Acceptable Use Policy (AUP)
JAISPIRIT’s goal is to provide its clients with the best commercial Internet service possible. To accomplish this, JAISPIRIT has adopted this Acceptable Use Policy (the “AUP”). This AUP outlines acceptable use of JAISPIRIT’s network. All JAISPIRIT clients and all others who use the Service (the “client”, “user”, “you”, or “your”) must comply with this AUP. If your business or organization does not agree to comply with this AUP, it must immediately stop all use of the Service and notify JAISPIRIT, so that it can close your account.
JAISPIRIT’s clients who provide services to end users are responsible for such end users compliance with the terms of this AUP and must take steps to ensure compliance by their users. By using or accessing JAISPIRIT’s services, Clients agree to be bound by the terms of the AUP.
JAISPIRIT reserves the right to modify, the Policy at any time, effective upon posting at https://www.jaispirit.com/acceptable-use-policy-aup/. Clients are responsible for monitoring this website for changes. Use of JAISPIRIT’s Services after changes to the AUP are posted on the website shall be deemed to constitute Clients’ acceptance of such new or additional terms of the AUP.
1. ILLEGAL USE
The JAISPIRIT network may be used only for lawful purposes. Transmission, distribution or storage of any materials in violation of any applicable law or regulation is prohibited. This includes, without limitation:
- Material protected by copyright, trademark, trade secret, software piracy, patents or other intellectual property right without proper authorization.
- Engaging in activity that violates privacy, publicity or other personal rights of others.
- Material that is obscene, abusive, defamatory, harassing, or contains lèse-majesté or threatening language constituting an illegal threat or violates export control laws.
- Exploitation of vulnerabilities in hardware or software for malicious purposes such as exploitation of scripts presented on web pages (i.e., forms for answering questions or entering data).
2. SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability.
Examples of system or network violations include, without limitation the following:
- Activities that disrupt the use of or interfere with the ability of others to effectively use the JAISPIRIT network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (i.e., DDOS, SYN Floods or similar attacks).
- Unauthorized access to or use of computers, data, systems, accounts or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or an attempt to penetrate security measures of another individual’s system (known as ‘hacking’) is prohibited.
- Interference with service to any user, host or network including, without limitation, mail-bombing, flood, deliberate attempts to overload a system and broadcast attacks.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of JAISPIRIT IP space is prohibited.
- Also, attempting to circumvent Client authentication or security of any hosts, network, or account (‘cracking’) without authorization is prohibited.
- Simulating communications (“phishing”) from and/or to a website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting or otherwise engaging in any monitoring or interception of data not intended for the User without authorization is prohibited.
- Using malware, DNS cache poisoning or other means (“pharming”) to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
Sending unsolicited mail messages is prohibited, including without limitation,
A) Client is prohibited from sending unsolicited bulk and/or commercial messages over the Internet (‘spamming’). This includes receiving replies from unsolicited emails, (i.e., ‘drop-box’ accounts) or configuring any email server in such a way that it will accept third party emails for forwarding (i.e., open mail relay). Bulk email may only be sent to recipients who have expressly requested receipt of such email messages through a ‘verified opt-in’ process. Users that send bulk email messages must maintain complete and accurate records of all email subscription requested, specifically including the email and associated headers sent by every subscriber, and shall immediately provide JAISPIRIT with such records upon request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization.
B) Service must not be used to:
- Send messages to any individual or entity who has indicated that they do not wish to receive a message from you.
- Collect or redirect responses from unsolicited messages sent from accounts on another Internet hosts or messaging services which violates this policy, or the equivalent policy or any other policy of any other Internet service provider or website. Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses JAISPIRIT’s network.
- Purchase lists of email addresses from third parties for mailing to or from any JAISPIRIT hosted domain, or referencing JAISPIRIT account, is prohibited.
