Acceptable Use Policies (AUP)
Oryon (Exceeding Expectations) India, (referred hereinafter as ‘Oryon Exceeding Expectations’, ’www.oryon.in’, ‘our’, ‘we’ and ‘us’) is a web hosting solutions provider. All accounts on our web servers are subject to the Acceptable Use Policy (AUP) described in this document. Under this Acceptable Use Policy, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.
Oryon (Exceeding Expectations) has developed this 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 Oryon (Exceeding Expectations) services.
This AUP will be revised from time to time. A customer’s use of Oryon (Exceeding Expectations) after changes to the AUP are posted on Oryon (Exceeding Expectations)’s web site and www.oryon.in will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.
Why does Oryon Exceeding Expectations have this policy?
The policies are in place to protect you, our customers, from poor service quality. Generally, we will not shutdown any site unless it is adversely affecting other customers on the same server. However, it is good for you, our customers to be aware of it.
1. Unsolicited Bulk/Commercial Email/SPAM
The use of Oryon (Exceeding Expectations) servers and networks to transmit unsolicited bulk/commercial email (also know as SPAM) is strictly forbidden. Under no circumstance is the transmission of spam acceptable or tolerated. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Oryon (Exceeding Expectations) has the discretion to determine from all of the evidence whether the e-mail recipients were from an “opt-in” e-mail list. Refer to our UCE/SPAM Policy for more information. & without notice.
2. Content & Service Restrictions
A) Adult Content
Under no circumstance is pornography permitted.Oryon (Exceeding Expectations) will be the sole arbiter as to what constitutes a violation of this provision.
B) 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. It includes also, engaging in activity that violates privacy, publicity, or other personal rights of others. Oryon (Exceeding Expectations) is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Oryon (Exceeding Expectations)’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
C) Chat Applications
All interactive chat web applications are strictly prohibited on Oryon (Exceeding Expectations)’s servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides ‘real-time’ chat is not permitted. Shoutboxes, chatboxes, live chat/live help (such as but not limited to LiveZilla) and other web based chat programs are prohibited
D) Actively Exploited Web Applications
All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web based applications and scripts on a regular basis to ensure they’re secure and up to date.
Forums and any applications using a commenting system should have some form of spam protection or moderation. CAPTCHA is a popular way to eliminate spam robots from spamming your website.
1) Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
2) Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
3) Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
4) Bit torrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are forbidden.
3. Resource Usage Restrictions
A) Processes Restrictions
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
1) Consume more than 1 GB of RAM.
2) Create core dumps
3) Number of simultaneous processes should not exceed 15.
4) Execute a script/binary that forks in a way to create a fork bomb.
5) Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
B) Database Restrictions
1) All users are restricted to 15 concurrent MySQL connections.
2) Each database is restricted to 2 GB of disk space.
3) Database queries should not exceed 3,000 per hour.
4) Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
5) Remote database access is for administrative purposes only.
B) Web Restictions
1) Simultaneous web server (Apache/LiteSpeed) connections may not exceed 50 from one individual source at any given time
2) Web processes should not fork or spawn subprocesses.
C) Email and Mailing Lists
1) The maximum number of members per mailing list is 1,500. Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
2) POP connections are limited to 60 per hour.
3) SMTP connections (outbound email connections) are limited to 350 per hour per server account.
D) Cron Jobs
The frequency of any cron job must not be less than 15 minutes.
You agree to indemnify, defend, and hold harmless Oryon (Exceeding Expectations) from any and all liability, penalties, losses, damages, costs, expenses, lawyers’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Oryon (Exceeding Expectations), or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
5. Refusal or discontinuation of service
Oryon (Exceeding Expectations) reserves the right to refuse or discontinue service to anyone at Oryon (Exceeding Expectations) management’ sole discretion. Oryon (Exceeding Expectations) may deny you access to all or part of the service without notice if you engage in any conduct or activities that Oryon (Exceeding Expectations) in its sole discretion believes violates any of the terms and conditions in this agreement. Oryon (Exceeding Expectations) shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Oryon (Exceeding Expectations) has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Oryon (Exceeding Expectations) reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Oryon (Exceeding Expectations) also reserves the right to refuse refunds in cases where Oryon (Exceeding Expectations) believes abuse has taken place.
6. No warranties
Oryon (Exceeding Expectations) makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Oryon (Exceeding Expectations) or its agents or employees shall create a warranty. Oryon (Exceeding Expectations) provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Oryon (Exceeding Expectations) be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Oryon (Exceeding Expectations) service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Oryon (Exceeding Expectations)’ servers that such information becomes available to all Internet users and that Oryon (Exceeding Expectations) has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Oryon (Exceeding Expectations)’ servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Oryon (Exceeding Expectations) or on the Internet generally.
Your use of the service is at your sole risk. Oryon (Exceeding Expectations) is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Oryon (Exceeding Expectations) servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Oryon (Exceeding Expectations), including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Oryon (Exceeding Expectations) policy decisions.
Oryon (Exceeding Expectations) reserves the right to monitor any and all communications through or with our facilities. You agree that Oryon (Exceeding Expectations) is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
7. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account are at least 21 years of age. If you are under 21 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Oryon (Exceeding Expectations) with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
8. Sharing of account space
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller.
9. Payment & Other Information
You agree to supply appropriate payment for the services received from Oryon (Exceeding Expectations), in advance of the time period during which such services are provided. You agree that until and unless you notify Oryon (Exceeding Expectations) of your desire to cancel any or all services received, those services will be billed on a recurring basis.
10. 30 Days Money Back Guarantee
Each Shared hosting plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within the 30 Days Money Back Guarantee time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by Oryon (Exceeding Expectations) for violating our Acceptable Use Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.
11. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Oryon (Exceeding Expectations) or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Oryon (Exceeding Expectations)’ servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Oryon (Exceeding Expectations) and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP should be sent to email@example.com
Any violation to the above AUP warrants the immediate termination of the customer’s account with no refund been made.
Any other cost associate with the violation of the above AUP will be bear by the customer. Oryon (Exceeding Expectations) will not be responsible for any such cost as a result of violation of the customer account.