Hosting Terms of Services & Acceptable Use Policy
MercStudio
Web Hosting's Acceptable Use Policy ("AUP")
is provided to give our customers & users a clear
understanding of what MercStudio expects of them while
using our web hosting services. All users of MercStudio
Web Hosting's Internet services: those who access some
of our Services but do not have direct accounts with
us, as well as those who pay a service fee to subscribe
to our Services, must comply with this AUP & TOS
(Terms of Service).
Use of MercStudio Web Hosting's Service constitutes
acceptance and agreement to MercStudio Web Hosting's
AUP & TOS (Terms of Service)
Network
Performance
MercStudio Web Hosting domain hosted accounts operate
on shared resources. Excessive use or abuse of these
shared network resources by one customer may have a
negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance
is prohibited by this policy and may result in immediate
termination of your account without warning.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time.
You may not use resource-intensive programs which negatively
impact other customers or the performances of MercStudio
Web Hosting systems or networks. MercStudio Web Hosting
reserves the right to terminate or limit such activities.
Disk
Space & Bandwidth Allocation
MercStudio Web Hosting allots server space for your
domain hosted account. We add extra server space
continually on our servers.
MercStudio
Web Hosting have allocated a fix monthly bandwidth to
your domain account. Should you go over you allotted
bandwidth you will receive an email alert and your account
will be charged RM30/GIG/month for each 1 GIG of bandwidth
your account uses over.
SSL
Support
MercStudio Web Hosting servers support SSL but you will
need to acquire your own third party SSL certificate
through www.thwate.com or www.verisign.com to take advantage
of SSL services and upgrade to a Dedicated IP account.
Technical
Support
MercStudio Web Hosting provides Technical Support.
We do not provide support for configuring scripts on
your account or any other support not directly related
to your hosting account (setting up your website pages,
images, etc.)
Backups
It
is the clients responsibility to do all back ups of
their site. If, in the unfortunate event, something
happens to your files, it is your responsibility to
have a local copy of your files. MercStudio Web Hosting
is NOT held liable in any way for any files, money,
time, effort, etc... lost due to this unfortunate event.
Furthermore, if your files are lost, we will attempt
to restore them as a gesture of good faith, but make
no promises what so ever about whether the files will
be brought back successfully or not. Again, back ups
are the client's responsibility. Backup/Restore
is not an available option with this hosting package
special.
IRC
& Server Processing
- We
currently do not allow IRC or IRC bots to be operated
on our servers.
- We
currently do not allow eggdrops to be operated on
our servers.
- We
currently do not allow BNC to be operated on our
servers.
Acceptable
Use Policy
MercStudio
Web Hosting has a responsibility to protect each client
and to provide the best services available. The following
guidelines were designed to ensure these obligations
are met.
Content
All services
provided by MercStudio Web Hosting may be used for lawful
purposes only. Transmission, storage or presentation
of any information, data or material in violation of
any United States Federal / Malaysia Cyberlaw, State
or City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge
to be threatening or obscene or material protected by
trade secret and other statute. The subscriber agrees
to indemnify and hold harmless MercStudio Web Hosting
from any claims resulting from the use of the service
which damages the subscriber or any other party. All
pornographic content and sex-related merchandising is
prohibited on all MercStudio Web Hosting servers. This
includes sites that may infer sexual content or links
to adult content elsewhere. MercStudio Web Hosting will
be the sole arbiter in determining violations of this
provision. Also prohibited are sites that promote any
illegal activity or present content that may be damaging
to MercStudio Web Hosting servers or any other server
on the internet. Links to such materials are also prohibited.
Examples
of unacceptable content
- Spam supporting
material (email lists)
- Warez sites
- FTP Sites for large
downloads
- Adult/Porn Content
- Pirated software
- Cracking programs
of any kind
MercStudio
Web Hosting will be the sole arbiter as to what constitutes
a violation of this provision.
Commercial
Advertising - Email
Spamming,
the sending of unsolicited email, or the selling of
spam supporting material from a MercStudio Web Hosting
servers prohibited. Using an email address or domain
that is maintained on an MercStudio Web Hosting machine
as reference, or as a location of such activity is STRICTLY
prohibited. MercStudio Web Hosting will be the sole
arbiter as to what constitutes a violation of this provision.
