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TERMS OF USE
Upon
signing up for OneBytes services, all customers
agree to comply with OneBytes Terms of Use. The
spirit of this policy is to ensure our customers are
using OneBytes services with due regard to the
rights of other Internet users and in conformity
with the requirements of OneBytes network
environment.
Adult Content
Due to the special system and network requirements
of adult-oriented sites, pornography and sex-related
merchandising are prohibited. This includes sites
that may infer sexual content or provide links to
adult content elsewhere. This is also true for sites
that promote any illegal activity or content that
may be damaging to our servers or any other server
on the Internet, or provide links to such sites.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets
forth the requirements for valid copyright
infringement notification. If you would like to
notify OneBytes of an infringement of your
copyright, the DMCA requires that you:
-
Send your notification to OneBytes designated
agent. You may choose any of the following three
avenues for this notification:
-
Email to abuse(@)onebytes.com.my
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Fax to OneBytes, Attention: Abuse at (603)
6328-657.
-
Include in your notification the following
information
-
A physical or electronic signature of the
copyright owner or a person authorized to act on
the copyright owner's behalf (the "Claimant")
-
Identification of the copyrighted work(s)
claimed to have been infringed
-
Identification of the material claimed to
infringe the copyright(s), and enough
information for OneBytes to locate it.
-
The Claimant's name, address, and telephone
number(s)
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A statement that the Claimant has a good faith
belief that use of the disputed material is not
authorized by the copyright owner or his agent
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A statement, under penalty of perjury, that the
information in the notification of copyright
infringement is accurate and that the Claimant
is authorized to act on behalf of the copyright
owner.
Databases
Any database stored on OneBytes servers shall be
limited in size to 20% of the total disk space
allotted for that particular domain's plan/web
hosting account.
Illegal Use
OneBytes servers may be used for lawful purposes
only. Transmission, storage, or distribution of any
information, data, or material in violation of any
applicable law or regulation, or that may directly
facilitate the violation of any particular law or
regulation is prohibited.
This includes, but is not limited to: copyrighted
material; trademarks; trade secrets or other
intellectual property rights used without proper
authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export
control laws.
Examples of unacceptable content or links include:
pirated software, hacker programs or archives, Warez
sites, MP3, and IRC bots.
IRC
OneBytes does not allow IRC or IRC bots to be
operated on our servers.
Multimedia Files
Multimedia files are defined as any graphics, audio,
and video files. OneBytes shared web hosting
accounts are not to be used for the purposes of
distributing and storing unusual amounts of
multimedia files. Any web site whose disk space
usage for storing multimedia files exceeds 65% of
its total usage, in terms of total size or number of
files, will be considered to be using an unusual
amount of multimedia files.
Security
Violations of system or network security are
prohibited and may result in criminal and civil
liability. Examples include but are not limited to
the following: unauthorized access, use, probing, or
scanning of systems security or authentication
measures, data, or traffic; interference with
service to any user, host, or network including,
without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast
attacks; forging of any TCP-IP packet header or any
part of the header information in an email or a
newsgroup posting.
Server Abuse
Any attempts to undermine or cause harm to a
OneBytes server or customer are strictly prohibited.
Server Resources
Any web site that uses a high amount of server
resources (such as, but not limited to, CPU time,
memory usage, and network resources) will be given
the option to either pay additional fees (which will
depend on the resources required), reduce the
resources used to an acceptable level, or upgrade
its service to a Dedicated Server plan. OneBytes
shall be the sole arbiter of what is considered to
be a high server usage level.
Any
web hosting account deemed to be adversely affecting
server performance or network integrity will be shut
down without prior notice.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from
or through a OneBytes server or using an email
address that is maintained on a OneBytes machine is
STRICTLY prohibited. OneBytes will be the sole
arbiter as to what constitutes a violation of this
provision. Customers are also in violation of this
provision if they engage in spamming using the
service of another ISP or IPP, but reference in the
spam a web site hosted on a OneBytes server, or if
they sell or distribute software on their web site
that facilitates spamming. Violators will face
immediate suspension and possible fine.
Actions Taken by OneBytes
The failure by a customer to meet or follow any of
the above Terms of Use is grounds for account
deactivation. OneBytes will be the sole arbiter as
to what constitutes a violation of the Terms of Use.
OneBytes reserves the right to remove any account
without prior notice.
When
OneBytes becomes aware of an alleged violation of
its Terms of Use, OneBytes will initiate an
investigation. During the investigation, OneBytes
may restrict a customer's access in order to prevent
further potentially unauthorized activity. Depending
on the severity of the violation, OneBytes may, at
its sole discretion, restrict, suspend, or terminate
a customer's web hosting account and/or pursue other
civil remedies. If such violation is a criminal
offense, OneBytes will notify the appropriate law
enforcement authorities of such violation.
OneBytes does not issue credits for outages incurred
through service disablement resulting from Terms of
Use violations.
OneBytes customers agree to indemnify and hold
harmless OneBytes from any claims resulting from the
use of our services that damages them or any other
party. The OneBytes service is provided on an as is,
as available basis without warranties of any kind,
either express or implied, including, but not
limited to, warranties of merchantability, fitness
for a particular purpose or non-infringement.
OneBytes expressly disclaims any representation or
warranty that the OneBytes service will be
error-free, secure or uninterrupted. No oral advice
or written information given by OneBytes, its
employees, licensors or the like, will create a
warranty; nor may you rely on any such information
or advice. OneBytes and its partners and suppliers
will not be liable for any cost or damage arising
either directly or indirectly from any transaction
or use of the service.
Modification
OneBytes reserves the right to add, delete, or
modify any provision of its Terms of Use at any time
without notice. |