
Rules & Regulations
1. Scope Of Document
These Rules and Regulations cover:
1. Customer's (and its customers, agents and users) use of and access to Datacentre facilities
2. Customer's (and it customers, agents and users) use of the Acquacodes’ online services or helpdesk;
3. Acquacodes’ maintenance of the services it provides to its customers.
2. Access To Datacentres
Only individuals (representatives) identified and authorized by Customer and Datacentre Authorities shall be permitted to access the Data Centres. The Customer shall provide prior written notice to Acquacodes Team of any changes to this authorized list of Representatives. Out of the list of Representatives supplied by the Customer. Notwithstanding the foregoing, Acquacodes retains the sole and absolute discretion to (i) determine the number of Representatives permitted to access the Data Centres at any given time, and/or (ii) restrict or deny entry to any Representative, irrespective of whether the Customer has designated such Representative.
The Customer shall ensure that neither it nor any of its Representatives shall permit or facilitate access to the Data Centres by any unauthorised
person(s). Customer and its Representatives may only access that portion of a Data Centre made available by us to Customer for the placement of Customer's equipment (the "Customer Area") and use of the Data Centre Services, unless otherwise approved and accompanied by our authorized representative. By seeking to enter any Data Centre facility, the Customer and its Representatives expressly consent to security screening measures, including but not limited to, personal searches of the Representative(s) and/or inspection of their possessions by Acquacodes’ security personnel.
3. Use Of Datacentre Facility
Conduct at Datacentres
Customer and its representatives must adhere to and abide by all security and safety measures established by Acquacodes. Customer. Representatives shall not engage in or encourage any of the following:
· Misuse or abuse any Acquacodes property or equipment or third-party equipment;
· Make any unauthorized use of or interfere with any property or equipment of any other Acquacodes Customer;
· Harass any individual, including Acquacodes personnel and representatives of other Acquacodes Customers;
· Engage in any activity that is in violation of the law or aids or assists any criminal activity while on Acquacodes property or in connection with the Datacentre Services.
4.Prohibited Items
Customers and their representatives must maintain proper cleanliness and hygiene in the premises. It is the Customer's responsibility to keep the area clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing,
1. Place any computer hardware or other equipment in the Customer Area that has not been identified in writing to us;
2. Store any paper products or other combustible materials of any kind in the Customer Area and
3. Bring any Prohibited Materials (as defined below) into any Datacentre. "Prohibited Materials" shall include but be not limited to the following and any similar items:
o Food, Drink, Tobacco products;
o Explosives and weapons;
o Any Hazardous materials;
o Alcohol, illegal drugs and other intoxicants;
o Electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment
o Radioactive materials;
o Photographic or recording equipment of any kind (cell phones with a camera, laptop, pen drive, hard disk or any other data storage devices).
5. Equipment & Connections
Each piece of Customer equipment installed in a Customer Area (the "Customer Equipment") must be clearly labelled with the Customer's name (or code name provided in writing) for individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labelled with the Customer's name (or code name provided in writing) 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 Acquacodes with at least 48 hours' prior notice as and when it intends to connect or disconnect any Customer Equipment or other equipment. On demand, for any verification to be carried out by Acquacodes, the Customer will make available to us the detailed list of components, machines, and any other hardware or software installed or stored by the Customer and its Representatives in the Data Centre.
6. Scheduled Maintenance
Acquacodes will conduct routine scheduled maintenance of its Data Centres and Services according to the maintenance schedule, which will be intimated to all customers. In the event a mission-critical maintenance situation arises, Acquacodes 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 Acquacodes during the scheduled and emergency maintenance periods.
7. Online Conduct
Customer Content
Customer acknowledges that Acquacodes 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 transmitted or received by it or its users complies with all applicable laws and regulations as well as the companies’ rules and regulations.
Prohibited Activities
Customer shall 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 Acquacodes 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 shall use its best efforts to remedy such Prohibited Activities immediately, including, if necessary, restricting or terminating User's access to Customer's online facilities.
8.Third Party Complaint Process
Acquacodes requires its Customers to implement and enforce policies consistent to these Rules and Regulations and shall cooperate with its Customers to resolve violations. We shall take actions set forth to document and resolve each Complaint received by Customer or its Users.
First Complaint
Upon receipt of an initial complaint from a third party concerning any Prohibited Activity by a Customer or its User (a “Complaint”), Aquacodes shall issue a written communication (the “First Communication”) to the complainant. The First Communication shall describe our policies relating to Prohibited Activities, include the Customer’s contact information, and attach a copy of the Complaint. Acquacodes shall also provide notice of the Complaint to the Customer by delivering a copy of the First Communication to the Customer’s designated address, thereby enabling the Customer to identify and remedy the Prohibited Activity. The purpose of this process is to facilitate direct engagement between the complainant and the Customer as the party best positioned to address and resolve the matter.
Second Complaint
Upon receipt of a second complaint, following the date of the First Communication, concerning the same or a substantially similar Prohibited Activity by the Customer as described in the First Communication, and where such complaint clearly indicates that the Prohibited Activity has continued thereafter, Acquacodes shall issue a second written communication (the “Second Communication”) to the Customer, attaching a copy of the second complaint. The Second Communication shall require the Customer to provide us, in writing, an explanation and a timeline of the actions the Customer will undertake to remedy the Prohibited Activity. If the Customer fails to respond to the Second Communication and remedy the Prohibited Activity within ten (10) business days of receipt thereof, Acquacodes shall assess the Customer a fee of Rs. 15,000 in the subsequent month to cover our administrative costs arising from the Customer’s Prohibited Activities
Third Complaint
Upon receipt of a third complaint, following the date of the Second Communication, concerning the same or a substantially similar Prohibited Activity by the Customer as described in the Second Communication, and where such complaint clearly indicates that the Prohibited Activity has continued thereafter, Acquacodes shall issue a third and final written communication (the “Third Communication”) to the Customer, attaching a copy of the third complaint and demanding that the Prohibited Activity cease immediately. If the Customer fails to cease the Prohibited Activity within five (5) business days of receipt of the Third Communication, Acquacodes reserves the right to suspend or terminate connectivity services to the Customer. Services shall only be reinstated upon our receipt of satisfactory evidence of remedial actions taken by the Customer and adequate assurances that the Prohibited Activity will not recur. In addition, Acquacodes shall assess the Customer a fee of Rs. 100,000 to cover our administrative costs arising from the Customer’s Prohibited Activities.
9. Suspension & Termination Of Service
Acquacodes 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 & Regulations
These Rules and Regulations are subjected to change upon fifteen (15) days’ notice to Customer, which shall be provided by posting such new Rules and Regulations.