Server
Abuse
Any attempt
to undermine or cause harm to a server, or customer,
of MercStudio Web Hosting is strictly prohibited.
AUP
General Information
We
support the uncensored flow of information and ideas
over the Internet and do not actively monitor subscriber
activity under normal circumstances. Similarly, we do
not exercise editorial control over the content of any
web site, e-mail transmission, newsgroups, or other
material created or accessible over or through the services,
except for certain proprietary Web sites. However, in
accordance with our TOS (Terms of Service), we may remove
any materials that, in our sole discretion, may be illegal,
may subject us to liability, or which may violate this
AUP. MercStudio Web Hosting may cooperate with legal
authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension
or immediate termination of either your MercStudio Web
Hosting account or other actions as detailed in Section
3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of MercStudio Web Hosting's Acceptable Use Policy. The
following are guidelines for the establishment and enforcement
of MercStudio Web Hosting's AUP:
-
Ensure
reliable service to our customers
-
Ensure
security and privacy of our systems and network,
as well as the networks and systems of others
-
Comply
with existing laws
-
Maintain
our reputation as a responsible service provider
-
Encourage
responsible use of the Internet and discourage activities
which reduce the usability and value of Internet
services
-
Preserve
the value of Internet resources as a conduit for
free expression and exchange of information
-
Preserve
the privacy and security of individual users
MercStudio
Web Hosting intends to provide its customers access
to everything the Internet has to offer. While MercStudio
Web Hosting is firmly committed to the principles of
free speech, certain activities that may be damaging
to the resources of both the MercStudio Web Hosting
and the Internet and cannot be permitted under the guise
of free speech. The resources of the MercStudio Web
Hosting and the Internet are limited, and abuse of these
resources by one user has a negative impact on the entire
community.
We do not routinely monitor the activity of accounts
except for measurements of system utilization and the
preparation of billing records. However, in our efforts
to promote good citizenship within the Internet community,
we will respond appropriately if we become aware of
inappropriate use of our service.
You may not use your virtual site to publish material,
which MercStudio Web Hosting determines, at its sole
discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers
to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images,
drawings, logos), executable programs, chat programs,
video recordings, and audio recordings (MP3 files). Excessive
storage of MP3 files & Video files are not permitted
as these files consume excessive resources on our servers.
If
you're not the copyright holder of the material placed
on your site (unless the material is public domain)
please do not place this material on your virtual site
as this will result in the possible cancellation of
your account. For purposes of this policy, "material"
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video
recordings, and audio recordings (MP3 files).
NO
ADULT orientated, Streaming Media, Chat or Warez material
may be stored on your virtual site.
If a MercStudio Web Hosting account is used to violate
our AUP and/or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise customers
of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable
Use Policy will result in immediate termination of service
(we will refund any unused hosting term left on your
account). Our failure to enforce this policy, for whatever
reason, shall not be construed as a waiver of our right
to do so at any time.
As a member of our network community, you must use your
Internet access responsibly.
VIOLATIONS
OF MercStudio Web Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
-
Illegal
use: MercStudio Web Hosting's services may not be
used for illegal purposes, or in support of illegal
activities. MercStudio Web Hosting reserves the
right to cooperate with legal authorities and/or
injured third parties in the investigation of any
suspected crime or civil wrongdoing.
-
Harm
to minors: Use of the MercStudio Web Hosting service
to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography.
-
Threats:
Use of the MercStudio Web Hosting service to transmit
any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction
of property.
-
Harassment:
Use of the MercStudio Web Hosting service to transmit
any material (by e-mail, uploading, posting or otherwise)
that harasses another.
-
Fraudulent
activity: Use of MercStudio Web Hosting service
to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial
scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
-
Forgery
or impersonation: Adding, removing or modifying
identifying network header information in an effort
to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers
or other identifying infirmation is prohibited.
The use of anonymous remailers or nicknames does
not constitute impersonation.
-
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM)
Use of the MercStudio Web Hosting service to transmit
any unsolicited commercial or unsolicited bulk e-mail
is expressly prohibited. Violations of this type
will result in the immediate termination of the
offending MercStudio Web Hosting account.
-
E-mail
/ News Bombing: Malicious intent to impede another
person's use of electronic mail services or news
will result in the immediate termination of the
offending MercStudio Web Hosting account.
