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P O L I C I E S
Acceptable Use Policy
As a provider of web designing,
cd presentations, domain registration, web site hosting, pc
security services solutions and other Internet & Intranet
related services, Green Shark offers its customers (also known
as subscribers), and their customers and users, the means to
acquire and disseminate a wealth of public, private,
commercial, and non-commercial information. Green Shark
respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when
there are competing interests at issue, Green Shark reserves
the right to take certain preventative or corrective actions.
In order to protect these competing interests, Green Shark has
developed an Acceptable Use Policy ("AUP"), which supplements
and explains certain terms of each customer's respective
service agreement and is intended as a guide to the customer's
rights and obligations when utilizing Green Shark's services.
This AUP will be revised from time to time. A customer's use
of Green Shark's services after changes to the AUP are posted
on Green Shark's web site, www.green-shark.com, will
constitute the customer's acceptance of any new or additional
terms of the AUP that result from those changes.
One important aspect of the
Internet is that no one party owns or controls it. This fact
accounts for much of the Internet's openness and value, but it
also places a high premium on the judgment and responsibility
of those who use the Internet, both in the information they
acquire and in the information they disseminate to others.
When subscribers obtain information through the Internet, they
must keep in mind that Green Shark cannot monitor, verify,
warrant, or vouch for the accuracy and quality of the
information that subscribers may acquire. For this reason, the
subscriber must exercise his or her best judgment in relying
on information obtained from the Internet, and also should be
aware that some material posted to the Internet is sexually
explicit or otherwise offensive. Because Green Shark cannot
monitor or censor the Internet, and will not attempt to do so,
Green Shark cannot accept any responsibility for injury to its
subscribers that results from inaccurate, unsuitable,
offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet,
they also must keep in mind that Green Shark does not review,
edit, censor, or take responsibility for any information its
subscribers may create. When users place information on the
Internet, they have the same liability as other authors for
copyright infringement, defamation, and other harmful speech.
Also, because the information they create is carried over
Green Shark's network and may reach a large number of people,
including both subscribers and non subscribers of Green Shark,
subscribers' postings to the Internet may affect other
subscribers and may harm Green Shark's goodwill, business
reputation, and operations. For these reasons, subscribers
violate Green Shark policy and the service agreement when
they, their customers, affiliates, or subsidiaries engage in
the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming"). It is not
only harmful because of its negative impact on consumer
attitudes toward Green Shark, but also because it can overload
Green Shark's network and disrupt service to Green Shark
subscribers. Also, maintaining an open SMTP relay is
prohibited. When a complaint is received, Green Shark has the
discretion to determine from all of the evidence whether the
email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity
that infringes or misappropriates the intellectual property
rights of others, including copyrights, trademarks, service
marks, trade secrets, software piracy, and patents held by
individuals, corporations, or other entities. Also, engaging
in activity that violates privacy, publicity, or other
personal rights of others. Green Shark is required by law to
remove or block access to customer content upon receipt of a
proper notice of copyright infringement. It is also Green
Shark's policy to terminate the privileges of customers who
commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Green Shark's network to
advertise, transmit, store, post, display, or otherwise make
available child pornography or obscene speech or material.
Green Shark is required by law to notify law enforcement
agencies when it becomes aware of the presence of child
pornography on or being transmitted through Green Shark's
network.
Defamatory or Abusive Language --
Using Green Shark's network as a means to transmit or post
defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message
headers, whether in whole or in part, to mask the originator
of the message.
Illegal or Unauthorized Access to Other Computers or Networks
-- Accessing illegally or without authorization computers,
accounts, or networks belonging to another party, or
attempting to penetrate security measures of another
individual's system (often known as "hacking"). Also, any
activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or
Other Destructive Activities -- Distributing information
regarding the creation of and sending Internet viruses, worms,
Trojan horses, pinging, flooding, mailbombing, or denial of
service attacks. Also, activities that disrupt the use of or
interfere with the ability of others to effectively use the
network or any connected network, system, service, or
equipment.
Facilitating a Violation of this AUP -- Advertising,
transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this
AUP, which includes the facilitation of the means to spam,
initiation of pinging, flooding, mailbombing, denial of
service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software
over the Internet or otherwise, to points outside the United
States.
Usenet Groups -- Green Shark reserves the right not to accept
postings from newsgroups where we have actual knowledge that
the content of the newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are
determined to be illegal, including advertising, transmitting,
or otherwise making available ponzi schemes, pyramid schemes,
fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or
unlawful, that Green Shark determines to be harmful to its
subscribers, operations, reputation, goodwill, or customer
relations.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
subscriber. Green Shark will not, as an ordinary practice,
monitor the communications of its subscribers to ensure that
they comply with Green Shark policy or applicable law. When
Green Shark becomes aware of harmful activities, however, it
may take any action to stop the harmful activity, including
but not limited to, removing information, shutting down a web
site, implementing screening software designed to block
offending transmissions, denying access to the Internet, or
take any other action it deems appropriate.
Green Shark also is aware that many of its subscribers are,
themselves, providers of Internet services, and that
information reaching Green Shark's facilities from those
subscribers may have originated from a customer of the
subscriber or from another third-party. Green Shark does not
require its subscribers who offer Internet services to monitor
or censor transmissions or web sites created by customers of
its subscribers. Green Shark has the right to directly take
action against a customer of a subscriber. Also, Green Shark
may take action against the Green Shark subscriber because of
activities of a customer of the subscriber, even though the
action may effect other customers of the subscriber.
