Acceptable Use Policy

This Acceptable Use Policy (AUP) dictates the use of YourSmartHost's web hosting services. Please note that the violation of the below-mentioned points of AUP will result in suspension or termination of your services. In case of any disputes, the appropriate jurisdiction is Surat Courts in India. Do not hesitate to contact legal@yoursmarthost.com in case of any question about AUP. It is a must to comply with AUP for all service users (you, your affiliates, agents). The latest AUP is provided below:

Offensive Content

All service users are prohibited from publishing or transmitting through YourSmartHost's service any content that YourSmartHost reasonably considers:

• is unfair or deceptive according to the consumer protection laws of any jurisdiction. It includes communication for chain letters and pyramid schemes;
• is defamatory in nature or a violation of an individual's privacy;
• is implied to offer assistance to others to defeat the technical copyright protections;
• if there are infringements on another person's trade or service mark, patent, or other property rights;
• includes pornography in any form or is minor/child pornography;
• is excessively violent in nature, inciting violence, threatening violence, or containing content viewed as harassment, or any form of hate speech;
• creates a viable risk to a person's or to the public safety or health, compromises national security in any form, or interferes with an active investigation by the law enforcement;
• any promotion of illegal drugs, violation of the export control laws, associated with illegal gambling, or trafficking of illegal arms;
• is in any manner illegal or solicits any conduct that is viewed to be illegal under laws applicable to you or to YourSmartHost; or
• is in any way fraudulent, malicious, or may result in any retaliation against YourSmartHost by viewers who deem the content to be offensive.

Unsolicited Email

Users do not hold any right to send out unsolicited emails (in bulk or individually) to any individual who does not intend to receive them.

Users are asked to abide by the rules of the network system they intend to access or participate in while using the services provided by YourSmartHost.

Newsgroup, Chat Forums, Other Networks

Users should abide by all the rules and conventions set by the legal authorities while posting any news on bulletin boards, responding in chat groups, or other forums. Comply with all the rules and standards related to the content and commercial postings. These groups, such as IRC and USENET, have predefined provisions that prohibit the posting of off-topic commercial messages, or mass postings, to multiple forums.

Vexation & Harassment

YourSmartHost does not support any harassment, malice, or abuse towards its employees or subsidiaries. Any form of harassment, cursing, threats, or ill will shall not be tolerated by YourSmartHost or its authorized agents.

The Customer must acknowledge and agree to communicate professionally, regardless of the mode of communication. YourSmartHost reserves all the rights to terminate the services or suspend them if the customer is found in violation of this clause.

Prohibited Materials and Services

YourSmartHost does not permit the use of material such as:

• Public proxy, tor, torrents, warez, any escrow, high-yield investment programs (HYIP), lottery sites and services, or illegal gambling.
• The explicit use of distributed computing software such as SETI@home or coin miners, including but not limited to CHIA miners.
• Usage of file sharing, BitTorrent, or any P2P network services, client, or server software.

YourSmartHost’s approved materials and services must be used for the “published” or “transmitted” content. The content type can be Web content, email, bulletin board postings, chat, and any other type of posting or transmission

YourSmartHost reserves the right to suspend or terminate the services for using any prohibited materials and services.

Spamdexing

The customer agrees not to get engaged in activities pertaining to black hat SEO, spamdexing, link farming, content spamming. These activities can have severe harmful effects on server performance.

Any conduct that is likely to result in retaliation against YourSmartHost's network or website, or YourSmartHost's employees, officers, or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DDOS).

Bulk Commercial Email

Customer agrees to not have any content on their site that advocates, sells, or in any way makes available tools or methods to send unsolicited e-mail or USENET postings (spam), or to use YourSmartHost web hosting’s servers for relaying unsolicited e-mail or USENET postings, or to use unsolicited e-mail or USENET postings to advertise for their site hosted at YourSmartHost. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund. You must comply with the rules and conventions for postings to any bulletin board, chat group, or another forum in which you participate, such as IRC and USENET groups, including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages or mass postings to multiple forums.

Any kind of bulk emailing is strictly prohibited with shared or reseller hosting. With VPS and dedicated hosting, you must obtain YourSmartHost's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all the following to YourSmartHost's reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor the recipient's and YourSmartHost's requests to produce consent evidence within 72 hours of receipt of the request.
• You have procedures in place that allow a recipient to easily revoke their consent — such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that the revocation of their consent will be honored in 72 hours;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the “TO” line of the e-mail; and
• You otherwise comply with the CAN-SPAM Act and other applicable laws

We will regularly monitor such activities, including requesting opt-in information from a random sample of your list at any time.

Material Protected by Copyright

Users are not permitted or authorized to publish, distribute, or otherwise copy in any manner any music, software, art, or any other work protected by copyright law unless:

• you are clearly authorized by the owner of the copyright for the work to duplicate or copy the work in any manner;
• you have received a permit from the established United States copyright law to duplicate the art or work in that manner.

YourSmartHost holds the right to terminate the service of Customers found to be repeatedly infringing the copyrights

Security

It is the responsibility of the customers to manage and maintain reasonable security precautions for their accounts. The Customer is responsible for updates and protection of the login credentials provided by YourSmartHost services. The Customer is required to maintain the confidentiality of the password and other credentials. YourSmartHost advises changing the passwords periodically to reduce the risk of unauthorized access. Customers will be held accountable for updating the customer-installed software and other external applications. YourSmartHost does not provide any guarantee or warranty of the security and overall operability of 3rd party software or scripts installed on your server.

IP Addresses

YourSmartHost assigns IP addresses to customers depending on the packages and the guidelines of ARIN:https://www.arin.net/policy/nrpm.html

The IP addresses allotted must have the proper justification of the specified policy. YourSmartHost holds all the rights to raise requests for IP address verification at any time for the allotted IPs. Failure to comply may result in the IP addresses being revoked at YourSmartHost's discretion.