-
E-mail
/ Message Forging: Forging any message header, in
part or whole, of any electronic transmission, originating
or passing through the MercStudio Web Hosting service
is in violation of this AUP.
-
Usenet
SPAMing: MercStudio Web Hosting has a zero tolerance
policy for the use of its network for the posting
of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of
any newsgroups or mailing list. Commercial messages
that are appropriate under the rules of a newsgroup
or mailing list or that are solicited by the recipients
are permitted.
-
Unauthorized
access: Use of the MercStudio Web Hosting service
to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate,
security measures of MercStudio Web Hosting's or
another entity's computer software or hardware,
electronic communications system, or telecommunications
system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited
and the offending MercStudio Web Hosting account
is subject to immediate termination.
-
Copyright
or trademark infringement: Use of the MercStudio
Web Hosting service to transmit any material (by
e-mail, uploading, posting or otherwise) that infringes
any copyright, trademark, patent, trade secret or
other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted
software.
-
Collection
of personal data: Use of the MercStudio Web Hosting
service to collect, or attempt to collect, personal
information about third parties without their knowledge
or consent.
-
Network
disruptions and unfriendly activity: Use of the
MercStudio Web Hosting service for any activity
which affects the ability of other people or systems
to use MercStudio Web Hosting Services or the Internet.
This includes "denial of service" (DOS)
attacks against another network host or individual
user. Interference with or disruption of other network
users, services or equipment is prohibited. It is
the Member's responsibility to ensure that their
network is configured in a secure manner. A Subscriber
may not, through action or inaction, allow others
to use their network for illegal or inappropriate
actions. A Subscriber may not permit their network,
through action or inaction, to be configured in
such a way that gives a third party the capability
to use their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another
company and/or individual's computer system will
result in immediate account termination. MercStudio
Web Hosting will not tolerate any subscriber attempting
to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion
results in corruption or loss of data.
-
Fraud:
Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent
that the person receiving it will act upon it.
-
Infringement
of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or
posting of copyrighted or the aforementioned infringements
will not be tolerated.
-
Distribution
of Viruses: Intentional distributions of software
that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems
are prohibited. Such an offense will result in the
immediate termination of the offending account.
-
Inappropriate
Use of Software: Use of software or any device that
would facilitate a continued connection, i.e. pinging,
while using MercStudio Web Hosting services could
result in suspension/cancellation of service.
-
Third
Party Accountability: MercStudio Web Hosting subscribers
will be held responsible and accountable for any
activity by third parties, using their account,
that violates guidelines created within the Acceptable
Use Policy.
Security
You are responsible for any misuse of your account,
even if the inappropriate activity was committed by
another user under you account, friend, family member,
guest or employee. Therefore, you must take steps to
ensure that others do not gain unauthorized access to
your account. In addition, you may not use your account
to breach security of another account or attempt to
gain unauthorized access to another network or server.
- Your
password provides access to your account. It is
your responsibility to keep your password secure.
- Sharing
your password and account access with unauthorized
users is prohibited. You should take care to prevent
others from using your account since you will be
held responsible for such use.
- Attempting
to obtain another user's account password is strictly
prohibited, and may result in termination of service.
- You
must adopt adequate security measures to prevent
or minimize unauthorized use of your account.
- You
may not 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 you, logging into or making use
of a server or account you are not expressly authorized
to access, or probing the security of other networks.
Use or distribution of tools designed for compromising
security is prohibited. Examples of these tools
include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
- You
may not attempt to interfere with service to any
user, host or network ("denial of service attacks").
This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service,
and attempts to "crash" a host.
- Users
who violate systems or network security may incur
criminal or civil liability. MercStudio Web Hosting
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.
Refusal
of Service
We
reserve the right to refuse, cancel, or suspend service
at our sole discretion. All Sub-Networks, distributive
hosting sites and dedicated servers of MercStudio Web
Hosting must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
account deactivation. MercStudio Web Hosting reserves
the right to deny the refund of any monies paid thus
far if these policies are broken.
REVISIONS
TO THIS ACCEPTABLE USE POLICY
MercStudio Web Hosting reserves the right to revise,
amend, or modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at any time and
in any manner.
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