Terms and Conditions of Service

In providing its Internet Hosting service Brainpulse is required to meet a range of legal and ethical responsibilities. In the interests of its customers and of the service provided to them, Brainpulse also requires that they observe certain mutually protective and beneficial standards of behaviour. These are outlined in the paragraphs below.

Please read these Terms and Conditions carefully before registering for this service. If you do not accept these terms, you may not access or otherwise use these services. Registration for or continued use of the Web Hosting facilities offered by Brainpulse indicates your acknowledgement that you have read and accepted these Terms and Conditions and that you agree to be bound by them. Brainpulse reserves the right to suspend or cancel a customer’s access to any or all services provided directly or indirectly by Brainpulse when we decide that these terms have been broken or intent of these Conditions has been abused.

Modification of this agreement

Brainpulse reserves the right to amend its terms of operation by posting the amended Terms and Conditions on its web site. The effective date of the modified Terms and Conditions shall be the date on which the modified terms were posted on the web site. The customer accepts a duty to periodically check the Terms and Conditions posted on the Brainpulse web site. Brainpulse may also add, delete or modify some or all of its services from time to time at its sole discretion.

Applicable Laws

The operational bases of Brainpulse are located at A-4 Sector 27 Noida UP-201301. The agreement between you and Brainpulse is therefore subject to the laws of India. For clients outside India they are also subject to the laws of India.

Term and Renewal

This Agreement will begin upon the date Customer registers with Brainpulse and shall continue for the period set forth in the registration, unless earlier terminated according to the provisions below. This Agreement will continue automatically for additional terms equal to the Initial Term (each, a “Renewal Term”) unless either party provides notice at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as applicable, that it has elected not to renew the Agreement.

CGI Scripts

Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal shared server operation without warning.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Brainpulse is strictly prohibited. Unauthorized use of other people's accounts or computers Brainpulse will act on any attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (obtaining passwords by deception), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Brainpulse customer, whether or not the attacked account or computer belongs to Brainpulse, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.

IMPORTANT NOTE

Brainpulse has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined herein.

Customers may not run IRC, bots or customers on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, or anything else determined by Brainpulse to be unacceptable use of Brainpulse services including abuse of server resources.

Shared hosting accounts may be terminated if they contain or which have links to the following content:

1: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity

2: Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual

3: Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers) - must move to an adult server. Contact sales for more information.

4: Displaying material that exploits persons under 18 years of age

5: Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

6: Warez sites.

Unsolicited Email (Spam)

Any attempt to undermine or cause harm to a server, or customer, of Brainpulse is strictly prohibited. Unauthorized use of other people's accounts or computers Brainpulse will act on any attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (obtaining passwords by deception ), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Brainpulse customer, whether or not the attacked account or computer belongs to Brainpulse, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.

Server Abuse

Unsolicited commercial advertisments (spam) are not allowed, and will result in account cancellation. Brainpulse takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:

1: Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning or refund.

2: Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").

3: Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

4: Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web site hosted by or through Brainpulse (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Abuse of SMTP Mail Server

We do not allow customers to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day, your account will be moved to a special server that is specifically designed to handle high volumes of e-mail additional cost may be needed.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We do not allow IRC or IRC bots on our servers. You can however, install IRC clients on dedicated servers.