First published on May 21, 2009 Revised and updated on December 27, 2009 Acceptable Use Policy (referred to as AUP) for availing Cloud Computing We at MMG and all its units offering various hosting services do not permit the use of our services for actions or activities which, at our sole discretion, may be illegal, offensive, abusive or contrary to accepted internet norms or threaten our infrastructure and reputation. We will take any actions necessary to enforce these prohibitions, including those listed under the Suspension and Termination section below. The uses which are not permitted include but are not limited to the following: We prohibit all uses of our services which appear to us at our sole discretion to be illegal under any applicable laws. This includes but is not limited to: Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network. Involvement in fraudulent activities. Misuse of our or other computer systems. Pornographic. Excessively violent, inciting violence or threatening violence. Harassing or inciting hate of any person or group of persons. Defamatory. Violating the privacy of any person or group of persons. Promoting or soliciting illegal activities under any applicable laws. Exposing trade secrets, infringing copyright, trademarks or patents or assisting others in doing so. Unfair or deceptive under consumer protection laws. Creating a risk to safety, health or national security. Sending of unsolicited bulk/commercial email (spam). Excessive posting on web forums, news groups, chat services or IRC. Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abuse if they were carried out via us Distribution of viruses, adware or other malware. Fraudulent collection of personal or financial data (phishing). Unauthorized access to or misuse of data, computer systems or networks. Unauthorized probing, scanning or testing the vulnerability of computer systems or networks. Interference with service to other users of computer systems or networks, including denial of service attacks. Unauthorized interception or monitoring of network traffic. Transmitting fake or misleading network traffic, including forged IP packets or email headers. Any conduct likely to result in retaliation against us, including engaging in behaviour that results in a denial of service attack. Usage which imposes excessive load beyond that expected from a typical server. For example, continuous high CPU or I/O use. Virtual server configurations with inadequate security, allowing unauthorized third party access. Attempts to circumvent our mechanisms for controlling, monitoring or billing usage. You will ensure that all use of our services, whether by you or by any of your users, follows the Terms of Service. In addition, you will bind your users to an acceptable use policy containing all of the restrictions above. Alteration of Terms of Service We reserve the right to alter the Terms of Service at any time. In the event that we alter the Terms of Service, you will have the rights set out under the Suspension and Termination section below. Suspension and Termination You may terminate your account with us in the following situations: In the event that we wish to alter the Terms of Service or increase our prices, we will notify you by email 30 calendar days before any alteration takes effect. Upon receipt of such notice, you will have the option either to terminate your account and receive a refund for the unused portion of your payments or to continue subject to the altered Terms of Service or increased prices. If you do not notify of us of your wish to terminate your account within 30 calendar days of receipt of such notice, then you will be deemed to have accepted the altered Terms of Service or increased prices. At any time, provided that you give us at least five Business Days notice (Business Days in the Terms of Service shall mean a day other than a Saturday or a Sunday or a public holiday on which banks are open for business).  We may at our sole discretion, immediately and without notice, terminate or suspend for a period of time all or part of our services to you, including deleting your stored data, in the following situations: In the event that you or your users violate our Acceptable Use Policy, any other provision of the Terms of Service or any applicable laws. In the event of termination or suspension in this situation, you will not be entitled to any refund. In addition, we will have the right to recover from you any costs resulting from the violation, including our time which we and you agree will be charged at a rate of USD 1,000 per day or INR 50,000 and which we and you agree is a genuine pre-estimate and commercially reasonable; any legal fees that we incur; and a commercially reasonable additional charge for the violation itself. In the event that your payments do not cover your use, including but not limited to when your subscriptions or prepaid balance run out. We may at our sole discretion, terminate or suspend for a period of time all or part of our services to you, including deleting your stored data, where we have provided you with at least 30 calendar days notice. In the event of such termination or suspension, we will refund the unused portion of your payment. Notice You will ensure that your email address, postal address and other contact details specified at the time of order are kept up to date at all times, particularly as we will send critical correspondence to you at your email address. Where necessary you will act on any correspondence sent to you within three Business Days of when it is sent. In the absence of evidence of earlier receipt, a notice or other communication is deemed given: if sent by email at one hour after the email has been sent; All e-mails shall be considered as legal and binding on either side. A letter confirming the e-mail will be sent at the last known physical address by courier or registered post.  Governing Laws and Jurisdiction These Terms of Service and all other legal relationships between you and us will be governed by and construed in accordance with laws of Republic of India, subject to Chennai, TN, jurisdiction. The user cannot enforce any other jurisdiction, even though our cloud computing system is located in California, USA. All the state and federal laws of USA will be automatically applicable and should be observed.  © Copyright, Dec-09 . www.mmguniversal.com. E & OE. Without prejudice. All rights reserved