As a provider of web site hosting and other Internet-related services, DesiVPS offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. DesiVPS respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, DesiVPS reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, DesiVPS has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using DesiVPS' services. This AUP will be revised from time to time. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgement and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that DesiVPS cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because DesiVPS cannot monitor or censor the Internet, and will not attempt to do so, DesiVPS cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that DesiVPS does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over DesiVPS' network and may reach a large number of people, including both subscribers and non-subscribers of DesiVPS, subscribers' postings to the Internet may affect other subscribers and may affect DesiVPS' goodwill, business, reputation or operations. For these reasons, subscribers violate DesiVPS policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward DesiVPS, but also because it can overload DesiVPS' network and disrupt service to DesiVPS' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, DesiVPS will investigate and shutdown the account that is SPAMing. A ₹ 10000 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore DesiVPS reserves the right to prosecute for this violation. A ₹70 charge will be assessed PER EMAIL sent should DesiVPS choose to pursue and prosecute.
Adult-Oriented Content:
DesiVPS does allow adult content. This content must be legal.
Obscene Speech or Materials:
Using DesiVPS' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. DesiVPS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using DesiVPS' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
PDistributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Usenet Groups:
DesiVPS reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities:
1. involves spamming, mailservers, or mass marketing of any kind, or any type of investment/lottery sites;
2. involves brute force and other vulnerability-checking programs, even if for security purpose;
3. involves traffic exchange / relay websites or Services, including autosurf sites, CDN, TOR nodes, open public proxies, and topsites list;
4. involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc);
5. involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
6. involves constantly receiving attacks on Customer’s Services or failure to secure Services properly;
7. involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts.
8. involves running a program/script that is designed to use maximum CPU (such as cryptocurrency miners) and not a general fixed amount equal or lesser to the processing power assigned to your service.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. DesiVPS will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with DesiVPS' policy or applicable law. However, when DesiVPS becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by DesiVPS.
DesiVPS is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching DesiVPS' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. DesiVPS does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. DesiVPS reserves the right to directly take action against a customer of its subscribers. Also, DesiVPS may take action against the DesiVPS' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, DesiVPS anticipates that subscribers who offer Internet services will cooperate with DesiVPS in any corrective or preventive action that DesiVPS deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DesiVPS policy.
DesiVPS will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. DesiVPS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, DesiVPS may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. DesiVPS assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, DesiVPS may disclose subscriber information or information transmitted over its network where necessary to protect DesiVPS and others from harm, or where such disclosure is necessary to the proper operation of the system. However, DesiVPS will never sell information to other services or outside companies.
DesiVPS expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate DesiVPS policy. Finally, DesiVPS wishes to emphasize that, in signing the Service Agreement, subscribers indemnify DesiVPS for any violation of the Service Agreement, law or DesiVPS policy resulting in loss to DesiVPS or the bringing of any claim against DesiVPS by any third party. This means that, if DesiVPS is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against DesiVPS, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including DesiVPS and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@desivps.com