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    The goal of Green Shark is to provide the best service possible for an enjoyable Internet experience. This Acceptable Use Policy (“AUP” or “Policy”) is designed to keep Green Shark and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of Green Shark services. Green Shark is committed to and supports the free exchange of information and ideas over the Internet. Green Shark does not actively monitor nor does Green Shark exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Green Shark servers. However, Green Shark reserves sole discretionary rights to remove any materials deemed potentially illegal, harmful to Green Shark business operations or equipment, or in violation of any part of this AUP or of the standard Green Shark Internet Agreement. Use of Green Shark Network’s servers immediately constitutes acceptance and acknowledgement of this Acceptable Use Policy.

    Development of Product or Offering any Services
    Client hereby retains Green Shark to design & develop, & Green Shark hereby agrees to design & develop the Product or service in accordance with the project outline Product/Service Specifications  set forth in the Scope of Work. The parties shall work together in a joint effort to accomplish the tasks & objectives set forth in the Product/service Specifications. Green Shark shall be responsible for delivering & performing only those professional services specifically identified in the Scope of  Work. Any modifications to the Product/Services Specifications shall be pursuant to the Change Order process set forth below & shall be charged separately as per types of changes/modifications/customizations.

    Change Order
    In the event Client desires to make any modifications to the Product/Service Specifications or a deliverable, Client must provide a detailed change order in writing. This may be provided in the form of email, certified letter, or via technologies &/or tools provided by Green Shark. New requirements / major changes may be required extra cost which would be decided by mutual discussion however, minor changes / modifications will be handled without any extra charges. In the event of a conflict between the terms of this Agreement & a Change Order, the terms of these Terms shall govern.

    Client’s Responsibility
    Client agrees to perform all tasks assigned to Client as set forth in Agreement, the Product/Service Specifications, or a Change Order, & to provide all assistance & cooperation to Green Shark in order to complete timely & efficiently the Product/ Service. Green Shark shall not be deemed in breach of Agreement, the Product/Service Specifications, a Change Order, or any milestone in the event Green Shark’s failure to meet its responsibilities & time schedules is caused by Client’s failure to meet (or delay in) its responsibilities & time schedules set forth in the System Specifications, a Change Order, or the Agreement. In the event of any such failure or delay by Client, (i) all of Green Shark’s time frames, milestones, &/or deadlines shall be extended by the product/ service of the number of days of Client’s failure multiplied by two (2); & (ii) Client shall continue to make timely payments to Green Shark as set forth in the Agreement, the Product/ Service Specifications, & any Change Order(s) as if all time frames, schedules, or deadlines had been completed by Green Shark. Client shall be responsible for making, at its own expense, any changes or additions to Client’s current systems, software, & hardware that may be required to support operation of the Product/Service. Unless otherwise contracted with Green Shark or reflected in a Change Order, Client shall be responsible for initially populating & then maintaining any databases on the Product/Service as well as providing all content for the Product/Service. With the execution of a Change Order specifically asking Green Shark to assesses the Client’s systems, software & hardware from time to time, Green Shark may agree to perform this function at normal Green Shark rates.

    Client grants Green Shark the right to use the name & service marks of Client in its marketing materials or other oral, electronic, or written promotions, which shall include naming Client as a client of Green Shark & a brief scope of services provided.

    Intellectual Property Rights & Licence
    All materials, including, but not limited to, software, programs  specifications, documents, abstracts & summaries thereof (collectively, the “Products”) developed by Green Shark in connection with the provision of the Services to Client, or by Green Shark pursuant to specifications or instructions provided by Client, shall exclusively be used for the specific company of client only. Green Shark will not deliver open/non encrypted  source code of any software to client & it will always remain sole/intellectual property of Green Shark.

    Limitation of Liability
    Under no circumstances shall Green Shark, its contracted providers, officers, agents, or anyone else involved in creating, producing, or distributing Client’s Product be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Product; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Client’s records, programs or services.

    Choice of Law, Venue, Limitation of Actions
    This Agreement shall be governed & construed in accordance with the laws of Pakistan  & the parties consent to the sole & exclusive jurisdiction of the state courts for any dispute arising out of this Agreement. No action by Green Shark or Client arising under this Agreement may be brought at any time more than two (1) years after the facts occurred upon which the cause of action arose.

    Restricted Content
    Clients are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Clients are expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.
    Green Shark 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 Green Shark, 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 federal, state, local, International laws and/or violation of U.S. export restrictions are also not welcome at Green Shark. 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 Green Shark, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, Green Shark 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.
    IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client’s account and Green Shark will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of Green Shark, result in the Client’s account(s) being terminated without notice and a maximum clean-up/disconnect fee.

