Legal

1.            Web Werks offers its clients (also known as subscribers), and their clients and users; the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Web Werks respects that the Internet provides the forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Web Werks reserves the right to take certain preventative or corrective actions even though such Internet / Network connectivity has not been taken from Web Werks. Provided, however, Web Werks will take such preventive action, only if Web Werks proves to Client's satisfaction that such preventive / corrective action is required and after providing Client a written notice of reasonable period as per the demand of the situation to cure the same and the Client fails to cure within a reasonable period as agreed between Web Werks and Client. In order to protect these competing interests, Web Werks has developed an Acceptable Use Policy (AUP), which supplements and explains certain terms of each client's respective service agreement and is intended as a guide to the client's rights and obligations when utilising Web Werks's services. This AUP will be revised from time to time. A client's use of Web Werks's services will constitute the client's acceptance of this AUP. For avoidance of doubt, any chances to the AUP will be notified to the client in writing.

2.            One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Web Werks cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscriber may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be, aware of some material posted to the Internet is sexually explicit or otherwise offensive. Because Web Werks cannot monitor or censor the Internet, and will not attempt to do so, Web Werks cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

3.            When subscribers disseminate information through the Internet, they also must keep in mind that Web Werks does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is hosted on equipment co-located in Web Werks data center and may reach a large number of people, including both subscribers and non-subscribers of Web Werks, subscribers posting to the Internet may affect other subscribers, violate Web Werks policy and the service agreement when they, their client, affiliates, or subsidiaries engage in the following prohibited activities:

4.            Spamming:- Sending unsolicited bulk and/or commercial message over the Internet. It is harmful because of its negative impact on consumer attitudes toward Web Werks data center services. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Web Werks has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list

5.            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 privacy and patents held by individuals, corporate, or other entities. Also, engaging in activity the violates privacy, publicity, or other personal rights of others. Web Werks is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement. It is also Web Werks's policy to terminate the privileges of clients who commit repeat violations of copyright laws. Provided, however, Web Werks shall not remove or block access to Client content or terminate Client's privileges until a court or competent authority having jurisdiction directs that such actions are required to prevent any intellectual property infringement by Client.

6.            Obscene speech of Materials:- Using Web Werks's services to advertise , transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Web Werks is required by law to notify law enforcement agencies when it becomes aware of the presence of pornography on or being transmitted through Web Werks's data center.

7.            Defamatory or Abusive Language:- Using Web Werks's Data center services as a means to transmit or post defamatory, harassing, abusive, or threatening language.

8.            Forging of Headers :- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

9.            Illegal or Unauthorised Access to other Computers or Networks :-Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as " hacking "). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan , or other information gathering activity).

10.          Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities:- Distributing information regarding the creation of and sending Internet viruses , worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of interfere with the ability of others to effectively use the network or any connected network, system, service , or equipment.

11.          Facilitating a Violation of this AUP.:- Advertising, transmitting or otherwise making available any software, program, or service that is designed to violate this AUP, , which includes the facilitation of the means to Spam, initiation of pinging, flooding mail bombing, denial of service attacks, and privacy of software.

12.          Other Illegal Activities:- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available, pirating software and fraudulently charging credit cards.

13.          Other Activities:- Engaging in activities, whether lawful or unlawful, that Web Werks reasonably determines to be harmful to its subscribers, operations, reputation, goodwill, or client relations. As per policy we do not allow gaming servers from our data center.

14.          The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Web Werks will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Web Werks policy or applicable law. When Web Werks becomes aware of harmful activities, however, it may take any action to stop the harmful activity it deems appropriate. Provided, however, if any action proposed by Web Werks to stop a harmful activity is likely to affect Client's use of the Services, Web Werks will not initiate such action without providing Client a notice of reasonable period as per the demands of the situation to cure the same and the Client fails to cure within a reasonable period as agreed between Web Werks and Client.

15.          Web Werks also is aware that many of its subscribers are, themselves, providers of Internet services, and the information reaching Web Werks's facilities from those subscribers may have originated from a client of the subscriber or from another third-party. Web Werks does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by clients of its subscribers. Web Werks has the right to directly take action against a client of a subscriber. Also, Web Werks may take action against the Web Werks subscriber because of activities of a client of the subscriber, even though the action may affect other clients of the subscriber. Similarly, Web Werks anticipates that subscribers who offer Internet services will cooperate with Web Werks in any corrective or preventive action that Web Werks deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Web Werks Acceptable User Policy.

16.          Web Werks also is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more or less secure than other means of communications, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised, As a matter of prudence, however, Web Werks urges its subscribers to assume that all of their on-line communications are insecure. Web Werks cannot take any responsibility for the security of information transmitted over Web Werks's facilities.

17.          Web Werks will not intentionally monitor private electronic mail messages sent or received by its subscribers unless to do so by law, governmental authority, or when public safety is at sake. Web Werks may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. In the event that a court order, subpoena, summons, discovery request, warrant, statute regulation, or governmental request etc., requires Web Werks to disclose the Client Information concerning a subscriber, a transmission made using our network, or a web site, Web Werks will promptly notify Client of the same and shall take all effective steps including, without limitation, providing an opportunity to Client to also ensure that as far as possible, Client's Confidential Information is not disclosed by Web Werks. Web Werks assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Web Werks expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply those laws will violate Web Werks's policy.

18.          Physical Security Policy for using Web Werks IDC Services

                Web Werks shall allow unlimited visits to IDC from Client's personnel for managing the co-located servers/ equipment.

                A maximum of 04 Client personnel, nominated by the Client upon execution of the Agreement shall be issued IDC access cards by Web Werks.

                At any single point of time, a maximum of 02 Client's personnel shall be allowed to access the IDC.

                Web Werks IDC shall issue electronic access cards to the authorised personnel of the Client. Authorised personnel can enter the IDC only upon production of a valid identity / access card.

                In case, any representative of Client, other than the authorised personnel, to whom access cards have been issued, wants to visit IDC, a written confirmation of the same needs to be sent by the Client to IDC's operations manager.

                Client shall be only be given access to the server hall where Client's Equipment has been installed. However, Web Werks may give access to any other area in IDC upon request of Client with appropriate reason, for the same.

                Client cannot bring any material, which may be hazardous in nature, including but not limited to chemicals, wooden material, plastic material, packaging material etc. in the collocation space. Web Werks reserves the rights to deny the entry of such material to collocation space after discussion with Client.