal activities. Service Provider may modify this AUP from time to time. In the event of any inconsistency between Service Provider Acceptable Use Policy and the terms of any service agreement, this Acceptable Use Policy shall govern and control.

1. GENERAL POLICY

Service Provider reserves the right in its sole discretion to deny or restrict your use of the Services, or immediately to suspend or terminate your Services, if the use of your Services by you or anyone using it, in our sole discretion violates your Terms of Service or other Service Provider policies, is objectionable or unlawful, interferes with the functioning or use of the internet or Service Provider network by Service Provider or other users or violates the terms of this AUP.

2. ILLEGAL AND PROHIBITED USE

This section is used to address actions, content and or practices that are prohibited by law and by rules set forth by the Service Provider. Please review the sections below before using Service Provider’s Services or networks. The restrictions are not negotiable. Not all Services provided by Service Provider are listed or mentioned but are bound by this document.

All hosting services provided by Metaedge shall be used by the Customer for lawful purposes only, and as per the applicable laws (including but not limited to privacy laws). 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:-

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.
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.
HYIP – HYIP sites, or sites that link to or have content related to HYIP sites.
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.
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;
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.
Bit Torrents – Use of software and scripts for “bit torrents” including sending or receiving files using these mechanisms.

Users found to engage in activities that Service Provider determines, in its sole discretion, are in violation of this AUP will have their accounts suspended. Violators may also be subject to any appropriate legal action and/or consequences. Service Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected illegal activity or civil wrong. Activities or use of Services considered by Service Provider to be a violation of this AUP include but are not limited to the following:

Post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred, terrorism or racism; or which might be legally actionable for any reason;
Post, transmit, download or view any material whatsoever pornographic in nature involving actual images of children or minors or digitally or otherwise artificially created or manipulated images of children or minors, or any material whatsoever that may be deemed obscene under applicable law;
Access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of Service Provider or any other entity, or to attempt to penetrate or penetrate security measures of Service Provider or other entities’ systems (“hacking”) whether or not the intrusion results in corruption or loss of data,
Introduce viruses, worms, harmful code and/or Trojan horses on the Internet.
Violate Service Provider or any third party’s copyright, trademark, proprietary or other intellectual property rights, including trade secret rights.
Use any name or mark of Service Provider, its parent, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner.
Use, the Service or the Internet in a manner intended to threaten, harass, intimidate or terrorize.
Make false or unverified complaints against any Service Provider subscriber, or otherwise abusing any of Service Provider complaint response procedures,
Indirect or attempted violations of this AUP,
Reselling of service provided by Service Provider without the Service Provider´s prior authorization.
Services used to transmit, retransmit, distribute, post, or store any material that in the judgment of Service Provider is threatening, defamatory, or otherwise objectionable, including but not limited to child pornography and advocating unlawful activity against any persons, animals, governments or businesses. Harassment of users, employees, or of others will not be tolerated.
Actions and/or Services prohibited by federal, state and local law.
Distribution, posting, copying or dissemination of copyrighted material, including but not limited to movies and/or music.
Inhibiting any other person’s use of the service provided by Service Provider is prohibited and Participation in illegal gambling, lottery or other similar activities.
Transmission of scams such as Making fraudulent offers.
The attempt to access the accounts of other or other computers and/or networks to penetrate security measures, whether or not the intrusion results in damage. Service Provider reserves the right to limit, restrict and/or prohibit Services it provides to customers, as Service Provider determines necessary. The restrictions mentioned apply to all users unless specifically documented.

3. MATERIALS AND PRODUCTS

Metaedge shall exercise no control whatsoever over the content of the information passing through the network or on the Customer’s websites.

Use of any information obtained by way of Metaedge is at the Customer’s own risk, and Metaedge specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Connection speed represents the speed of connection to Metaedge and does not represent guarantees of available end to end bandwidth. Metaedge can only guarantee within its controlled network, availability of bandwidth to Customer’s subscribed Committed Information Rate.

4. EMAIL

The Services may not be used to transmit, retransmit, or distribute by e-mail or any other method any material that violates any condition of this AUP in the sole judgment of ISP.

