Acceptable Use Policy (AUP) This QualiSpace Acceptable Use Policy (“AUP”) describes the proper kinds of conduct and prohibited use of QualiSpace’s hosting services (the “Services”). This AUP is not exhaustive and QualiSpace reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.qualispace.in. 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 QualiSpace deems appropriate. Server Abuse Any attempt to undermine or cause harm to a server, or customer, of QualiSpace is strictly prohibited. Unauthorized use of other people’s accounts or computers QualiSpace 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 QualiSpace customer, whether or not the attacked account or computer belongs to QualiSpace, 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 – QualiSpace 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 or fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, child pornography, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by QualiSpace to be unacceptable use of QualiSpace’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: You may not publish or transmit via QualiSpace’s service any content that QualiSpace reasonably believes: Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, Escort services, bestiality, or non-consensual sex acts; is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; is defamatory or violates a person’s privacy; creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; improperly exposes trade secrets or other confidential or proprietary information of another person; is intended to assist others in defeating technical copyright protections; infringes on another person’s copyright, trade or service mark, patent, or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to QualiSpace; or is otherwise malicious, fraudulent, or may result in retaliation against QualiSpace by offended viewers. provides downloads of cracked software, serial numbers of software, warez or provides links to websites providing downloads of the same. Topsites Image Hosting Scripts AutoSurf/PTC/PTS/PPC sites IP Scanners Bruteforce Programs/Scripts/Applications Mail Bombers/Spam Scripts Banner-Ad services File Dump/Mirror Scripts Escrow/Bank Debentures High-Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate permit(s) Lottery/Gambling Sites MUDs/RPGs/PBBGs Hacker focused sites/archives/programs Broadcast or Streaming of Live Sporting Events Hosting an application/service prone to Distributed Denial of Service (DDoS) attacks. CGI Scripts Each shared Linux web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. *See the Server Resource Abuse section. Child Pornography Our policy on child pornography is zero tolerance. QualiSpace will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the QualiSpace network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Chat Rooms We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the QualiSpace Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Background Running Programs We don’t allow programs to run continually in the background. Some background programs are CPU and memory intensive and hence we don’t allow them to run on a shared hosting server. If your application needs some background program(s) to run, we may suggest you a dedicated server or a VPS. IRC We do not allow 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. Proxy Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the QUALISPACE network or that otherwise masks the true origination point of browsing activities by use of network information associated with QualiSpace. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination. Gaming Servers QualiSpace does not allow Gaming servers (not restricted to Minecraft, Counter-Strike, Half-Life, battlefield1492) on its network as Gaming servers are prone to Distributed Denial of Service (DDoS) attacks. Software Downloads We don’t allow any software to be stored in your website for downloads. The webspace for the website contains space allotted for storing the website related content like HTML, ASP/ASP.NET/PHP/Perl scripts, GIF, Jpeg and Png Images, SWF files, SQL database, MySQL Database and MS Access Database files. Allowing software (third-party or own) to be downloaded from the website is strictly prohibited as it consumes lot of unnecessary bandwidth and thus hogs the performance of the server. Violation of this rule may result in immediate suspension or termination of services without prior notification. Files with extensions like .exe and .msi are treated as software downloads and are not allowed on shared hosting. Violation of this rule may result in immediate suspension or termination of services without prior notification. Audio/Video Streaming We don’t allow Audio/Video streaming on our shared hosting servers as it hogs the CPU and bandwidth. QualiSpace reserves the rights to terminate any account found to contain file streaming such as audio, radio and video streams (AVI, MPG, MPEG, MOV, MP3, PODCASTS, etc.) This violated occurrence will be notified by our content auditing team and you will be given 3 days to backup your files. Should the problem persisted within the allotted time period, the files will be deleted. We recommend Flexi Cloud servers or dedicated servers for Audio/Video Streaming. You can, however, upload videos in youtube.com and embed them in your website, but the videos that are embedded should not violate copyrights. Excessive Use/Overages 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/gigabytes per month, QualiSpace may, in its sole discretion, assess you with