TERMS OF USE

Intouch Soft - Information on Terms of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Intouch Soft. relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term  “Intouch Soft.” or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Intouchtex Bhaban, 6th Floor, 9/i, Motijheel C/A Dhaka-1000.Dhaka-1000, Bangladesh
Bangladesh. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

ACCEPTANCE OF TERMS.

The services that Intouch Soft. provides to you are subject to the following Terms of Use ("TOU"). Intouch Soft. reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

DESCRIPTION OF SERVICES.

Through its network of Web properties, Intouch Soft. provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software") is the copyrighted work of Intouch Soft. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Intouch Soft. CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Intouch Soft. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Intouch Soft. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Intouch Soft. SOFTWARE PRODUCTS.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Intouch Soft. , …………………………………………………………………………………………………………

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and (FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited academic institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Intouch Soft. Web site or any other Intouch Soft. owned, operated, licensed or controlled site. Elements of Intouch Soft. Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Intouch Soft. Web site may be copied or retransmitted unless expressly permitted by Intouch Soft. .
Intouch Soft. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Intouch Soft. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Intouch Soft. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Intouch Soft. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL Intouch Soft. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Intouch Soft. immediately of any unauthorized use of your account or any other breach of security. Intouch Soft. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Intouch Soft. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could
damage, disable, overburden, or impair any Intouch Soft. server, or the network(s) connected to any Intouch Soft. server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Intouch Soft. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

TERMS OF SERVICES (TOS)

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  8. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  9. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  10. Restrict or inhibit any other user from using and enjoying the Communication Services.
  11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  12. Harvest or otherwise collect information about others, including e-mail addresses.
  13. Violate any applicable laws or regulations.
  14. Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Intouch Soft. has no obligation to monitor the Communication Services. However, Intouch Soft. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Intouch Soft. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Intouch Soft. reserves the right at all times to disclose any information as Intouch Soft. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Intouch Soft. 's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Intouch Soft. does not control or endorse the content, messages or information found in any Communication Services and, therefore, Intouch Soft. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Intouch Soft. spokespersons, and their views do not necessarily reflect those of Intouch Soft. .
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Unlimited Disk Space & Bandwidth

While Intouch Soft. does not meter disk space & bandwidth, the purpose of an Intouch Soft. hosting account is to host web sites. Using a hosting account primarily for online file storage or archiving electronic files is prohibited.

Intouch Soft. Personal & Business Class hosting are shared hosting environments, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server.

Network Security

Customers may not use Intouch Soft.'s network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
Customers will be held liable for incorrect setting of net masks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer's risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer's responsibility to solve. If the malignity of the problem is deemed by Intouch Soft. Hosting to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Intouch Soft. Hosting servers being shut down.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.
Intouch Soft. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. Intouch Soft. Hosting reserves the right to charge per complaint to investigate.

Mandatory Security Updates

From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.
The security notification will be sent via our customer subscribed mailing list, with a subject line of "Mandatory Security Update". It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all " Mandatory Security Update" within 24 hours from their release.
To ensure the security of the clients' servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, Intouch Soft. Hosting reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer's account at the applicable hourly support rate without further notice or customer approval.

Server Interface

The Intouch Soft. Hosting Web Interface and Control Panel are proprietary software, a single Perl script at /usr/local/sbin/interface. Although we do not protect the software with compilation nor with encryption, it is protected under copyright and trade secret laws and is not to be modified nor distributed in any fashion unless authorized in writing by Intouch Soft. Hosting. Under no circumstances will we allow changes to the Copyright notice and/or disclaimers on version 2 of the interface (revisions 1.110 and above), since the "Server Interface" Trade Name and logo are already protecting resellers from references to Intouch Soft. Hosting.
Requests for modification, including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, must be sent by mail and are subject to an approval process by all departments. In general, the only changes approved are those of a general nature, representing an increase in functionality for all customers. Changes for a single customer which would cause more than one concurrent version of the software will not be considered.
Changes which are approved will be done on a prioritized basis by Intouch Soft. Hosting technical staff. Expedited processing of a change order can be paid for by a customer, but the changes remain property of Intouch Soft. Hosting and may be given to other customers.

Customer Spamming Policy

Intouch Soft. Hosting has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers.
The Policy
You refers to the Intouch Soft. Hosting Customer; we refers to Intouch Soft.
Intouch Soft. Hosting has the right to charge per complaint to investigate.
Intouch Soft. Hosting does not deal with your customers or their customers etc.; We hold our customers responsible for dealing with spam from or about their section of the network. Intouch Soft. Hosting customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Intouch Soft. Hosting's customers will be held responsible for all traffic either sent via their connection to Intouch Soft. Hosting or sent elsewhere using support services provided via their connection to Intouch Soft. Hosting. "Support services" includes DNS, hosting websites, electronic mailboxes, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE.
If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.
If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
What does this mean to me?
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
You must educate your customers about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own.
You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.
If your server hosts any mailing lists, they must all be true opt-in lists, which means that, before sending any commercial email, a confirmation email, preferably with a tracking number, is sent to the new subscriber, to which they must respond. If they do not respond to the confirmation email, they must not be considered to have opted in. You should keep these confirmations on file or in a database so that when complaints come in, you can prove the subscriber actually opted in. You must in addition provide at least one easy way to opt-out: see the MAPS guidelines for details.
If your server is used to send any email at all, it must also be configured to support RFC 1123 section 5.2; in particular it must accept mail for 'postmaster' and must accept bounces (which have a FROM address of <>).
Why is the reason for this Policy?
We at Intouch Soft. Hosting feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming.