External Storage

The external data storage packages offered by YourSmartHost are only applicable for retaining the data and maintaining a backup of it. The external data backup can be used to restore the data when required. Users are not permitted to utilize the external storage services for any other tasks including, but not limited to content delivery networks, download sites, file exchange, torrents, and more. The external storage service packages offered by YourSmartHost must follow the AUP and TOS.

Resource Usage

YourSmartHost has the right to suspend the services or terminate the accounts if the customer is found violating the following best practices. The termination and suspension of the accounts may happen with or without prior notice or liability.

YourSmartHost has the right to hold the customers accountable for resource abuse and take action against it

Please take note of the specific restrictions for the respective packages listed below.

Unless otherwise specified, all portions of the AUP apply to the below services, including the additional items listed.

• 1. Use 25% or more of system CPU resources for longer than 90 seconds. Including but not limited to Perl Scripts, CGI, PHP, Python, HTTP, etc.
• 2. Usage of the services that result in performance impacts or disproportionate consumption of the shared resource base.

• 1. Usage of the services that result in performance impacts or disproportionate consumption of the shared resource base.

• 1. Usage of the services that result in performance impacts or disproportionate consumption of the shared resource base.
• 2. Using swap files to bypass resource limitations.

• 1. No additional restrictions outside the standard AUP.

• 1. You cannot use Shared Cloud Accounts for file storage, database storage, media storage and streaming, computer backups, or archival purposes.
• 2. Every individual account has a specific limit of executing no more than 100 processes at any given time.
• 3. Every account has a limit of 60 seconds for an individual execution process.
• 4. The maximum time for executing a single MySQL query is 30 seconds.
• 5. Every account restricts the operating time to 60 seconds for all the backend services.
• 6. Every account has a limit of sending a maximum of 100 emails per hour.

• 1. Every active and resold account has a limit of 200,000 inodes, and it has a maximum combined 1024 IOPS disk performance.
• 2. You cannot use the account for file storage, media storage and streaming, computer backups, or archival purposes.
• 3. Every active and resold account has the limit of executing 100 processes at any given time.
• 4. Every active & resold account has a maximum limit of 60 seconds for executing any process.
• 5. Execution of a single MySQL query is not more than 30 seconds.
• 6. There is a restriction on every active and restricted account to limit the time for operating backend services or processes to no longer than 60 seconds.
• 7. Every account has a limit of sending 100 emails per hour.

• 1. Every WordPress account has a limit on maximum CPU usage, equivalent to 1 CPU Core for WP-1 and 2 CPU Cores for WP-2 packages.
• 2. Every WordPress account has a limit on memory usage and processes. You can use a maximum of 1024 MB of memory and a maximum of 256 MB per process.
• 3. Every WordPress account has a limit of 250,000 inodes, and it has a maximum combined 1024 IOPS disk performance.
• 4. You cannot use WordPress accounts to store files, media, streaming, computer backups, or archival purposes.
• 5. You have a limit of executing 100 processes at any given time.
• 6. Every WordPress account has a restriction of execution time for processes. It should not be longer than 60 seconds.
• 7. Each MySQL query is limited to a maximum execution time of 30 seconds.
• 8. There is a restriction on every active and restricted account to limit the time for operating backend services or processes to no longer than 60 seconds.
• 9. Every account has a limit of sending 100 emails per hour.
• 10. The WordPress accounts are designed and optimized for WordPress hosting explicitly. You cannot install any other unsupported software or applications.

Network Abuse

YourSmartHost is highly reputable and does not give provision to condone or authorize any forms of network abuse, including denial-of-service attacks, phishing attempts, port scans, SYN Floods, etc.

YourSmartHost has the complete rights to determine the activities and processes that reflect network abuse and take the appropriate action against the Customer with or without prior notification and without liability.

Listed below are the illegal, abusive, or irresponsible behavior in which you should not be involved at any given time.

• Keep a tab on unauthorized access or use of data, systems, or networks. It includes probing attempts, scanning, and monitoring the vulnerability of the overall system and network. These activities lead to breaching the security and various authentication measures without notifying or getting permission from the owner.
• Unauthorized monitoring of data or site traffic on any network or system without the owner’s permission or authorization.
• Interference in the security, networking, and hosting packages such as mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
• Unauthorized usage of an internet account or computer for scanning internet services, gaining access to confidential credentials, breaching security, and scanning ports.
• Gaining access to the header information to forge TCP-IP packet header in an email or a newsgroup posting;
• Any activity that leads to retaliation against the YourSmartHost network and services. Usage of YourSmartHost services and network to gain unauthorized access. Or interfering with YourSmartHost’s other customers' use of the network.

Copyright Infringement Notice (Digital Millennium Copyright Act)

It is your responsibility to undertake security efforts such as protecting the confidentiality of your password and regular change of passwords at regular intervals.

If you have any issue with the site hosted which infringes your copyright, please send us complete details at the below address:

Copyright Department

WebConnect Private Limited

401, Meridian Tower, Udhana Darwaja

Ring Road, Surat (Gujarat)

INDIA - 395002

The details must include below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit YourSmartHost to locate the material;
• Information reasonably sufficient to permit YourSmartHost to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Others

You must have valid and current information on file with your domain name registrar for any domain hosted on the YourSmartHost network.

Disclaimer

YourSmartHost.com is under no compulsion or duty to monitor or police our customer's activities unless it is brought to notice. We agree to immediately suspend/terminate illegal activities if they come under notice through any means, however, we disclaim any responsibility for any misuse of the network.

You can direct your questions regarding AUP to legal@yoursmarthost.com