additional charges. If QualiSpace elects to take any corrective action, QualiSpace 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. Bandwidth overages are currently billed at $12/GB/month or Rs. 500/GB/month. For Disk space overages, you will have to upgrade the package to the next available plan. Heavy Database Size QualiSpace allows not more than 250 MB for SQL Database, with 200 MB for the Database and 50 MB for the Log file being the limit set, on shared hosting and suggests hosting of database larger than 250 MB on either Application Hosting or Dedicated Server. QualiSpace reserves the right to deny support for issues arising out of transactions on large databases. INODES The use of more than 250,000 inodes on any Linux shared hosting account or more than 250,000 files/folders in Windows shared hosting account may potentially result in a warning first and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode/files limit will automatically be removed from our backup system to avoid over-usage; however databases will still be backed up. Every file (a webpage, image file, email, etc.) on your account uses up one inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here. Platinum Plus Plan & Enterprise Plan Platinum Plus Plan & Enterprise Plan cannot be used to resell web hosting to your customers. You can host only your own company websites under Platinum Plus Plan & Enterprise Plan. If you wish to resell hosting to your customers, you should opt for a Reseller Hosting Plan. Violation of the policy will result into termination of your hosting account. Free Hosting Free Hosting is for serious start-ups, bloggers, small companies who want to go online, but are reluctant because of costs involved in web hosting. A website hosted under Free Hosting service may get terminated due to any of the following reasons The domain is not pointing to our Free Hosting Server within 30 days from the date of activation. An existing user signs up for new Free Hosting using new details. Free hosting service is not upgraded to paid hosting on or before the expiry of the hosting package. Violation of AUP applicable to the shared hosting packages. Bulk Emailing Sending Bulk emails from shared hosting accounts is strictly prohibited. You cannot send more than 500 emails per domain per hour and more than 100 emails per user per hour. Violation of the email policy may result into suspension of the domain. Unlimited Defined A website cannot use more than 25% of CPU. Users are supposed to optimize their websites/web applications so that the system resources are not used more than the limit allowed. In Windows Shared hosting server, once the application reaches the 25% CPU limit, the application pool will be recycled. A website cannot use more than 256 MB Physical Memory. Users are supposed to optimize their websites/web applications so that the system resources are not used more than the limit allowed. For Reseller hosting packages, the physical memory limit per application is 100 MB. User cannot run MySQL or MS SQL Queries for more than 15 seconds. The MySQL/MS SQL tables should be properly optimized. Each database user is limited to maximum 25 concurrent connections. Each mailbox is assigned maximum 1 GB space and each mail domain is assigned maximum 5 GB space. The hosting space cannot be used to store personal backups and should contain only the files related to the website, the emails and the databases. QualiSpace does not allow hosting of any third party software on shared hosting servers. DLLs can be allowed after complete verification of the documentation. In case of a custom DLL, QualiSpace will need the source code of the DLL before allowing the DLL to be registered on the server. DLL files created by compiling asp.net program are excluded from this restriction. Registering of DLL for first time is free, subsequent re-registration of DLL will be charged at Rs. 500/- plus Service Tax with GST. QualiSpace does not allow running of any p2p or torrent software on its shared hosting server. No support for custom/third party scripts/services QualiSpace provides technical support assistance that encompasses our area of expertise only. It includes assistance, troubleshooting, and debugging of our control panel interfaces like Cpanel and Hosting Controller, servers within our immediate responsibility, and any other hosting related issues. However, QualiSpace is not obligated to help YOU in the installations of new application modules, templates and/or programming languages, and in providing assistance for any errors produced by any applications modified by YOU previously. We only provide assistance in ensuring any free applications installed through Fantastico in the Cpanel control panel interface are installed as directed. In rare cases, QualiSpace may offer assistance to debug the code of the customer’s application to resolve an issue and will be subject to an agreement signed by the customer allowing QualiSpace’s Developers to open the code. QualiSpace will not directly modify any code, but will give suggestions to the customer to change the code appropriately. QualiSpace is not liable for any loss of functionality arising in the application due to the modification of the code. QualiSpace charges Rs.2500/- or $50/- per hour for debugging the customer’s application. QualiSpace also do not provide any third party technical support assistance for any Resellers’ immediate customers. Customers of the Reseller should contact the Reseller directly. Data Backup QualiSpace takes regular daily backups of all