As
a provider of web site hosting, and other Internet-related
services, Pushti Web and Software Solutions offers its
clients, and their customers and users, the means to
disseminate a wealth of public, private, commercial, and
non-commercial information. Pushti Web and Software
Solutions respects that the Internet provides a forum for
free and open discussion and dissemination of information,
however, when there are competing interests at issue, Pushti
Web and Software Solutions reserves the right to take
certain preventative or corrective actions. In order to
protect these competing interests, Pushti Web and Software
Solutions 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
utilizing Pushti Web and Software Solutions services. This
AUP will be revised from time to time. A customer’s use of
Pushti Web and Software Solutions after changes to the AUP
are posted on Pushti Web and Software Solutions web site,
www.pushtiwebindia.com, will constitute the customer’s
acceptance of any new or additional terms of the AUP that
result from those changes.
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 judgment and responsibility of those who use
the Internet to disseminate information to others.
When
information is disseminated through the Internet, they also
must keep in mind that Pushti Web and Software Solutions
does not review, edit, censor, or take responsibility for
any information its clients 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 they
create is carried over
www.pushtiwebindia.com and may reach a
large number of people, including both clients and
non-clients of Pushti Web and Software Solutions, clients’
postings to the Internet may affect other clients and may
harm Pushti Web and Software Solutions goodwill, business
reputation, and operations. For these reasons, clients
violate Pushti Web and Software Solutions policy and the
service agreement when they, their customers, affiliates, or
subsidiaries engage in the following prohibited activities:
Top
UCE
/ SPAM
The
abuse and misuse of e-mail is a serious problem, and Pushti
Web and Software Solutions Network cannot and will not
tolerate it. This policy covers all
servers and domains on our network, including but not
limited to Virtual Shared, Bulk Reseller, VPS, Dedicated and
Colocation.
-
Definition
of UCE
-
Repercussions
of spam
-
Impacts
to Pushti Web Network
-
Our
Providers
-
Consequences/Penalties
for Spamming
-
Basic
Mailing List Management Principles
Definition
of UCE (Unsolicited Commercial E-mail), or spam:
-
The
bulk UCE, promotional material, or other forms of
solicitation sent via e-mail that advertise any IP
address belonging to Pushti Web and Software Solutions
Network or any URL (domain) that is hosted by Pushti Web
and Software Solutions Network.
-
Unsolicited
postings to newsgroups advertising any IP or URL hosted
by Pushti Web and Software Solutions Network.
-
The
use of web pages set up on ISPs that allow spamming
(also known as "ghost sites") that directly or
indirectly reference customers to domains or IP
addresses hosted by Pushti Web and Software Solutions
Network.
-
Advertising,
transmitting, or otherwise making available any
software, program, product, or service that is designed
to facilitate a means to spam.
-
Forging
or misrepresenting message headers, whether in whole or
in part, to mask the true origin of the message.
For
further information on mail abuse, please visit the Mail
Abuse Prevention System (MAPS) web site.Spam,
mailing lists and other email restrictions:
Due
to the increased problems and risk to our network, Pushti
Web and Software Solutions Network also prohibits the use of
3rd party mailing lists and FFA’s. See our mailing
list management principals for managing your own lists.
Pushti Web and Software Solutionsmples that we do not allow
include but are not limited to:
Repercussions
of spam:
Across
the Web, it is generally accepted that spam is an
inconsiderate and improper business practice.
Impacts
to Pushti Web and Software Solutions Network:
Spam
is not only harmful because of its negative impact on
consumer attitudes toward Pushti Web and Software Solutions
Network, but also because it can overload Pushti Web and
Software Solutions Network network and resources.
There
are many groups that report and block the networks that spam
is sent from. In the event spam is generated off of ours or
our customers servers, our network can be blocked and this
impacts other users putting our network at risk.
Our
Providers:
Since
it is unsolicited, users who receive spam often become angry
and send complaints to our upstream providers. This upsets
our providers who abhor spam for the same reasons that
Pushti Web and Software Solutions Network does - it causes
negative consumer attitudes and drains resources. We strive
to maintain favorable business relationships in the Web
community and obviously will not allow any practice that
threatens these relationships.
Consequences/
Penalties for Spamming:
Pushti
Web and Software Solutions Network reserves the right to
terminate, without warning, any account that violates this
policy. Usage of Pushti Web and Software Solutions Network
services constitutes acceptance and understanding of this
policy.