Activities considered by Service Provider to be a violation of this AUP are as follows, but are not limited to:

Any unsolicited e-mail, whether commercial or otherwise, including, but not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts.
Solicited e-mail that contains material that otherwise violates this AUP or any e-mail that falsifies the address or other information; harassing e-mail, whether through language, frequency, or size of messages.
E-mail relayed without the express permission of that site, service, system or network. Or E-mailing the same or similar messages to one or more newsgroups (also known as “cross posting” or “multiple posting”).
E-mail containing false or misleading statements, claims, or representations.

5. SPAM

Service Provider has a “zero tolerance” policy for SPAM. Any User of Service Provider Services found to be actively distributing or engaged in the mass distribution of unsolicited emails without consent of the intended receiver may have their account(s) suspended.

You may not use the Service or any Equipment or Software provided by the Service Provider:

To send e-mail of a personal, bulk or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, except to those who have requested such e- mails via a confirmed opt-in subscription process maintained by you.
To send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from you.
To collect or receive responses from unsolicited e-mail messages (even if such e-mail was sent from accounts on other Internet service providers or e-mail Services) that violate the Agreement or this Acceptable Use Policy or the terms of use under the other Internet service provider or e-mail service from which it was sent.
To conduct “mail bombings” (e.g., to send more than ten copies of the same or substantially similar message, or to send very large messages or files, with the intent of disrupting a server or account).
To harvest e-mail addresses or personal information of other Service Provider subscribers or the subscribers of any other network.
To use another Internet site’s mail server to relay mail without the express permission of the owner of that Internet site.
To use e-mail or the internet in violation of federal law or the rules of the Federal Communications Commission.

6. UNAUTHORIZED SHARING

You agree not to allow others to use any of the Services provided including, but not limited to, sharing your account user name and password, dial-up access, or broadband access via any type of networking device (router, gateway, wireless access point, etc.). You may at your own risk and responsibility permit other members of your work to access the Services and utilize some networking devices approved by the provider for use within work only. You as the account holder shall ensure that other such users are aware of and comply with these terms of use, and you agree to be held responsible for any activity or use of the Services on that account, whether or not authorized by you.

7. COMMERCIAL USE

Re-selling Service Provider’s Services or offering use of Service Provider’s Services for adding value to a commercial entity without Service Provider’s authorization is prohibited. Service Provider’s Services are designed for the account holder’s use of the Internet and may not be used for commercial purposes without the Service Provider’s explicit consent.

You also agree not to use Service Provider’s Services for operation as an Internet Service Provider (ISP), or for any other business enterprise including, without limitation, IP address translation or similar facilities intended to provide access, operating or allowing others to operate servers of any type, or any other device, equipment and/or software providing server- like functionality in connection with Service Provider’s Services, unless expressly authorized.

8. OTHER

Other Services not specifically listed in this AUP but that are provided by Service Provider are bound by this AUP.

9. SYSTEM & NETWORK SECURITY

Violations of system or network security are prohibited and may result in criminal and civil liability. Service Provider will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Port scanning, probes, data capture, denial of service, access of restricted systems. Attempted access of systems not previously given access to.
Anything deemed “hacking” or “cracking” to the systems, network or users.
Unauthorized access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans, or flood pings).
Unauthorized monitoring of data or traffic.
Interfering with service to any user, host, system or network. Conducting denial of service attacks.
Any attempt to disrupt service, including, but not limited to, distributing or introducing viruses, worms, or other harmful software.
Access by using artificial means, involving software, programming, or any other method.

10. COPYRIGHT INFRINGEMENT/REPEAT INFRINGER POLICY

Service Provider respects the intellectual property rights of third parties, including those granted under Indian copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Service Provider ‘systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under Indian copyright laws. In accordance with the applicable law, it is the policy of Service Provider to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers.

You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data.

You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with Service Provider and provide requested information in connection with all security and use matters. You agree to notify Service Provider promptly if you suspect unauthorized use of the Service or of your User-ID. Service Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the Service Provider network.