the websites and databases on all the shared hosting servers for internal purpose so that in case of a disaster, the data can be restored from the backup. However, QualiSpace assumes that its customers maintain a local copy of their website data and databases and update them from time to time. QualiSpace cannot be held responsible for non-availability of the backup or the exact files from the backup. QualiSpace cannot be held responsible for the failure of the backup. QualiSpace can provide backup to the customers on demand with an additional charge of Rs. 1,000/- plus Service Tax with GST. No-Spam Policy We are Zero-Tolerant towards spamming and don’t allow any kind of spamming activity from our servers or network. A spam complaint will first result in a warning of 24 hours and failure to take action against the spamming will result in the suspension of account. QualiSpace reserves the right to permanently terminate hosting of a domain without notice due to repeated spam complaints and there will be no refund on such termination. Hosting of Spamvertised websites will result into immediate termination with/without notice. IP Address Overlap QualiSpace administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by QualiSpace staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. Material and Product Requirements You must ensure that all material and data placed on QualiSpace’s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by QualiSpace. QualiSpace will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, QualiSpace may reject this material. QualiSpace will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy QualiSpace’s requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. QualiSpace does not provide this knowledge or customer support outside of the Services. Intellectual Property Rights Material accessible to you through QualiSpace’s services may be subject to protection under the United States 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 QualiSpace 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 QualiSpace network. If you use a domain name in connection with QualiSpace or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network Security Customers may not use the QualiSpace 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. QualiSpace 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, QualiSpace will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting QualiSpace or any of its other customers. Electronic Commerce 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 libellous 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. Static / Dynamic Content Caching You expressly (i) grant to QualiSpace a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by QualiSpace 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. IP Address Ownership QualiSpace shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by QualiSpace and QualiSpace reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Lawful Purpose QualiSpace reserves the right to refuse service to anyone. Customers may only use QualiSpace server for lawful purpose. Transmission of any material in violation of any Federal, State 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 QualiSpace 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 Mumbai, India, and any dispute will be litigated or arbitrated in Mumbai, India. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Mumbai Courts. IN NO EVENT SHALL QUALISPACE’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. Payment Policies All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. QualiSpace reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies QualiSpace via email at billing@QualiSpace.com to request for termination of services. QualiSpace will bill each client Rs.100/- to Rs.150/- per returned check depending on the bank. All QualiSpace accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of QualiSpace) shall be paid by Customer. QualiSpace accepts paper checks from customers for payment of web hosting services and fees associated with your account. Cancellation QualiSpace reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by QualiSpace if QualiSpace institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) Cancellation refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. Cancellations are processed only from 9:30 a.m. – 6:30 p.m. IST on Monday-Saturday. No cancellations are processed on holidays or weekends. Liability and Obligations on Cancellation If the Agreement expires or is cancelled for any reason, QualiSpace is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, QualiSpace will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to QualiSpace under this Agreement. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD QUALISPACE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST QUALISPACE, 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 QUALISPACE AGAINST LIABILITIES ARISING OUT OF; ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH QUALISPACE’S SERVER; ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; COPYRIGHT INFRINGEMENT AND ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM QUALISPACE’S SERVER. Disclaimer QUALISPACE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. QUALISPACE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. QUALISPACE 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 QUALISPACE AND ITS EMPLOYEES. QUALISPACE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF QUALISPACE MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.