Complaints & Disputes All abuse complaints and disputes on issues not listed in our AUP will be dealt with according to the laws of India. The court of India shall have exclusive jurisdiction in the event of disputes resulting from or relating to any complaints, disputes or agreements between the Customer and the complainant. Should the complainant agreed to leave the dispute decision to the laws of India, the complainant shall accept that Semayra as the content hosting provider cannot be held liable for any consequential, incidental, exemplary, punitive or multiple damages. Until the decision of the dispute is made known, Semayra reserves the right to continue providing the services to the Customers. Suspension of Services Suspension of services may be caused by abuse and violations of system or network security, be it an action by the service owner or a result of a compromised service. These offences may result in suspension, cancellation or criminal and civil liability. Semayra carries the right to suspend and/or cancel any service under its network without prior notice. Using Semayra network, services, or systems to store or send content which is illegal according to the laws of India is not permitted for any reason. Examples of system or network abuse or security violations include, without limitation, the following: 1. Hacking Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. 2. Unauthorized Monitoring Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. 3. Interference Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. 4. Forging Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. 5. Offensive Material Use of Semayra service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. 6. Fraud, Phishing & Scamming Use of Semayra service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution. 7. Virus, Trojan and Malware Distribution Use of Semayra service to distribute Virus or any other forms of data which can cause considerable harms to any network. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software. 8. Terrorism Activities Use of Semayra services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities. 9. System Resources Overload Overload of Semayra services until the system performance or other customers' business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts. 10. Spam (UNSOLICITED EMAIL) Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the Semayra network, nor to collect responses from UCE or Spam regardless of whether sent over the Semayra network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with use of the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers. 11. Child Pornography Child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law. Customer is held fully responsible for any misuse of account regardless of whoever committed the act. 12. Storage Device Using a shared hosting account as a backup/storage device is strictly not permitted. Shared hosting account are meant for hosting Customer’s website content. 13. Internet Relay Chat (IRC) IRC is well-known for being a platform for a Command and Control or "C&C" type of technology, where malware that was placed (or downloaded and ran) on a machine on local network connecting outbound, "beaconing" back to the C&C server (generally just an IRC channel with a password) so that the Master of the malware could control the other computers known as a botnet. 14. Game Hosting Server Semayra strictly prohibits clients from hosting game servers on shared hosting. Game servers are only allowed to be installed and hosted on Windows Hyper-V based virtual private server (VPS) or dedicated servers platforms only. Please contact sales for more information on both solutions for hosting Game Servers. Investigation & Cancellation of Services Semayra reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. Semayra at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, Semayra reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning and/or incurs an abuse fees. If Semayra feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. Semayra does not issue refunds for terminating service due to any of the causes specified above. Dedicated Server or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account. If your or your end users’ actions have caused the Semayra mail servers or IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the internet, you will be assessed a USD100 abuse administrative charge and fees of USD100 per hour for employee time incurred to contact list holders, remove any blocks and protect our mail servers and IP ranges. Semayra reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice. For Direct customers: Customer’s services will be terminated with or without notice. Reporting AUP Violations Please email to : abuse@Semayra.com Complaint Procedure Semayra promotes a high level of responsible behaviour with the use of its services. The Company respects the rights of others and requires that users of its services do the same. If you have identified that Semayra services are used in violation of the Semayra’s Terms and Conditions, you can send an abuse notification. The procedure and requirements for the abuse notifications are set forth below. Semayra would like to emphasize that if the necessary information related to the abuse was not presented, Semayra cannot take appropriate measures. When processing an application in accordance with the present document, Semayra is guided by the following principles: Limitation of Liability Semayra complies with the laws and does not have control over the use of its services by its Customers. Semayra does not assume the functions of a judicial or law enforcement agency. Semayra cannot define whether or not the content posted is illegal. In case of any disputes, an Applicant should contact a law enforcement agency or a court. Presumption of good faith Customer: Semayra respects its Customers and proceeds on the basis that they comply with the legal requirements and Semayra’s Terms and Conditions while using the services. Applicant: The application procedure should not interfere with the necessary legal actions. An Applicant must understand that evidence tampering is illegal. General conditions An application will only be taken into processing if it meets the requirements outlined in this document. We solely process applications or complaints of unlawful and/or illegal content if received in writing. Any applications or complaints that contradict the notice and takedown procedure as described below, will not be processed. The application must be sent to abuse@Semayra.com The application should state that the applicant undertakes to indemnify for losses incurred by the Semayra in the case of unwarranted server suspension, if afterward the application is proved to contain false information about the violation of the applicant’s copyright. It is Applicant’s obligation to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses. Requirements and Procedure The application must include the following identification information: For individuals — first, middle and last names, passport details (number, issuing authority, issue date), contact information (phone number and/or Fax, email address). For legal entities — company name, factual and legal addresses, contact information (phone number and/or Fax, email address).The application must be in .PDF format complete with genuine identity verification such as signature of the complainant or the legal entities stamping. The application should reference an IP address where the reported content is located or from which the reported conduct occurred. The IP address in question must belong to Semayra. Include the links to the infringing material or activity. Include only URLs or domain names, on which an Applicant is seeking resolution. These URLs should resolve to an IP address belonging to Semayra! Provide a description of the content or conduct that Applicant wishes to report and an explanation as to why it is infringing Applicant’s rights or violating applicable law or applicable Semayra’s Terms and Conditions. Include consent from an Applicant to process his personal data (if an Applicant is an individual). An Applicant must attach copies of documents confirming his rights or ownership. The Application may be accompanied by the documents containing other pertaining information. Once complaint is submitted, Semayra will consider the accuracy of the application. Semayra evaluates reports referred to in the document to determine whether they are unequivocally unlawful and/or punishable. Semayra does not disclose information on the status of the application except for the cases stipulated by law. The following actions are construed as an abuse by Semayra: Repeated applications, phone calls, emails, livechats to various channels. Take note that only Abuse Dept. handle these applications. Repeated actions to other channels will result in permanent ban of the contact. Repeated applications, formally corresponding to the requirements of this document, but containing false information based on the inspection results. Falsification of documents (including electronic) and information. Filing of the complaint in a way that violates Semayra’s Terms and Conditions, Terms of Services, this document or using unreliable information. Use of automatic mailings and/or “robots” to access and/or to communicate with Semayra. Appeal by the Applicant after claim submission containing the same complaint in relation to the same subject in any other way, if there is no reference to the number of the originally submitted claim (ticket number). Objection In some cases, Semayra may grant a Customer an option to contest the alleged violation by submitting a counter-notice. Semayra shall review the submitted information and may (at its sole discretion) decide to reject Customer’s counter-notice, and require Customer to take immediate remedial action, if, at Semayra’s sole discretion, Customer’s or the end user's content or actions are unmistakably unlawful and/or may subject Semayra to third party applications and/or litigation. Modification This document is not exhaustive, Semayra reserves the right to modify it from time to time. The continued use of the Services after a modification has been communicated, constitutes Customer’s acceptance of the document.