Pushti
Web and Software Solutions Network
may, at its option, charge $35.00 per spam complaint we
receive for any domain on our network and will be charged to
the owner of the domain or the owner of the server the
domain resides on or the reseller of the domain. Resellers,
dedicated server owners and colocation clients may choose to
pass this charge down to their client, when/if appropriate.
These are non-refundable charges and will be invoiced at the
time of complaint notification.
It
is the responsibility of dedicated server owners, resellers
and colocation clients to manage the email from their
server/accounts and to keep in compliance of our policies.
Pushti
Web and Software Solutions Network reserves the right to
decide what it considers "spam", "UCE",
"mail bombing", or "bulk e-mail", and to
determine from all of the evidence whether or not the e-mail
recipients were from an "opt-in" e-mail list.
Should
you choose to e-mail from Pushti Web and Software Solutions
Network servers, especially if you use mailing lists, you
must read and adhere to the following guidelines, which are
offered as a statement of Internet standards and best
current practices for proper mailing list management and
preventing e-mail abuse.
Basic
Mailing List Management Principles for Preventing Abuse
Mailing
lists are a vehicle for distributing focused, targeted
information to an interested, receptive audience.
Consequently, mailing lists have been used successfully as a
highly effective direct marketing tool.
Unfortunately,
some marketers misuse mailing lists through a lack of
understanding of Internet customs and rules of the forum
pertaining to e-mail. Others fail to take adequate
precautions to prevent the lists they manage from being used
in an abusive manner.
-
The
e-mail addresses of new subscribers must be confirmed or
verified before mailings commence. This is usually
accomplished by means of an e-mail message sent to the
subscriber to which s/he must reply, or containing a URL
which s/he must visit, in order to complete the
subscription. However it is implemented, a fundamental
requirement of all lists is the verification of all new
subscriptions.
-
Mailing
list administrators must provide a simple method for
subscribers to terminate their subscriptions, and
administrators should provide clear and effective
instructions for unsubscribing from a mailing list.
Mailings from a list must cease promptly once a
subscription is terminated.
-
Mailing
list administrators should make an "out of
band" procedure (e.g., a means of contact by which
messages may be sent for further correspondence via
e-mail or telephone) available for those who wish to
terminate their mailing list subscriptions but are
unable or unwilling to follow standard automated
procedures.
-
Mailing
list administrators must ensure that the impact of their
mailings on the networks and hosts of others is
minimized by proper list management procedures such as
pruning of invalid or undeliverable addresses, or taking
steps to ensure that mailings do not overwhelm less
robust hosts or networks.
-
Mailing
list administrators must take adequate steps to ensure
that their lists are not used for abusive purposes. For
Pushti Web and Software Solutions, administrators
can maintain a "suppression list" of e-mail
addresses from which all subscription requests are
rejected. Addresses would be added to the suppression
list upon request by the parties entitled to use the
addresses at issue. The purpose of the suppression list
would be to prevent subscription of addresses appearing
on the suppression list by unauthorized third parties.
Such suppression lists should also give properly
authorized domain administrators the option to suppress
all mailings to the domains for which they are
responsible.
-
Mailing
list administrators must make adequate disclosures about
how subscriber addresses will be used, including whether
or not addresses are subject to sale or trade with other
parties. Once a mailing list is traded or sold, it may
no longer be an opt-in mailing list. Therefore, those
who are acquiring "opt-in" lists from others
must Pushti Web and Software Solutions mine the terms and
conditions under which the addresses were originally
compiled and determine that all recipients have in fact
opted-in specifically to the mailing lists to which they
are being traded or sold.
-
Mailing
list administrators should make adequate disclosures
about the nature of their mailing lists, including the
subject matter of the lists and anticipated frequency of
messages. A substantive change in either the subject
matter or frequency of messages may constitute a new and
separate mailing list requiring a separate subscription.
List administrators should create a new mailing list
when there is a substantive change in either the subject
matter or frequency of messages. A notification about
the new mailing list may be appropriate on the existing
mailing list, but existing subscribers should never be
subscribed automatically to the new list. For Pushti Web
and Software Solutions , if Company A acquires
Company B, and Company B has compiled opt-in mailing
lists, Company A should not summarily incorporate
Company B’s mailing lists into its own.