11. USER RESPONSIBILITY

Users need to be aware that they do not operate in a vacuum. Safe practices need to be taken by the users to protect themselves and others.
Users are accountable and responsible for account passwords and should keep them safe.
Do NOT share account information.
Do NOT leave username and passwords in the open.
If a user feels that the account was compromised, the username and or password should be changed at once.
Do NOT “save” usernames or passwords. Each should be entered at each login.
Users are responsible for protecting their equipment.
Users are accountable and responsible for any misuse of Service Provider Services that occurs through user’s account.
Users are responsible for protecting their accounts and must take steps to insure that others do not gain unauthorized access to user’s account or misuse Service Provider’s Services.

12. ADMINISTRATIVE DISCRETION

Service Provider administrators, staff, and executives have sole and final discretion over all aspects of service, the network, and this AUP. Service Provider reserves the right to suspend any account or service without cause or prior notice.

13. VIOLATIONS AND MONITORING

Metaedge shall not act as a data processor in the event that any illegal material, as determined by government officials, is found with respect to the Customer’s server. Upon being informed by government officials of the presence of such illegal material, Metaedge shall promptly disclose and provide such material to the appropriate authorities. In addition, Metaedge reserves the right to suspend the Customer’s account upon discovery of any illegal material, as determined by Metaedge in its sole discretion, in accordance with applicable laws and regulations. Reporting Violations and complaints:

Violations, attempted violations, and/or concerns should be addressed to [email protected] via Email.

When reporting anything to Service Provider, please include:

The internet protocol address used to commit the alleged violation.
The date, time and time zone of such violation.
Evidence of the violation, including, if applicable, full headers from emails, browser logs, or information pertaining to the events in question.
Do not send excerpted parts of a message; sending the entire message with full headers helps prevent misunderstandings based on incomplete information or information taken out of context. Service Provider has sole judgment and discretion on how we enforce this AUP. Guidelines as to punishment and legal action will be within the Service Provider’s legal department and administrative department discretion.

14. UNDERTAKING THE CUSTOMER

The Customer agrees and undertakes that;

Any attempt to undermine or cause harm to any of the servers of Metaedge is strictly prohibited. MetaEdge shall take no responsibility for the use of its clients’ accounts by the Customer.
In case of abuse of the resources provided by Metaedge, in any way, Metaedge reserves the unqualified right to immediately Suspend the Customer’s account, without refund.
Denial of Service (DOS) attacks directed at Metaedge, or any attempt to launch a DOS attack from Metaedge servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of Customer’s account.
In case the Customer is, in any way, disrespectful towards any member of Metaedge or its staff, Metaedge shall have full right to suspend Customer’s account with it, without any refund.
MetaEdge will use reasonable efforts to protect and backup data for its clients / Customer on a regular basis, however, Metaedge does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the Customer is solely responsible for making back-up files in connection with its use of the Services.
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-authorised access to another network or server.
Its password provides access to its account and it is responsible to keep its password secure.
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.
Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of the Services.
It shall adopt adequate security measures to prevent un-authorised use of its account.
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.
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.
Users who violate systems or network security may incur criminal or civil liability. MetaEdge 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.
It shall complete its own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.

15. REVISIONS

Changes to this AUP are considered effective immediately and it is the end user’s responsibility to stay current. Service Provider can make changes to the AUP at any time without notice. Changes to this document will be available on Service Provider’s web page.

Service Provider may, but is not required to, monitor your compliance, or the compliance of other subscribers, with this Acceptable Use Policy.

If you have questions, please contact us.

For more information, please write to [email protected]

16. INDEMNITY

The Customer agrees that it shall fully and effectively defend, indemnify, save and hold Metaedge 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 Metaedge, 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.

The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Metaedge arising from breach or breaches of its obligations set out in this AUP. Metaedge may in its absolute discretion defend such claims and may compromise such claims without the consent of the Customer. The Customer shall provide Metaedge with the assistance necessary, or as required by Metaedge, to defend such claims, at the Customer’s sole expense.