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Acceptable Use Policy

Acceptable Use Policy / Terms and Conditions of Use

1.Introduction

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Nexus Technologies. If you engage in any of the activities prohibited by this AUP document Nexus Technologies may suspend or terminate your account.Nexus Technologies’s Acceptable Use Policy (the “Policy”) for Nexus Technologies Services is designed to help protect Nexus Technologies, Nexus Technologies’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Nexus Technologies. Nexus Technologies reserves the right to modify the Policy at any time, effective upon posting at https://nexus.pk/aup.php

Prohibited Uses of Nexus Technologies Systems and Services:

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Nexus Technologies’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Nexus Technologies’s servers, is prohibited. Nexus Technologies accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Nexus Technologies customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Nexus Technologies-hosted domain, or referencing any Nexus Technologies account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Nexus Technologies customers or end-users by any means or device.
Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Nexus Technologies network or on another provider’s network.
Using Nexus Technologies’s Services to interfere with the use of the Nexus Technologies network by other customers or authorized users.

2. Restricted Content

Nexus forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banner advertising, any adult website(s), child pornography, and distribution of adult website passwords. Client’s whose accounts are found in violation of this policy may, at the discretion of Nexus, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.

Client’s whose website promotes activities that violate Pakistan’s Federal state, Agenices Law, International laws and/or violation of U.S. export restrictions are also not welcome at Nexus. This includes “warez” sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client’s whose accounts are found in violation of this policy may, at the discretion of Nexus, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, Nexus may contact the Software Piracy Association (“SPA”) and release any information in connection with any illegal activities relating to software piracy on the Client’s account.

Nexus’ Network’s services may not be used for illegal purposes, or in support of illegal activities. Nexus reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services originating from your account.
Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
Forging any message header, in part or whole, of any electronic transmission, originating or passing through Nexus services.
Distributing viruses to or from Nexus systems.

Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

3. Trademarks Copyrights

Client warrants that it has the right to use the applicable trademarks, if any, and grants Nexus the right to use such trademarks in connection with Nexus’ Network’s service. Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by Nexus. Modification of scripts provided by Nexus without written permission is strictly prohibited.

4. Etiquette And Policies Spam Etc

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @nexus.net.pk, or @nexushosting.com or any domain name hosted with Nexus is strictly forbidden.

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Nexus allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately.

5. Backups And Data Loss

Your use of this service is at your sole risk. Nexus is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nexus servers.

6. Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

7. Excessive Cpu Memory Usage

Client agrees to take all responsibility for all programs including CGI/PHP/ASP/ASPX scripts executed under their account. Client may not Use 25% 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. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or php chat scripts or pages is strictly prohibited. Nexus provides an acceptable chat programs for clients with Unix Standard + accounts at no charge. Nexus reserves the right to suspend accounts without notice to clients who violate these terms. Nexus has sole discretion over what constitutes excessive usage.

Programs provided by Nexus as an installable feature are not exempt from this policy. While every efforts is made on Nexus‘ end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.

8. Limited Liability

a. Client expressly agrees that use of Nexus’ Network’s Server is at Client’s sole risk. Neither Nexus, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Nexus’ Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Nexus Server service, unless otherwise expressly stated in this Agreement. Out 99% uptime guaranty only covers the amount that was pad for the services.

b. Under no circumstances, including negligence, shall Nexus, its offices, agents, employees or anyone else involved in creating, distributing Nexus’ server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Nexus’s server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, detects, delays in operation, loss of domain registration or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, distraction or unauthorized access to Nexus’ records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Nexus’ servers.

9. Customer Responsibility For Customer's Users

Each Nexus Technologies customer is responsible for the activities of its users and, by accepting service from Nexus Technologies, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Nexus Technologies customer will be forwarded to the Nexus Technologies customer’s postmaster for action. If violations of the Nexus Technologies Acceptable Use Policy occur, Nexus Technologies reserves the right to terminate services with or take action to stop the offending customer from violating Nexus Technologies’s AUP as Nexus Technologies deems appropriate, without notice.

10. Nexus Right To Modify Its Services Acceptable Use Policies

Nexus reserves to right to change without notice the Nexus service, including, but not limited to, hours of operation, menu structures, commands, documentation and vendors.
Last Modified: Sat, 18 Apr 20 10:20:18 +0000 , Nexus may reserve the right to revise the AUP with/without Advance notice given to client via News/Email Notification.

11. Warranties Disclaimers

Nexus service is provided on an “as is, as available” basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Nexus or any information or software therein. You release Nexus from and Nexus shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use Nexus services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Nexus’ own negligence. Without limiting the generality of the foregoing, Nexus disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Nexus services. In no event shall Nexus aggregate liability exceed the amount paid by you to Nexus for the Nexus services. Use of any information obtained via Nexus Internet service is at the user’s own risk. Nexus specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

12. Indemnification

Client agrees that it shall defend, indemnify, save and hold Nexus harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Nexus, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Nexus against Liabilities arising out of
a. any injury to person or property caused by any products sold or otherwise distributed in connection with Nexus’ Network’s Server;
b. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
c. copyright infringement & any defective product which Client sold on Nexus Server.

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| Nexus Technologies |

Privacy Policy

Acceptable Use Policy / Terms and Conditions of Use

1.Introduction

Prohibited Uses of Nexus Technologies Systems and Services:

2. Restricted Content

3. Trademarks Copyrights

4. Etiquette And Policies Spam Etc

5. Backups And Data Loss

6. Transfers

7. Excessive Cpu Memory Usage

8. Limited Liability

9. Customer Responsibility For Customer's Users

10. Nexus Right To Modify Its Services Acceptable Use Policies

11. Warranties Disclaimers

12. Indemnification

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