1. SCOPE OF DOCUMENT
These Rules and Regulations cover:
- Customer's (and its customers, agents and users) use of and access to Netmagic facilities (e.g. Datacenters);
- Customer's (and it customers, agents and users) use of the Netmagic’s online services;
- Netmagic's maintenance of the services it provides to its Customers.
2. ACCESS TO DATACENTERS
Individuals (representatives) identified and authorized by Customer and Netmagic Authorities will be allowed to access the Data Centers. The Customer shall deliver prior written notice to Netmagic of any changes to this authorized list of Representatives. Out of the list of Representatives supplied by the Customer, Netmagic reserves the right to determine the number of Representatives and / or restrict entry of any of the Representatives.
Customer and its Representatives shall not allow any unauthorized persons to have access to or enter any of Netmagic's Data Centers. Customer and its Representatives may only access that portion of a Data Center made available by Netmagic to Customer for the placement of Customer's equipment (the "Customer Area") and use of the Data Center Services, unless otherwise approved and accompanied by an authorized Netmagic representative. By attempting to enter the Netmagic facility, Customer consents the Netmagic Security personnel to search the Customer Representative and their possessions.
3. USE OF DATACENTER FACILITY
Conduct at Datacenters
Customer and its representatives agree to adhere to and abide by all security and safety measures established by Netmagic. Customer and its Representatives shall also not do or participate in any of the following:
- Misuse or abuse any Netmagic property or equipment or third party equipment;
- Make any unauthorized use of or interfere with any property or equipment of any other Netmagic Customer;
- Harass any individual, including Netmagic personnel and representatives of other Netmagic Customers;
- Engage in any activity that is in violation of the law or aids or assists any criminal activity while on Netmagic property or in connection with the Datacenter Services.
4. PROHIBITED ITEMS
Customer and its Representatives shall keep each Customer Area clean at all times. It is each Customer's responsibility to keep its area clean and free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by Netmagic,
- Place any computer hardware or other equipment in the Customer Area that has not been identified in writing to Netmagic;
- Store any paper products or other combustible materials of any kind in the Customer Area and
- Bring any Prohibited Materials (as defined below) into any Datacenter.
"Prohibited Materials" shall include but be not limited to the following and any similar items:
- Food, Drink, Tobacco products;
- Explosives and weapons;
- Any Hazardous materials;
- Alcohol, illegal drugs and other intoxicants;
- Electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment
- Radioactive materials;
- Photographic or recording equipment of any kind (cell phones with camera, laptop, pen drive, hard disk or any other data storage devices).
5. EQUIPMENT AND CONNECTIONS
Each piece of Customer equipment installed in a Customer Area (the "Customer Equipment") must be clearly labeled with Customer's name (or code name provided in writing to Netmagic) for individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer's name (or code name provided in writing to Netmagic) and the starting and ending point of the connection clearly identified. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use their best efforts to provide Netmagic with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment.
On demand, for any verification to be carried out by Netmagic, the Customer will make available to Netmagic the detailed list of components, machines, and any other hardware or software installed or stored by the Customer and its Representatives in the Netmagic Data Center.
6. SCHEDULED MAINTENANCE
Netmagic will conduct routine scheduled maintenance of its Data Centers and Data Center Services according to the maintenance schedule, which will be intimated to all customers. In the event a mission critical maintenance situation arises, Netmagic may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customer's Equipment may be unable to transmit and receive data and Customer may be unable to access the Customer Equipment. Customer agrees to cooperate with Netmagic during the scheduled and emergency maintenance periods.
7. ONLINE CONDUCT
Customer acknowledges that Netmagic exercises no control whatsoever over the content of the information passing through Customer's website(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Netmagic Rules and Regulations.
Customer will not, and will not permit any persons ("Users") using Customer's online facilities and / or services, including, but not limited to, Customer's website(s) and transmission capabilities, to do any of the following ("Prohibited Activities"):
- Send unsolicited commercial messages or communications in any form ("SPAM");
- Engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality;
- Engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
- Send, post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
- Intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
- Engage in any activities or actions intended to withhold or cloak Customer's or its Users; identity or contact information;
- Use the Netmagic connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or the like;
- Assist or permit any persons in engaging in any of the activities described above.
If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User's access to Customer's online facilities.
8. THIRD PARTY COMPLAINT PROCESS
Netmagic requires its Customers to use policies similar to these Rules and Regulations and will work with its Customers to resolve violations. Netmagic will take the following actions to document and resolve each Complaint received by Netmagic related to a Customer or its Users.
Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Netmagic will send a communication (the "First Communication") to the complaining third party that describes Netmagic's policies related to the Prohibited Activity along with the list of contact information for the Customer attaching a copy of the original Complaint received by Netmagic. Netmagic also will deliver notice of the Complaint to the Customer by sending a copy of the same communication to the Customer’s address so that Customer can identify and remedy the Prohibited Activity. Netmagic's goal is to put the complainant directly in touch with the party in the best position to remedy the problem.
Upon receipt of a second complaint after the date of the First communication related to the same or similar Prohibited Activity of Customer described in the First communication that clearly indicates that the Prohibited Activity continued after the date of the First communication, Netmagic will send a second communication (the "Second Communication") with a copy of the second complaint to the Customer and request that Customer respond in writing to Netmagic with
an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to Netmagic's communication and remedy the Prohibited Activity within ten (10) business days, Netmagic will bill Customer in the following month Rs. 15,000 to cover Netmagic's administrative costs associated with the Prohibited Activities of Customer.
Upon receipt of a third complaint after the date of the Second Communication related to the same or similar Prohibited Activity of Customer described in the Second Communication that clearly indicates that the Prohibited Activity continued after the date of the Second Communication, Netmagic will send a third and final Communication (the "Third Communication") with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, Netmagic reserves the right to terminate or suspend its connectivity service to the Customer, and will only resume providing service when it receives proof of remedial actions taken by the Customer and adequate assurances that such activity will not continue. Netmagic will also bill its Customer Rs.100,000 to cover Netmagic; administrative costs associated with the Prohibited Activities.
9. SUSPENSION AND TERMINATION OF SERVICE
Netmagic reserves the right to suspend and / or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations..
10. MODIFICATION OF RULES AND REGULATIONS
Netmagic may change these Rules and Regulations upon fifteen (15) days’ notice to Customer, which shall be provided by posting such new Rules and Regulations.