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.
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:-
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:
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.
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:
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:
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.
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:
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.
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:
When reporting anything to Service Provider, please include:
14. UNDERTAKING THE CUSTOMER
The Customer agrees and undertakes that;
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.
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.