Fair Usage Policy

Introduction

The fair Use Policy of Btrack India Private Limited, as such policy may be subsequently amended, modified or supplemented from time to time is designed to (i) protect (a) Btrack’s customers products, service, and data center, including its networks and physical infrastructure

This AUP applies to each user who subscribes for  IP or technology services or use of the Btrack IT Environment offered by Btrack India Private Limited (“Btrack Services”), all users of Btrack India Services (“Customer” or “Customers”) and all users who access or utilize Btrack India Services or Btrack India IT Environment, whether or not such users are Customers, including the customers of Customers (“Third Party Users”), and every server or network device that is under each User’s control or is attached to, resides within, utilizes or communicates with or through Btrack India’s network or physical infrastructure as a part of Btrack India IT Environment; including specifically any server physically hosted at any Btrack India’s data center. The term “User” as used in this AUP means both Customers and Third-Party Users.

Customers are responsible for complying with this AUP. Customers shall take all reasonable steps to ensure that their customers and users comply with this AUP. Customer shall be liable for all damages arising from violations attributable to their customers and users, whether authorized or not by a Customer.

Users’ Security Obligation

Users must use reasonable care to ensure the security of each of its servers operated within the Btrack India IT Environment, including its physical infrastructure. A Customer is solely responsible for, and assumes all risks regarding, any intrusions into, or security breaches of, any of its servers, including any server supported by any specifically designated security administration or firewall security service package ordered by the Customer and provided by Btrack India. Btrack India reserves the right to disconnect or block, without refund or refuse credit for, any computer, mobile device, server or other device which disrupts the Btrack India IT Environment as a result of a security compromise.

Vulnerability Testing

Users may not attempt to probe, scan, penetrate or test the vulnerability of the Btrack India IT Environment or to breach any of Btrack India’s security or authentication measures, whether by passive or intrusive techniques, without the prior express written consent of Btrack India.

Intellectual Property Infringement Policy

Users may not transmit, distribute, download, copy, cache, host, or otherwise store on the Btrack India IT Environment, including upon any server, network or physical infrastructure included as part of the same, any information, data, material, or work that infringes upon the intellectual property rights of others or violates any trade secret right of any other person.

• Users have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
• Users are otherwise permitted by established copyright law to copy the work in that manner.

Btrack India has the right to disable access to, or remove, infringing content to the extent required under any law or regulation.

If Customer or any Third-Party User, including those who are customers of our customers, repeatedly violates Btrack India’s Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, Btrack India reserves the right to (i) suspend permanently or terminate Btrack India Services to such Customer and/or (ii) suspend or permanently terminate access to the Btrack India IT Environment by such Third-Party User.

E-mail and Anti-Spamming Policy

Users may not (i) send unsolicited bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”) or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003

Block Removal

If, as a result of a Customer’s actions, Btrack India’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Btrack India shall charge for services rendered at Btrack India’s then current rates for any necessary remedial actions. The foregoing surcharge shall be in additional to all other remedies and claims that Btrack India may lawfully assert against Customer.

IP Allocation

Btrack India owns each IP address that it assigns to a customer. A Customer shall not use IP addresses that are not assigned to it or approved by Btrack India. Btrack India reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.