An initiative by ESDS Software Solution Limited

Acceptable Use Policy

(For end customer on using the SPOCHUB Marketplace)

This Acceptable Use Policy (the “AUP”) describes the prohibited usage of the Products and Services provided and/or made available by or on behalf of SPOCHUB Marketplace and its affiliates. This AUP is an integrate part of the SPOCHUB Marketplace Customer Agreement (the “Agreement”). The examples and restrictions described herein are not exhaustive. We may update this AUP from time to time at our discretion by posting the latest and updated version on the Site. By using the Products and Services, you agree to be bound by the latest and updated version of the AUP as may be in force at any particular time. You acknowledge and agree that we may suspend or terminate the Services if you and/or your End User violates this AUP. Defined term used herein shall have the same meaning as defined in the Agreement.

Prohibited Activities

You may not access and use, or allow others to access and use the Services to:

  • violate any applicable local, national or international laws, regulations and rules;
  • violate or otherwise encroaches on the rights of others, including but not limited to privacy or Intellectual Property Rights;
  • conduct, promote, facilitate or allow illegal, unlawful, infringing, harmful or fraudulent activities, including but not limited to any activity for the purpose of harming or attempting to harm minors in any way, pornography, illegal gambling, Ponzi, network attack, phishing, or damage, surreptitiously intercept any system, program or data, monitoring of data or traffic of Services without our permission;
  • transmit, offer, upload, download, use or re-use, disseminate or distribute any unlawful, infringing, offensive, harmful contents or materials, including but not limited to those set out in the section "Prohibited Content" below;
  • transmit any data, send or upload any material that contains viruses, worms, Trojan horses, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation or security of any computer software or hardware;
  • attack, interfere with, disrupt or adversely affect any Services, hardware, software, systems, sites or networks, including but not limited to using high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access or attack any Services, hardware, software, systems, sites or networks;
  • access to any portion of the Services, accounts or systems without authorization, or attempt to do so;
  • violate or adversely impact the security or integrity of the Services, hardware, software, systems, sites or networks;
  • distribute, transmit or send unsolicited email mass e-mail or other messages, promotions, advertising or solicitations (like “spam”);
  • fraudulently offer goods or services, or any advertising, promotional or other materials that contain false, deceptive, or misleading statements or representations.
  • Content that infringes or misappropriates or otherwise violates or interferes in the intellectual property or proprietary rights of others.
  • Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  • Content or other computer technology or any other technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  • Violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, or other services accessed via the Services or Infrastructure (“Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages, and disrupting newsgroups with materials, postings, or activities that are inappropriate (as determined by SPOCHUB Marketplace in its sole discretion).
  • Violate the applicable acceptable use policies of other ISPs when data, content, or other communications are carried across the networks of such ISPs.
  • You may not use the Products and Services to promote or condone hate or violence against people based on race, ethnicity, colour, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Products and Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
  • You shall not use or offer Products and Services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
  • You shall not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
  • You shall not use or offer Products and Services, or post or upload Materials, that promote self-harm.
  • You shall not use or offer Products and Services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

No Security Violations

You shall not use the Products and Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception. Monitoring of data or traffic on a System without permission.
  • Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

You shall not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No E-Mail or Other Message Abuse

You shall not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Prohibited Content

These content prohibitions apply to any and all traffic that you transmit via the Services. Your Content shall not:

  • be defamatory, obscene, offensive, hateful or inflammatory;
  • promote violence, sexually explicit material, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any other grounds;
  • infringe any Intellectual Property Rights;
  • be likely to false, deceive or mislead;
  • promote, advocate, incite or assist any illegal activities;
  • be threatening, abuse, violate or invade third party's privacy; or
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

Our Monitoring and Enforcement

We reserve the right to investigate any violation of this AUP or any misuse of the Services and the Website and bring it to the notice of the respective law governing /enforcing authorities as the case may be without any liability on our part. If there is any violation or suspected violation, we may take any of the following actions at our discretion (without prejudice to any of our other rights or remedies under the Agreement). Failure to comply with this AUP constitutes a material breach of the Agreement.

  • investigate violation of this AUP or misuse of the Services or Site;
  • investigate and help prevent security threats, fraud, or other illegal, infringing or harmful activities;
  • remove, block, disable access to, or modify any contents or materials, including but not limited to Your Content;
  • issue a warning to you and require you to rectify;
  • commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • take further legal action against you;
  • suspend or termination of your account, provision of Products and Services to you, your Order or the Agreement immediately, and Your Content stored in the Products and Services environment may be deleted immediately;
  • report your violation to appropriate law enforcement agencies or other appropriate third parties as the case me be, without any liability on our part.

Report Violation of this AUP

If you become aware of any violation of this AUP, you will immediately notify us and provide us with all possible assistance to stop or remedy such violation at the earliest. You may contact us to report any violation of this AUP.

Extent of Liability and Jurisdiction

IN NO EVENT WILL SHALL SPOCHUB MARKETPLACE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LIABILITY OF WHATSOEVER NATURE OR ANY OTHER ACTION (CIVIL OR CRIMINAL OR OTHERWISE) IN THE EVENT OF PERFORMANCE/COMMISSION OF ANY OF THE PROHIBITED ACTIVITIES BY YOU ENUMERATED HEREINABOVE. THIS POLICY IS SUBJECT TO LAWS OF INDIA AND AN EXCLUSIVE JURISDCITION OF NASHIK, INDIA.