Acceptable Use Policy (AUP)

By submitting an online order form, or by using Techindo’s service, Customer hereby agrees to the following Acceptable Use Policy (AUP). Customer agrees that it shall comply with and require its end users to comply with this AUP, Techindo’s Terms of Service (TOS), Techindo’s No-Spam Policy (NSP), and Techindo’s Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. Introduction, Purpose, and General Terms.

This Web site gives you the ability to learn about Techindo and its products and services as well as the ability to access our network and services (“Techindo Services”). By using this site, and any other sites or services owned, operated, or provided by Techindo, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the Techindo Customer of record and that Techindo Customer’s end users.

This Acceptable Use Policy is used in conjunction with the terms of service (TOS), the No-Spam Policy (NSP), and the Privacy Policy. Violating any of these policies and agreements grants Techindo the authority to take action to restrict or terminate your access to Techindo Services. Techindo reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any Techindo Web site, and any product offerings or programs described on any Techindo Web site. Please check back periodically to review any changes to this policy.

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Techindo (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of Techindo’s Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Techindo. Techindo reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.techindo.net/

In order to maintain an informative and valuable service that meets the needs of the users of this site and Techindo Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Techindo reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to http://www.techindo.net/aup or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.

Any violation of the AUP may result in the suspension or termination of your account or such other action, as Techindo deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.

VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Techindo.

Any questions or comments regarding the AUP should be directed to Techindo by e-mail to the following e-mail address info@techindo.net, for issues concerning the AUP.

2. General Prohibitions.

You may not use this site or Techindo’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Techindo Network, or Techindo’s Services, or any other party’s use or enjoyment of this site, the Techindo Network, or Techindo’s Services.

Adult Content Prohibited.

Adult-oriented sites demand special system, network, and bandwidth requirements. Techindo does not accommodate those extraordinarily large requirements in its standard shared, e-commerce, reseller, and semi-dedicated hosting plans. Therefore you may not use Techindo’s services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.

Where allowed by applicable law, Techindo does not prohibit you from posting a static Web page that meets all of the following criteria:

the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses Techindo’s services;
the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content; and
the page does not require a user to log in with a username or password to access any of the Web site’s content.

In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with Techindo, you must comply with all such applicable laws.

However, Techindo cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does Techindo advise you about how to comply with any such laws. Furthermore, laws vary throughout the United States of America and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.

If you use Techindo’s service to publish any content that any applicable law deems “harmful,” “inappropriate,” or “unsuitable” for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because Techindo does not censor the content of your Web sites and pages.

If you have a reseller account with Techindo, you may not resell our hosting services to any clients or customers that sell adult content.

You may not use Techindo’s services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where Techindo’s services are offered, or where they can be viewed through Techindo’s services:

Online pornography or adult content for which a viewer must subscribe to access it,
Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and
Obscene materials, as defined by law.

If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.

3. Compliance with Law.

Customer shall not use Techindo’s Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Techindo’s sole discretion:

violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,
is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
threatens or encourages bodily harm or destruction of property,
harms any person,
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
is posted in violation of a newsgroup charter,
contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
violates any terms or conditions of any other network access provider or Internet service provider,
violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
has a negative effect on Techindo or its network (including, without limitation, overloading servers on the Techindo Network; causing portions of the Techindo Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Techindo, impose an unreasonable administrative burden on Techindo; etc.), or
Terrorist Content Prohibited.

4. System and Network Security.

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Techindo. Techindo investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.

You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Techindo account or attempt to gain unauthorized access to another network or server.

5. Internet Etiquette.

The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Techindo may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Techindo by offended users. Techindo reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.

6. Child Pornography.

Techindo will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Techindo network, and shall 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.

7. Techindo No-Spam Policy (NSP).

Customer shall comply with all the terms and conditions of Techindo’s No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer’s Agreement with Techindo.

At Techindo, we are committed to providing valuable hosting services to our valued customers.

An important part of Techindo’s mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as “spam.” This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Techindo.

To report any spam you receive that identifies itself as coming from the techindo.net servers or claims to be related to Techindo in any way, please send an e-mail message to us at info@techindo.net. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.

Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.

For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above.

If you choose to use an “opt-in” e-mail list, please be aware that Techindo will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.

Furthermore, Techindo reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.

Techindo will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Techindo’s services whether or not the message actually originated from our network.

Violation of this NO-SPAM policy will result in Techindo taking one or more of the following actions:

A warning via e-mail or telephone,
Suspension of your site until furthur notice,
Removal of DNS for the advertised/originating site, or
Temporarily blocking outgoing mail from your site.

Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.

Techindo reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Techindo Network.

8. Resource Abuse.

You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.

9. No Editing, Censoring, or Control of Communications; Reservation of Rights.

Your participation in online communication or use of any Techindo service is not edited, censored, or otherwise controlled by Techindo. However, Techindo reserves the right to monitor content on this site and on any Techindo servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Techindo, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

10. Export Control Laws.

Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security’s Web site at: http://www.bis.doc.gov/Encryption/

11. International Use.

Techindo makes no representation that materials available on this site or any or through any Techindo service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Techindo from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Techindo, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.

12. Revisions.

Techindo may revise this Acceptable Use Policy without prior notice. Such changes will be posted at www.techindo.net/aup. You are responsible for reviewing the online Acceptable Use Policy to stay update of any changes.