*
This spam (UCE) Accepted Use Policy and all other Pushti Web
and Software Solutions Network policies are subject to
change by Pushti Web and Software Solutions Network without
notice. Continued usage of the services after a change to
this policy is implemented and posted on the Pushti Web and
Software Solutions Network site constitutes your acceptance
of such change or policy. We encourage you to regularly
check the Pushti Web and Software Solutions Network site for
any changes or additions. Visit our Terms of Service (TOS)
for further information regarding our policies.
ADULT
CONTENTS
Virtual
Shared Servers
Because
the Internet is a global communication tool, and we have
clients from nearly every country in the world it is
difficult to dictate what is considered "adult
material." However, it is not our function to
discriminate against those who choose to utilize adult
content or adult related material. This being said, there
are still several reasons why Pushti Web and Software
Solutions has been forced to create its no adult sites
policy for its virtual and bulk reseller server users,
including but not limited to direct customers, resellers and
resold accounts.
What
does Pushti Web and Software Solutions consider "Adult
Material"?
-
Any
site whose revenue is gained in part or whole from its
adult content.
-
Photos
or videos showing frontal nudity on either men or women
for non-scientific or non-artistic purposes.
-
Hyperlinks
to adult sites, including but not limited to sites who
violate these policies.
-
Sites
that have discussion boards and share information that
is ‘adult’ in nature.
-
Sites
that sell or promote ‘adult’ material, including but
not limited to adult toys.
Pushti
Web and Software Solutions reserves the right to decide what
it considers "adult content", "adult
material", "sexually explicit", or
"sexually related". Let us know if you are unsure
of the approval of your site before placing an order. Please
email sales@pushtiwebindia.com for review of your content
and/or site.
Why
does Pushti Web and Software Solutions have this policy?
Bandwidth
and Resources
A virtual server is a shared environment where many servers
reside on each particular machine. This being said, consider
that an average "adult site" gets more hits than
100 standard web sites. Some of the smaller adult sites get
around 5 GB of transfer per day. With these types of
resources being utilized, our servers would be severely
slowed if we allowed these high traffic sites to also reside
on our servers. On top of that, we would be forced to raise
our prices to pay for the additional bandwidth. We strive to
keep our servers fast and inexpensive, and our bandwidth
clear; therefore, adult sites are not an option.
Banned
IPs
Adult sites tend to get blocked. Since many of our shared
accounts also share IP addresses and/or the range of IPs are
blocked, all other users on that server or network range are
impacted.
Association
Many people do not want to be associated with adult content,
based on personal opinions and beliefs. IPs are assigned to
a server in ranges and IP address are in many cases shared
IPs. Consequently, we want our shared servers to be ‘adult
content’ free.
Virtual
Private (VPS), Dedicated and Collocation servers
Because
we can swip the IPs and assign them to the owners of these
accounts, we do allow our dedicated and colocation customers
to have adult content on their servers. All of our Terms of
Service and Acceptable Use policies do apply, including, but
not limited to:
-
UCE
/ Spam: Adult sites tend to use UCE/spam as a
source of marketing. Before considering using our
services for Adult material, please review our spam
policy. We have zero tolerance for spam.
-
Illegal
Content: We do not allow any illegal activities
on our network, including, but not limited exploitation
of minors.
Top
SHARED
SERVER RESOURCE ABUSE
Pushti
Web and Software Solutions Network allows CGI, PHP, Perl and
many other normal processes used for hosting to be used on
all Virtual Servers. These processes can be resource
intensive however, and because a Virtual Server must be
shared with other users, we must limit how much of the CPU,
memory, disk I/O, disk space and database use can be used by
any one account on a shared server. Therefore any program
(application, script, etc.) or usage that consumes too many
resources that impacts other customers in either performance
or reliability is considered resource abuse. Shared servers
are ‘shared’ and we all need to play fair. In the event
a user requires more resources than is acceptable on a
shared server environment, a dedicated solution, such as our
VPS, dedicated or colocation services are recommended.
-
What
does Pushti Web and Software Solutions Network consider
"System Resource ABUSE"?
-
Why
does Pushti Web and Software Solutions Network have this
policy?
-
What
happens if I violate this policy?
What
does Pushti Web and Software Solutions Network consider
"System Resource ABUSE"?
Any
site whose traffic, programs and/or processes are using
excessive amounts of system resources. Excessive amounts is
defined as any amount that results in substantial
degradation of server performance. Pushti Web and Software
Solutions Network is the sole determinant of what
constitutes degraded server performance.