- Distribute Internet Viruses, Worms, Trojan Horses, flooding, mail bombing, or denial of service attacks or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention is prohibited. 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 is prohibited. Transmitting, distributing or storing information or material, that, as reasonably determined by JAISPIRIT, is threatening, abusive, violates the privacy of others or which violates any applicable law or regulation, that is harmful to or interferes with JAISPIRIT’s provision of Service, the JAISPIRIT network or any third party’s network, equipment, applications, services or websites, that is fraudulent or contains false, deceptive or misleading statements, claims or representations (i.e., phishing), and deceptive marketing practices including, without limitation to, practices that violated trade commission guidelines for proper online marketing schemes is prohibited.
4. OBSCENE SPEECH OR MATERIALS
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. Using JAISPIRIT’s network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or materials or lèse-majestéy is prohibited. JAISPIRIT does not prohibit any material allowed by law. JAISPIRIT is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through JAISPIRIT’s network.
5. RISKS OF THE INTERNET
A) Some activities that clients can perform when accessing the Internet may be harmful or cause loss to client, other people that may access client’s service, or client’s equipment including, without limitation:
- Downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to the client’s computer;
- purchase goods or services using the Internet;
- transmitting confidential information over the Internet (such as credit card numbers or other business information), or
- accessing and viewing content on the Internet or otherwise available through the service that may be offensive to some individuals, or inappropriate for children.
B) Client shall bear all risk associated with the activities referred to in paragraph (A) above and JAISPIRIT does not have any liability for any claims, losses, actions, damages, suites or proceeding arising out of or otherwise relating to such activities.
C) Client may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. JAISPIRIT does not provide these filtering solutions as part of the Service and it is the client’s responsibility to implement these measures.
YOU ACKNOWLEDGE YOUR INDEMNIFICATION OBLIGATIONS UNDER THE TERMS OF SERVICE OF JAISPIRIT AND AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL MONETARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM VIOLATIONS OF THIS AUP TO INCLUDE, WITHOUT LIMITATION, THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY JAISPIRIT, THE NETWORK AND BUSINESS OPERATIONS OF JAISPIRIT, RELATED COSTS INCURRED BY JAISPIRIT, AND ANY THIRD PERSON OR PARTY AND THAT SUCH MONETARY DAMAGES WILL BE CHARGED TO YOUR ACCOUNT. VIOLATIONS OF THIS AUP MAY RESULT IN SIGNIFICANT CIVIL AND CRIMINAL LIABILITY TO YOU.
7. DATA LIABILITY AND RESPONSIBILITY
YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL DATA STORED OR TRANSMITTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY JAISPIRIT TO INCLUDE, WITHOUT LIMITATION, BLOCK SPECIAL FILES, CHARACTER SPECIAL FILES, DIRECTORIES, SYMBOLIC LINKS, SOCKET LINKS, FIFOS, REGULAR FILES, PROGRAMS, DATABASES, TEXT, GRAPHICS, PICTURES, MOVIES, AUDIO, STREAMING MEDIA, WEB PAGES, HYPERLINKS, EMAIL, INSTANT MESSAGES, CHAT MESSAGES, FILE TRANSFERS, HOST NAMES, AND DOMAIN NAMES.
8. DISCLAIMER OF RESPONSIBILITY
JAISPIRIT ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY PERSON OR PARTY FOR ANY VIOLATION OF THIS AUP BY ANY OTHER PERSON OR PARTY. IT IS THE POLICY OF JAISPIRIT, BUT NOT ITS OBLIGATION, TO MONITOR ITS NETWORK FOR POTENTIAL, ALLEGED, OR ACTUAL VIOLATIONS OF THIS AUP AND TO CANCEL EGREGIOUS OR REPEAT OFFENDERS OF THIS AUP WITHOUT PRIOR NOTICE.
9. RIGHT OF REFUSAL
JAISPIRIT reserves the right to refuse service to anyone at any time.
10. ADDITIONAL TERMS AND CONDITIONS
The use of the JAISPIRIT network by a Client is subject to the terms and conditions of any agreements entered into by such Client with JAISPIRIT. This AUP is incorporated into such agreements by reference.
11. COMPLIANTS/VIOLATIONS OF AUP
Any complaints regarding prohibited use of other abuse of the JAISPIRIT Network, including violations of this AUP, should be reported over JAISPIRIT’s Support Center (https://support.jaispirit.com). Please include all applicable information that will assist JAISPIRIT in investigating the compliant.