Please Note: – The terms Ementrix, us, we, our below refers to Ementrix Software Consulting & Services, which is a sole-proprietorship concern.
This Acceptable Use Policy (“AUP”) governs your use of our shared-managed hosting and email services and is incorporated by reference into Ementrix’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. Ementrix may modify this AUP at any time without notice.
The Services provided by Ementrix may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Ementrix reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of access and stored content with / without notice.
Failure to respond to a communication from us within the specified time in our communication to you might result in the suspension or termination of the Services.
1.You may not directly or indirectly use the Services in connection with any of the following, as determined in Ementrix’s sole discretion:
Prohibited Use or Content
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Ementrix to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
- Disclosing sensitive personal information about others;
- Storing personal or sensitive information, including without limitation, “Protected Information” as defined under the IT Act;
- Phishing or engaging in identity theft;
- Distributing computer viruses, worms, Trojan horses or other malicious code;
- Promoting or facilitating prostitution or sex trafficking;
- Hosting ponzi, pyramid and MLM schemes, or websites that engage in unlawful or deceptive marketing practices;
- Hosting, distributing or linking to child sexual abuse material or content that is harmful to minors (such items will be suspended immediately without notice and reported to the law enforcement agencies.
- Distributing pornography or adult related content or offering any escort services;
- Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
- Gambling or selling weapons or ammunition;
- Promoting or facilitating violence or terrorist activities; or
- Infringing the intellectual property or other proprietary rights of others.
Excessive Use of Resources or Network Abuse
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
- Hosting or linking to an anonymous proxy server;
- Operating a file sharing site;
- Hosting scripts or processes that adversely impact our systems;
- Utilizing software that interfaces with an Internet Relay Chat (IRC) network; or
- Hosting plugins that adversely impact our systems.
- Exceeding:
- 10% CPU Usage;
- 5% Memory Usage or 512 MB Memory;
- 50 Running Processes;
- 15 Minute Max Execution Time; and
- 150,000 Total Inodes.
Unauthorized System Access
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:
Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
Intercepting or monitoring data without permission; or
Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Ementrix’s website or servers for any unauthorized purpose.
Re-sale of Services
The shared-managed hosting or email services provided by us may in no way be used for re-sale or re-sold to leased or rented to others.
Storage of Backups
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Ementrix reserves the right to remove backups from your hosting account with or without notice.
Zero Tolerance Spam Policy
Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
Forging or misrepresenting message headers is prohibited.
Websites advertised via spam (i.e. “Spamvertised”) may not be hosted on our servers.
You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).
You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.
Hourly Outgoing Email Limits
(excess messages will be discarded and not delivered):
- 500 outgoing email messages per 60 minute period.
- Windows SmarterMail: 500 outgoing email messages per 60 minute period.
- Hmail: 500 outgoing email messages per 60 minute period.
2. Multi-Location Hosting
Ementrix does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. Ementrix also reserves the right to deny the transfer of any account to a new location for any reason.
3. Enforcement
Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
Ementrix reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Ementrix or the Services, as determined in Ementrix’s sole discretion.
Violations will be reported to law enforcement as determined by Ementrix in its sole discretion.
A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
Websites hosted on Ementrix’s servers are located in locations across the globe and are governed by the local laws where the servers are located. For example, our servers in the U.S. are generally governed by U.S. law and servers locally located in India are governed by Indian law. As a managed web hosting service provider, Ementrix is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Ementrix’s sole discretion, orders material to be removed, Ementrix will disable access to such material.
Notwithstanding the foregoing, users / subscribers are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Ementrix reserves the right to take local legal considerations into account and to respond accordingly in Ementrix’s sole discretion.
Enforcement of this AUP is at Ementrix’s sole discretion.
4. Reporting Violations
To report a violation of Ementrix’s AUP (including infringement of intellectual property or other proprietary rights), please email [email protected].
<< Back to Shared Managed Hosting | Last Modified: 14 October 2022