Although
our Bulk Reseller plans have larger disk space and bandwidth
availability, these accounts are intended for small to
medium sized web sites and traffic loads. The BR Accounts
are not intended for large, busy , resource intensive web
sites and they will be suspended if found impacting server
performance. Large busy sites, especially those using
databases, usually require a dedicated solution due to
resource usage. Our VPS and Dedicated Servers options are
better suited for these type of sites since they do not
impact other users.
Pushti
Web and Software Solutions include, but are not limited
to:
-
Flat
File Database Driven Forums
Due
to their use of flat files instead of databases, Pushti
Web and Software Solutions Network does not allow the
use of UBB or YABB bulletin boards. Use of these boards
for large or very active forums, results in system
performance degradation, and cannot be allowed in our
shared server environment. Pushti Web and Software
Solutions Network suggests using VBulletin or phpBB as a
more efficient, database-driven alternative to these
bulletin boards. Busy sites with large forums and data
bases are not suited to a shared server environment.
-
Background
Running Processes
Background
Daemons in general are prohibited on Pushti Web and
Software Solutions Network servers, including, but not
limited to, IRC bots, eggdrop, BitchX, XiRCON, warez
sites and any other program that interferes with normal
server operation.
-
Cron
Jobs
We
allow customers to set up cron jobs to perform routine
functions automatically. Due to the impact on the
server, running some automated processes can take up
considerable server resources and in those cases, our
technicians may disable the cron job.
-
Mailing
Lists
We
have a strict policy regarding use/spam on our network,
but we do allow use of mailing lists within the
constraints of our spam policy. However, sending
thousands of e-mails off of a given server can impact
the performance of the server. Therefore we limit the
amount of e-mail allowed on our Shared Virtual Servers
(including the Bulk Reseller servers) to no more than
1000 e-mails per day and 30 emails in 10 seconds.
-
Exploitable
Scripts
Unfortunately,
many commonly used scripts can be exploited to allow
unauthorized users into our systems. Consequently we may
on occasion need to ban and consequently disable these
scripts. You can view the most current exploits on our
banned-scripts page.
-
Other
Other
resource intensive scripts (depending on traffic)
include but not limited to:
Other
applications that are prohibited on our virtual servers
include but are not limited to:
Why
does Pushti Web and Software Solutions Network have this
policy?
Server
Speed and Fairness to others. A Virtual Server is shared. As
such, there are many accounts per machine. In all fairness,
Pushti Web and Software Solutions Network cannot allow one
or two clients to use all of the System resources on a
shared machine and have all other clients on the machine
suffer because of it. Excessive usage by one or more clients
causes extreme slowness in all areas: FTP, SSH, Web Sites
and more. If the CPU, disk I/O and/or memory usage gets too
far out of hand, all sites hosted on the machine will return
Errors and not be accessible in any way.
What
happens if I violate this policy?
All
accounts that are found to be using excessive amounts of
system resources will receive an e-mail warning from Pushti
Web and Software Solutions Network. This warning will inform
you that the site is using excessive system resources.
Pushti Web and Software Solutions Network will provide
options for reducing the usage and/or upgrading your
account. If the situation is severe, we may suspend the
account or process immediately to bring performance of the
server back to an acceptable level. 24 hours notice will be
given if at all possible.
Top
ILLEGAL
ACTIVITIES
Intellectual
Property Violations:
Engaging in any activity that infringes or misappropriates
the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals,
corporations, or other entities. Also, engaging in activity
that violates privacy, publicity, or other personal rights
of others. Pushti Web and Software Solutions is required by
law to remove or block access to customer content upon
receipt of a proper notice of copyright infringement. It is
also Pushti Web and Software Solutions policy to terminate
the privileges of customers who commit repeat violations of
copyright laws. Reference our copyright infringement policy
for more information.
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 might be used as a precursor to an
attempted system penetration (i.e. port scan, stealth scan,
or other information gathering activity).
Forging
of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Export
Control Violations:
Exporting encryption software over the Internet or
otherwise, to points outside the United States.
Other
Illegal Activities:
Engaging in activities that are determined to be illegal,
including advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes, fraudulently
charging credit cards, and pirating software.
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BANNED
SCRIPTS
Target
Audience: Dedicated, VPS, Colocation, Bulk Resellers and
Shared Hosting customers.
Unfortunately,
many good things are turned on us to be used for nefarious
activities. Commonly used scripts are frequently exploited
to allow unauthorized access to the systems they are running
on. Others just require more resources than is allocated on
a shared server environment.