Similarly, Green Shark anticipates that subscribers who offer
Internet services will cooperate with Green Shark in any
corrective or preventive action that Green Shark deems
necessary. Failure to cooperate with such corrective or
preventive measures is a violation of Green Shark policy.
Green Shark also is concerned with the privacy of on-line
communications and web sites. In general, the Internet is
neither more nor less secure than other means of
communication, including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, Green Shark
urges its subscribers to assume that all of their on-line
communications are insecure. Green Shark cannot take any
responsibility for the security of information transmitted
over Green Shark's facilities.
Green Shark will not intentionally monitor private electronic
mail messages sent or received by its subscribers unless
required to do so by law, governmental authority, or when
public safety is at stake. Green Shark may, however, monitor
its service electronically to determine that its facilities
are operating satisfactorily. Also, Green Shark may disclose
information, including but not limited to, information
concerning a subscriber, a transmission made using our
network, or a web site, in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute,
regulation, or governmental request. Green Shark assumes no
obligation to inform the subscriber that subscriber
information has been provided and in some cases may be
prohibited by law from giving such notice. Finally, Green
Shark may disclose subscriber information or information
transmitted over its network where necessary to protect Green
Shark and others from harm, or where such disclosure is
necessary to the proper operation of the system.
Green Shark expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A
subscriber's failure to comply with those laws will violate
Green Shark policy. Finally, Green Shark wishes to emphasize
that in signing the service agreement, subscribers indemnify
Green Shark for any violation of the service agreement, law,
or Green Shark policy, that results in loss to Green Shark or
the bringing of any claim against Green Shark by any
third-party. This means that if Green Shark is sued because of
a subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against Green Shark,
plus costs and reasonable attorneys' fees.
Privacy Policy
Green Shark's policies and procedures for handling customer
information have been created with the understanding that
Internet technologies are still evolving and that Internet
business methods are continuing to evolve to meet the needs
and opportunities of the changing technologies. As a result,
Green Shark's policies and procedures are subject to change.
In the course of serving its customers, Green Shark acquires,
stores and transmits customer communications and information
that customers may regard as private or sensitive. Some of
this information - such as the customer's name, address,
telephone number, and credit card data - is provided to Green
Shark by its customers in order to establish service. Other
information - such as the customer's account status, choice of
services, and customer logs - is created and maintained by
Green Shark in the normal course of providing service. Green
Shark also uses cookies, which are small pieces of information
that a web site can store in a designated file on a user's
computer for various reasons. For example, Green Shark uses
cookies on the landing pages of products sold online which
record the customer information that is required on the order
form. This information is then forwarded to an internal sales
tracking database within Green Shark. In addition, Green Shark
may store customers' electronic mail and other communications
as a necessary incident to the transmission and delivery of
those communications.
Data Security
Green Shark will protect the
confidentiality of its customers' information, account
information and personal communications to the fullest extent
possible and consistent with the law and the legitimate
interests of Green Shark, its partners, its employees and
other customers of Green Shark's services. To protect the
loss, misuse, and alteration of information that is collected
from customers, Green Shark has appropriate physical,
electronic, and managerial procedures in place.
Green Shark may share customer information with selected
partners, for example, to provide customers with information
about products which might be of interest to the customer or
to enable the customer to take advantage of special partner
programs. Green Shark may also use customer information to
provide its customers with system information or information
about new or upgraded products.
Customers may opt out of receiving notices of new or upgraded
products from Green Shark and Green Shark partners by filling
out this on-line No Solicitation Request form. However,
customers may not opt out of receiving information from Green
Shark which is essential for maintaining or updating
customers' accounts or system information.
Most customers may access and modify their personal
information via their online personal control panel/account
information page. All other customers may access and modify
their personal information by contacting the appropriate Green
Shark Billing organization.
Domain name customers who have registered a domain name with
Green Shark and wish to change the Technical Contact from
Green Shark to another company, may send a request to
support@green-shark.com. It is important to note that customer
domain name registration information is made publicly
available in the registry of domain names.
Green Shark will not otherwise disclose its customers'
personal and account information unless Green Shark has reason
to believe that disclosing such information is necessary to
identify, make contact with, or bring legal action against
someone who may be causing harm or interfering with the rights
or property of Green Shark, Green Shark's customers, or
others, or where Green Shark has a good faith belief that the
law requires such disclosure.
Green Shark also will not, except for reasons stated below,
disclose to third parties the contents of any electronic mail
or other electronic communications that Green Shark stores or
transmits for its customers. The circumstances under which
Green Shark will disclose such electronic customer
communications are when:
it is necessary in order to
provide service to the customer;
it is necessary to protect the legitimate interests of Green
Shark and its customers;
it is required to cooperate with interception orders,
warrants, or other legal process that Green Shark determines
in its sole discretion to be valid and enforceable; and
it is necessary to provide to a law enforcement agency when
the contents are inadvertently obtained by Green Shark and
appear to pertain to the commission of a crime.
Green Shark disclaims any intention to censor, edit or engage
in ongoing review or surveillance of communications stored on
or transmitted through its facilities by customers or others.
Green Shark will, however, review, delete or block access to
communications that may harm Green Shark, its customers or
third parties. The grounds on which Green Shark may take such
action include, but are not limited to, actual or potential
violations of Green Shark's Acceptable Use Policy.
Still not satisfied and have any
question, please dial +92 (0300) 6126356 or drop us a
mail at
support@green-shark.com
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