In this agreement the term "You", "your" and "customer" refers to you as the end user of our services or person authorized to act on Your behalf. "Newsys","We", "us" and "our" refers to Newsys Solution Private Limited. This acceptable use policy(AUP) sets forth the terms and conditions of your use of web hosting service offered by Newsys and it's resellers. Newsys may modify this AUP without any prior notice.

The services provided by Newsys may only be used for lawful purposes. By using the Services or accessing our website, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your services with or without warning.

A. PROHIBITED USES :

  • You may not use this site or Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Company's Network or Services, or any other party’s use or enjoyment of this site, Network, or Services.
  • You shall not use the Newsys’s services for adult-oriented and pornography sites. This includes sites that may include sexual content or links to adult content elsewhere.
  • If you have a reseller account with Us, you may not resell our hosting services to any clients or customers that sell adult content.
  • Use of the Newsys's hosting services to infringe upon another party's intellectual property rights is prohibited.This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account.Any account found to be infringing on the intellectual property rights of others will be immediatly removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
  • Using a shared account as a backup/storage device.
    You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

B. PROHIBITED MATERIAL :

  • Prohibited material on our services include without limitation:
    • BiTTorrent Trackers / Seedboxes
    • IRC (Internet Relay Chat) Services, including but not limited to IRCd, XDCC Bots, or FServs
    • Tor exit nodes or other forms of anonymous proxies or VPN services, due to the type of traffic that flows through them violating other parts of our terms of service
    • Pirated software
    • Hacker utilities or archives
    • Forums and/or websites that distribute or link to warez/pirated/illegal content
    • Installation or distribution of a software product that is not appropriately licensed for use by you
    • Data not intended for you by any method
    • Spamming Software
    • Bitcoin Miners
    • Automated or manual routines which consume excessive network bandwidth or computer resources software that circumvents user authentication or security of any host,network or account
    • Trademarked or copyrighted material which you are not licensed to distribute
    • Sale of any controlled substance without prior proof of appropriate permit(s)
    • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, etc)
    • Proxy Scripts/Anonymizers
    • Image Hosting Scripts (similar to Photobucket or Tinypic)
    • AutoSurf/PTC/PTS/PPC sites
    • IP Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/Spam Scripts
    • Banner-Ad services (commercial banner ad rotation)
    • File Dump/Mirror Scripts (similar to rapidshare)
    • Escrow/Bank Debentures
    • High-Yield Interest Programs (HYIP) or Related Sites
    • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    • Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
    • Lottery/Gambling Sites
    • Anonymous or Bulk SMS Gateways
    • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Child Pornography Prohibited:
    Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
  • Other Prohibited Content:
    We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

C. EXCESSIVE RESOURCE USAGE :

  • You may not:
    1. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
    2. Run stand-alone, unattended server-side processes at any point in time on our Shared Servers. This includes any and all daemons, such as IRCD.
    3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
    4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
    5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our servers.
    6. Participate in any file-sharing/peer-to-peer activities
    7. Run cron entries with intervals of less than fifteen (15) minutes on our Shared Servers.
    8. Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
    9. Include the URL when using PHP include functions for including a local file. Instead of including 'http://yourdomain.com/include.php', use 'include.php' or '/path/to/include.php'.
    10. Force html to handle server-side code (like php and shtml) to help reduce usage.
  • Inode Usage:
    The use of more than 250000 inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds 200000 inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
    User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here".

D. NO SPAM; EMAIL POLICY:

Use of email on Newsys servers is governed by our Email Policy and these terms below:

  • Mass Mailings:
    Newsys has a zero-tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Newsys Solution Private Limited whether or not the message actually originated from our network.
  • Mailing Lists:
    Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Newsys will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the Company’s services whether or not the message actually originated from our network.

Violation of this NO-SPAM policy will result in the Company taking one or more of the following actions:

  • A warning via e-mail or telephone
  • Suspension of your site until furthur notice
  • Removal of DNS for the advertised/originating site
  • Temporarily blocking outgoing mail from your site
  • At the sole descretion of the Company, violation of this NO-SPAM policy will result in immediate disconnection of service with no
  • re-activation.
  • The Company reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Company's Network.
  • PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various internations, federal, state and local laws and regulations.

E. DEFAMATION:

Websites hosted on Newsys Solution Private Limited's servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Newsys policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Newsys Solution Private Limited is not a publisher of Customer content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

F. VIOLATION:

Newsys reserves the right to suspend service to any Customer located in our datacenter for violation of the AUP. Newsys will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Newsys reserves the right to terminate service without notice for continued and repeated violations of the AUP.

  • Resellers:
    If there is a violation of this AUP by one of a reseller's client's account, Newsys will suspend the account in question and will notify the reseller so that the reseller can terminate the account.Newsys may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.
  • Direct customers:
    Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

This document was last updated on 20/10/2016