Acceptable Use Policy

Please review these terms carefully. Inquiries regarding this policy should be sent to abuse@gaglani.com.

This Acceptable Use Policy (“AUP”) provides users of Gaglani Services (the term “Services” encompasses Gaglani’s various systems and network) with a clear statement of the rules and usage restrictions that apply to the use of Gaglani’s Services. This AUP is integrated into your Consolidated Service Plan (CSP) with Gaglani Enterprises, and your service may be suspended or terminated for violation of this AUP.

Violations of the Acceptable Use Policy

Your use of Gaglani’s Services may not violate any of the following rules. Gaglani may, without notice to you, suspend your service or remove any content transmitted via the Gaglani service if it determines that you have engaged in any activity that violates this AUP. You must cooperate with Gaglani’s investigation of any suspected violation of the AUP. Gaglani will attempt to contact you prior to suspension of network access to your server(s); however, prior notification is not assured. Gaglani may also report your activities to Federal and/or State law enforcement agencies.

You are strictly responsible for the violation of this AUP, including violation by your customers and those due to unauthorized use of your service. Gaglani will not intervene or become involved in any disputes between you and a third party.

Bulk or Commercial E-Mail

Gaglani strictly prohibits your use of Gaglani’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. “SPAM” is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium. Permission-based communications are permitted only where:

• Your intended recipients have given their consent to receive e-mail, such as via an opt-in procedure;
• You have working “unsubscribe” links in place that allow a recipient to revoke their consent. You must honor all unsubscribe requests within 72 hours;
• You post an e-mail address for complaints (such as abuse@yourdomain.com) in a conspicuous place, register that address at abuse.net, and promptly respond to messages sent to it;
• You do not obscure the source of your e-mail in any manner, and your e-mail includes the recipient’s address in the body or in the “To” line.

These policies apply to messages sent using your Gaglani Service, or to messages sent from any network that refer the recipient to a site or e-mail address hosted via your Gaglani Service. Gaglani reserves the right to suspend or terminate your Services in the event Gaglani receives an excessive number of complaints related to your permission-based communications, as determined in its sole and exclusive discretion.

Illegal or Abusive Activity

You may not use Gaglani’s Services to encourage or endorse illegal or abusive behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without express approval of the owner;
• Monitoring data or traffic on any network or system without the express approval of the owner;
• Forging, misrepresenting, omitting or deleting message headers, return mailing information or IP addresses to conceal or misidentify the origin of a message;
• Creating or transmitting any Internet virus, worm, Trojan horse or code intended to disrupt services, destroy data or damage equipment;
• Maintaining open mail relays, or forwarding/propagating “chain” mail or mail bombs;
• Using disk space, processors or other system resources beyond those allowed by your specific account;
• Creating any Internet Relay Chat (IRC) server;
• Using false, misleading or deceptive TCP-IP packet header information;
• Hacking, subverting, or assisting others in subverting the security or integrity of Gaglani’s Services;
• Displaying indecent or obscene images or content;
• Soliciting confidential information, such as passwords or credit card information;
• Any conduct likely to result in retaliation against the Gaglani network, website or personnel, including behavior that results in a server being the target of a denial-of-service (DoS) attack.

Prohibited Content

You may not distribute any content, or links to content, that Gaglani reasonably believes: is excessively harassing content or hate speech; improperly exposes confidential or proprietary information of another person; is otherwise illegal or solicits illegal conduct; or is malicious, fraudulent, or may result in retaliation against Gaglani by offended viewers. Gaglani reports the use of its Services to distribute child pornography as required by law, and will not notify you that it may be cooperating with law enforcement.

Security

You must take reasonable security precautions in light of your use of the Gaglani Services. You must protect the confidentiality of your password(s) and should change them periodically. A compromised server is potentially disruptive to Gaglani’s Services and other customers; therefore Gaglani may take your server offline if it is accessed by a third party without your consent.

Intellectual Property

You may not use Gaglani’s Services in any manner that infringes or misappropriates the intellectual property rights of a third party, including trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights. Gaglani reserves the right to suspend or terminate your Services upon receipt of a third-party claim of infringement, and may allow continued use provided you promptly confirm you have discontinued the allegedly infringing activity or provide a court order confirming non-infringement.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of Gaglani Services, or to breach Gaglani’s security or authentication measures, without Gaglani’s express written permission.

Dedicated Server Customers

If you are the registered owner of a Gaglani custom dedicated account, you are solely responsible for any security breaches affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and Gaglani may launch an investigation. In such an event, you are liable for all costs to repair any damage done to your server by the security breach. Gaglani will not be accountable to you or your end users for any loss or corruption of data, inability to access the Internet or Gaglani’s Services, or inability to transmit or receive information as a result of any actions taken by Gaglani in response to such security breaches.

No Credit or Refund for Suspension or Termination

Gaglani does not issue credits or refunds for outages incurred as a result of suspension or termination of its Services for a violation of this AUP. You agree to hold Gaglani harmless from any claims by your end users or any third party that they have been affected by reason of such suspension or termination.

Amendments

The ways in which the Internet may be abused are still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our services. Gaglani is under no duty to monitor or police our customers’ activities and disclaims any responsibility for any misuse of Gaglani’s Services. Gaglani disclaims any commitment to any person who has not entered into an agreement with Gaglani Enterprises for services.