Consequently,
in order to keep Pushti Web and Software Solutions Network
network and servers safe, we may need to take actions that
inconvenience our good customers. Any time we find scripts
or other commonly used tools that can become easily
compromised or impact other users by using too many server
resources, we may need to disable scripts or other tools
installed and used by our customers.
Whenever
possible, we will notify our customers in advance. We will
also attempt to keep this page updated with current scripts
which will require removal from our shared servers and/or
our network.
This
list includes script/program names, reason for ban, who/what
servers they are banned on (e.g. our Shared or Network wide)
and provide alternative options for our customers whenever
possible.
Banned
scripts and alternatives:
|
Script
/ Program
|
Version/Type
|
Not
Allowed On
|
Reason
|
Alternate
Options
|
|
Matt
Wright’s formmail
|
1.91
and previous
|
Network
wide
|
Exploitable
to send UCE/spam
|
nms-cgi
formmail replacement
|
Top
COPYRIGHT
INFRINGEMENT / INTELLECTUAL PROPERTY
Engaging
in any activity that infringes or misappropriates the
intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals,
corporations, or other entities. Also, engaging in activity
that violates privacy, publicity, or other personal rights
of others. Pushti Web and Software Solutions is required by
law to remove or block access to customer content upon
receipt of a proper notice of copyright infringement. It is
also Pushti Web and Software Solutions policy to terminate
the privileges of customers who commit repeat violations of
copyright laws.
Top
MISCELLANEOUS
AND OTHER ACTIVITIES
Other
specific activities that are against our Acceptable Use
Policy include the following:
-
Defamatory
or Abusive Language
-
Usenet
Group postings that violates our TOS
-
Facilitating
a Violation of our TOS
-
Other
activities Pushti Web and Software Solutions determines
to be harmful
Defamatory
or Abusive Language
Using
Pushti Web and Software Solutions network as a means to
transmit or post defamatory, harassing, abusive, or
threatening language.
Any
content that is discriminatory based on gender, race, age
and/or promotes hate or violence is prohibited.
Usenet
Group postings that violates our TOS
Pushti
Web and Software Solutions reserves the right not to accept
postings from newsgroups where we have actual knowledge that
the content of the newsgroup violates the AUP.
Facilitating
a Violation of our TOS
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.
Other
activities Pushti Web and Software Solutions determines to
be harmful
Engaging
in activities, whether lawful or unlawful, that Pushti Web
and Software Solutions determines to be harmful to its
clients, operations, reputation, goodwill, or customer
relations.
As
we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
client. Pushti Web and Software Solutions will not, as an
ordinary practice, monitor the communications of its client
to ensure that they comply with Pushti Web and Software
Solutions policy or applicable law. When Pushti Web and
Software Solutions becomes aware of harmful activities,
however, it may take any action to stop the harmful
activity, including but not limited to, removing
information, shutting down a web site, implementing
screening software designed to block offending
transmissions, denying access to the Internet, or take any
other action it deems appropriate.
Pushti
Web and Software Solutions also is concerned with the
privacy of on-line communications and web sites. In general,
the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and
otherwise compromised. As a matter of prudence, however,
Pushti Web and Software Solutions urges its clients to
assume that all of their on-line communications are
insecure. Pushti Web and Software Solutions cannot take any
responsibility for the security of information transmitted
over Pushti Web and Software Solutions facilities.
Pushti
Web and Software Solutions will not intentionally monitor
private electronic mail messages sent or received by its
clients unless required to do so by law, governmental
authority, or when public safety is at stake. Pushti Web and
Software Solutions may, however, monitor its service
electronically to determine that its facilities are
operating satisfactorily. Also, Pushti Web and Software
Solutions may disclose information, including but not
limited to, information concerning a client, 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.
Pushti Web and Software Solutions assumes no obligation to
inform the client that client information has been provided
and in some cases may be prohibited by law from giving such
notice. Finally, Pushti Web and Software Solutions may
disclose client information or information transmitted over
its network where necessary to protect Pushti Web and
Software Solutions and others from harm, or where such
disclosure is necessary to the proper operation of the
system.
We
hope this AUP is helpful in clarifying the obligations of
Internet users, including Pushti Web and Software Solutions
and its clients, as responsible members of the Internet. Any
complaints about a client’s violation of this AUP should
be sent to mailto: support@pushtiwebindia.com