Data Backup

Intouch Soft. Hosting maintains, as a convenience to its clients, regular automated data backups on accounts equal to or less than 10 gigabytes in total size. This service is included only with Business Class or Virtual Private Server hosting accounts and is provided at no additional charge. Hosting accounts greater than 10 gigabytes in size will not be included in regular data backups; this service is, however, available for an additional service charge for accounts exceeding the 10 gigabyte size limit.
While Intouch Soft. Hosting maintains the previously stated backups, this service is provided as a convenience only and Intouch Soft. Hosting assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. Intouch Soft. Hosting will provide, upon request, one (1) data restore per four (4) calendar months free of charge. Additional data restores may be provided but are subject to additional service fees.

Bandwidth Charges

Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for Intouch Soft. than for any other services we offer. Intouch Soft. provides full access to web reports for network traffic monitoring and reporting. Intouch Soft. also provides graphs that show customers' monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. The bandwidth charges reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.

IP Policy

ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP's; we must therefore require periodic updates of IP address use.
Any IP numbers which remain unused after a 30-day period, according to our periodic 'ping' testing, will be subject to reassignment by Intouch Soft. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as name servers will be billed at our current administrative services rates.
While we will allocate our customers an "unlimited" number of IP addresses, our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting."
Intouch Soft. Hosting may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of Intouch Soft. Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Intouch Soft. Hosting to customer or users is expressively prohibited and will incur a penalty fee.
This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer's contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer's hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to Intouch Soft. Hosting within 10 days after the effective contract termination date.

General Conduct

Customers are prohibited from transmitting on or through any of Intouch Soft.'s services, any material that is, in Intouch Soft.'s sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Intouch Soft.'s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Intouch Soft.'s reserves the right to remove such illegal material from its servers.

Example of Non-Acceptable Substance

  1. Pirated software
  2. Bulk Email related products
  3. Pornography/Nudity/Adult Content
  4. Hacking/cracking related websites
  5. Warez and/or copyrighted MP3s
  6. Material illegal under United States of America law
  7. Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

 

The customer is responsible for keeping his billing data with Intouch Soft. up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of Intouch Soft.'s products and services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure: Intouch Soft. Hosting may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Intouch Soft. Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Intouch Soft. Hosting to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineer’s hourly rate fee separate from any other service or incident fees prepaid by customer.
Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
To insure the quality of service of our shared hosting clients, Intouch Soft. Hosting reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated 'business class hardware'.

Domain Name Dispute & Copyright Claims Policy

Intouch Soft. ("Intouch Soft.") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
Copyright Infringement Claims / (DMCA)

1. To notify Intouch Soft. that there has been a copyright or trademark violation, download and review our procedures for filing a complaint under the Digital Millennium Copyright Act and follow the instructions regarding Notice and Procedure for Making Claims of Copyright Infringement.

2. If you are responding to a complaint of infringement, download and review our procedures for filing a Counter Notification. And follow the instructions regarding Counter Notification.
Please note that our Legal Department (and not our Abuse Department) handles all complaints regarding potential violations of trademarks, copyrights and other intellectual property rights - please do NOT direct these complaints to our Abuse Department - doing so may delay or prevent our response to your complaint.

Payment:

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.
ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Intouch Soft. TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

This Agreement may be terminated:

by giving Intouch Soft. , thirty (30) days prior written notice,

by Intouch Soft. , in the event of nonpayment by Customer,

by Intouch Soft. , at any time, without notice, if, in Intouch Soft.

Sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Intouch Soft. sole and absolute discretion and/or judgment, could disrupt, Intouch Soft. business operations.

MATERIALS PROVIDED TO Intouch Soft. OR POSTED AT ANY Intouch Soft. WEB SITE.

Intouch Soft. does not claim ownership of the materials you provide to Intouch Soft. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Intouch Soft. , its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Intouch Soft. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Intouch Soft. is under no obligation to post or use any Submission you may provide and Intouch Soft. may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

LINKS TO THIRD-PARTY SITES.

THE LINKS IN THIS AREA WILL LET YOU LEAVE Intouch Soft. 'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Intouch Soft. AND Intouch Soft. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Intouch Soft. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Intouch Soft. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Intouch Soft. OF THE SITE.

COPYRIGHT NOTICE.
Copyright (c) 2011 Intouch Soft., Intouchtex Bhaban, 6th Floor, 9/I, Motijheel C/A Dhaka-1000.Dhaka-1000, Bangladesh All rights reserved.

TRADEMARKS.

All Intouch Soft. products referenced herein are either registered trademarks or trademarks of Intouch Soft. in Bangladesh and/or other countries.

 

ANY QUESTIONS ? 

Any questions regarding this agreement should be sent to Intouch Soft. Sales & Marketing department prior to signing up for service. 

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