    Green Shark Internet 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 Green Shark or any information or software therein. You release Green Shark from and Green Shark 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 Green Shark 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 Green Shark own negligence. Without limiting the generality of the foregoing, Green Shark 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 Green Shark services. In no event shall Green Shark aggregate liability exceed the amount paid by you to Green Shark for the Green Shark services. Use of any information obtained via Green Shark Internet service is at the user’s own risk. Green Shark specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

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

    Etiquette & 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 or any domain name hosted with Green Shark is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with Green Shark but the mail message makes mention of a website hosted with Green Shark.
    Green Shark 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 email address from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, Green Shark requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am PST. Green Shark reserves the right to terminate a client’s mailing program, whether provided by Green Shark or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. Green Shark also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.
    Due to the consumption of system resources and overloading of the e-mail server, Green Shark forbids the use of the “Gossamer Links” program by any client.
    Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Green Shark reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of Green Shark, have their account(s) terminated without notice and are subject to a maximum $950 clean-up/disconnection fee.
    The following should be noted …
    a. The network resources of Green Shark may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Green Shark All messages via Green Shark should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Green Shark Network’s server for mass e-mail or “spamming” purposes.
    b. Green Shark may discontinue servicing any Plan, or may require fulfillment of terms or conditions Green Shark may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Green Shark agrees to provide Customer with reasonable notice by Email of any such intent to discontinue or impose certain conditions.
    c. Green Shark Network’s services may not be used for illegal purposes, or in support of illegal activities. Green Shark reserves the right to co-operate 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:
    (i). 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.
    (ii). Threatening bodily harm or property damage to individuals or groups.
    (iii). Making fraudulent offers of products, items, or services originating from your account.
    (iv). 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.
    (v). Harassing others by ‘mail-bombing’. ‘Mail-bombing’ constitutes sending more than ten (10) similar mail messages to the same e-mail address.
    (vi). Forging any message header, in part or whole, of any electronic transmission, originating or passing through Green Shark services.
    (vii). Distributing viruses to or from Green Shark systems.

    Limited Liability
    a. Client expressly agrees that use of Green Shark Network’s Server is at Client’s sole risk. Neither Green Shark, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Green Shark 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 Green Shark Server service, unless otherwise expressly stated in this Agreement. Out 99% uptime guaranty only covers the amount that was paid for the services.

    b. Under no circumstances, including negligence, shall Green Shark, its offices, agents or any one else involved in creating, or distributing Green Shark Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Green Shark Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Green Shark records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Green Shark Servers.

    Limitations of Availing Discounts & Promotional Offers
    Client will not transfer domain name to another registrar or account to account transfer at same registrar from Green Shark for 8 years from the date of registration if he/she have got discount which was applied into his/her invoice at the time of product/service purchase.

    Green Shark Right to Change Service
    Green Shark reserves to right to change without notice the Green Shark service, including, but not limited to, tariff, hours of operation, menu structures, commands, documentation and vendors.

    Green Shark Right to Modify its Acceptable Use Policies
    Green Shark may at any time, revise the Acceptable Uses Policy with advanced notice given to clients. Renewal of an account with Green Shark constitutes acceptance to all modifications to the Acceptable Uses Policy and to the Contract for the account. The contract is automatically renewed 7 days before the date of expiry unless otherwise instructed by the client at the time of placing the order or via a notice at least 7 days prior to the account due date. An account is billed from the date the order is placed up to the date of expiry of the contract. The contract length is determined by the client at the time of placing the order.

    Client agrees that it shall defend, indemnify, save and hold Green Shark harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, (“Liabilities”) asserted against Green Shark, 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 Green Shark against Liabilities arising out of
    a. any injury to person or property caused by any products sold or otherwise distributed in connection with Green Shark Network’s Server;
    b. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
    c. copyright infringement and
    d. any defective product which Client sold on Green Shark Server.

    Excessive Resource Policy (CPU/Memory/Archiving/Backup)
    Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Green Shark offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Green Shark control any excessive usage and data archiving (excessive file/mail storage) by customers so that they do not disrupt the service quality of other customers using the same resources. You may not use your hosting account as a backup solution or to host archived mail. Archived mail is defined as messages older than thirty (30) days or emails totaling ten (10) gigabytes or larger. Our Services are designed to host active website data only and may not be used as a data repository. A hosting account is also considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Green Shark will make every reasonable effort to notify customer prior to suspension, however, Green Shark may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Green Shark will be the sole and final arbitrator as to what constitutes as a violation of this policy.
    Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. 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. Green Shark provides an acceptable chat programs for clients with Unix Standard + accounts at no charge. Green Shark reserves the right to suspend accounts without notice to clients who violate these terms. Green Shark has sole discretion over what constitutes excessive usage.

    This is the customer’s responsibility to take regular backups to avoid any inconvenience. Our datacenter conducts weekly disaster recovery backup of the server and charge an amount for the restoration of any backup if available. Furthermore, datacenter does not take backup of those accounts which are consuming more than 20GB.

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