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AUP and TOS

AUP ( Acceptable Use Policy ) and TOS (Terms of Service) policies are provided to give our customers and users a clear understanding of what Etrack IT Solutions LLC expects of them while using the service. 

Those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of Etrack IT Solutions LLC constitutes acceptance and agreement to Etrack IT Solutions LLC AUP as well as Etrack IT Solutions LLC TOS (Terms of Service)

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

Etrack IT Solutions LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Etrack IT Solutions LLC account. This document is intended to provide a basic understand of Etrack IT Solutions LLC Acceptable Use Policy.

The following are guidelines for the establishment and enforcement of Etrack IT Solutions LLC AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users Etrack IT Solutions LLC intends to provide its customers access to everything the Internet has to offer.

While Etrack IT Solutions LLC is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Etrack IT Solutions LLC and the Internet and cannot be permitted under the guise of free speech. The resources of the Etrack IT Solutions LLC and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which Etrack IT Solutions LLC determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If a Etrack IT Solutions LLC account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at Etrack IT Solutions LLC.

VIOLATIONS OF Etrack IT Solutions LLC TOS/ACCEPTABLE USE POLICY
Examples of what Etrack IT Solutions LLC considers non-acceptable content and/or links to such.
Pirated software

  • Bulk Email /Spam related products
  • Illegal Pornography/Nudity
  • Adut content of any type
  • Warez/Adults/Cracked products forum/blog
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Illegal material or material that is against public policy
  • Free Hosting of any kind
  • Game sites
  • Public Download Sites of any kind(computer applications,games,mobile apps)
  • Proxy Sites
  • Bulk File Storage and Streaming Audio/Video hosting
  • User Forums containing links to material that violates our TOS
  • Content or links to sites that are detrimental to public policy, health and welfare
  • No rapishare related scripts
  • No MIRC
  • Dummy domains are not allowed ( Domains created just for fun or testing purposes or invalid domains or zero megabyte domains which are not pointing to our server)
  • Resource Usage

User may not:
Use 21% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

  • Abusing our staffs of any kind.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer on shared servers.
  • Run any software that interfaces with an IRC network.
  • Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers etc
  • Run cron entries with intervals of less than 15 minutes

Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised.
VIOLATIONS OF Etrack IT Solutions LLC ACCEPTABLE USE POLICY

We do offer money back gurantee of 7 days for our shared,reseller and master reseller plans. However we do not offer moneyback guarnatee for VPS plans as well as Dedicated server packages.

Users who violate systems or network security may incur criminal or civil liability.

Customers can cancel their services with us at any time. No pro-rated refund of unused months will be provided in case if the customer wish to cancel the services. If the main service is cancelled then all the services associated with the main service will be cancelled. For example, the set of additional dedicated ip or control panel license will be cancelled if the main server is cancelled. Same case with shared/reseller packages The client is responsible for keeping their backup. We will not give backups of the services after the date of cancellation from the client

Etrack IT Solutions LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Etrack IT Solutions LLC will not disclose any details of our clients to any third party without the written permission from the client. All the information that we collect about the client will be kept secret and will not be disclosed under any circumstances

REPORTING VIOLATIONS OF Etrack IT Solutions LLC AUP & TOS

Etrack IT Solutions LLC requests that anyone who believes that there is a violation of this AUP & TOS to direct the information to the Abuse Department at Etrack IT Solutions LLC If available, please provide the following information:

The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

Payment dues : All hosting accounts will be suspended the next day of payment due date and will terminate after 3-5 days from the due date if the payment is not received,unless otherwise there is a hold.

The following constitute violations of this AUP:

  1. Illegal use:Etrack IT Solutions LLC services may not be used for illegal purposes, or in support of illegal activities. Etrack IT Solutions LLC reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  2. Harm to minors:Use of the Etrack IT Solutions LLC harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  3. Threats:Use of the Etrack IT Solutions LLC to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  4. Harassment:Use of the Etrack IT Solutions LLC to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  5. Disputes:Opening a PayPal dispute will immediately terminate all the active service with us. You can contact us to discuss if you have any issues regarding payment.
  6. File backup:The users are responsible for files in their hosting account. So they must backup their important files in local pc , If your account is terminated /suspended because of breaking our TOS, then we can not provide you ,your files. So all users are requested to take their account’s backup at least once in a week. We are NOT responsible for any file loss / modifications in your account due to hacking / illegal activity problems.
  7. Backup File Storage:For the maximum performance and for getting sufficient storage space for all the users, a user may not store the backup of their site in this server. Users can generate backup and download it to their pc within 24 hrs
  8. Backup Restoring:We always help for a reseller to move their client’s backup. The first 10 backup restoring will be free of charge. From 11 there shall be a fee as decided by the support department. You should contact us before providing us the backup for restoring. Not paying the fee will be treated as violation of the tos and is subjected to the hosting account suspension/removal.
  9. Fraudulent activity:Use of Etrack IT Solutions LLC to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
  10. Termination of suspended account:We reserve the right to terminate suspended accounts after 5 days of suspension. You can contact us within five days to get a backup of the account if it is not the case of suspension due to non payment.
  11. Forgery or impersonation:Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Etrack IT Solutions LLC to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Etrack IT Solutions LLC account.
  12. E-mail / News Bombing:Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Etrack IT Solutions LLC account.
  13. E-mail / Message Forging:Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Etrack IT Solutions LLC is in violation of this AUP.
  14. Usenet Spamming:Etrack IT Solutions LLC has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  15. Unauthorized access:Use of the Etrack IT Solutions LLC to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Etrack IT Solutions LLC or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Etrack IT Solutions LLC account is subject to immediate termination. Accessing shell without permission is prohibitted and may cause the account suspension.
  16. Copyright or trademark infringement:Use of the Etrack IT Solutions LLC to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  17. Collection of personal data:Use of the Etrack IT Solutions LLC to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Network disruptions and unfriendly activity: Use of the Etrack IT Solutions LLC for any activity which affects the ability of other people or systems to use Etrack IT Solutions LLC or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account Etrack IT Solutions LLC will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  18. Fraud:Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  19. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  20. Distribution of Viruses:Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
  21. Inappropriate Use of Software:Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Etrack IT Solutions LLC could result in suspension service.
  22. Downloads:In order to maximize uptime on our servers, media, backups, warez, are forbidden on the server. Video/Game/Music targeted sites are not allowed.
  23. Third Party Accountability:Etrack IT Solutions LLC subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
  24. Violation Of Etrack IT Solutions LLC Virtual Accounts:It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
  25. Security:You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Etrack IT Solutions LLC may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Suspend the Member’s newsgroup posting privileges
  • Suspend the Member’s account
  • Terminate the Member’s account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Etrack IT Solutions LLC reserves the right to suspend/close any accounts with/without any prior notice