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TERMS OF USE
Upon signing up
for One Bytes services, all customers agree to comply with
One Bytes Terms of Use. The spirit of this policy is to
ensure our customers are using
One Bytes services with due
regard to the rights of other Internet users and in
conformity with the requirements of
One Bytes 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
One Bytes of an infringement of
your copyright, the DMCA requires that you:
- Send
your notification to
One Bytes designated agent. You may
choose any of the following three avenues for this
notification:
-
Email to abuse(@)onebytes.com.my
- Fax
to
One Bytes, Attention: Abuse at (603) 8318-3289.
- 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
One Bytes
to locate it.
- The
Claimant's name, address, and telephone number(s)
- 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
- 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
One Bytes 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
One Bytes 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
One Bytes 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.
One Bytes 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
One Bytes 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.
One Bytes
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
One Bytes server or using an email address that is
maintained on a
One Bytes machine is STRICTLY prohibited.
One Bytes 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
One Bytes 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 One Bytes
The failure by a customer to meet or follow any of the above
Terms of Use is grounds for account deactivation.
One Bytes
will be the sole arbiter as to what constitutes a violation
of the Terms of Use.
One Bytes reserves the right to remove
any account without prior notice.
When
One Bytes becomes aware of an alleged violation of its Terms
of Use,
One Bytes will initiate an investigation. During the
investigation,
One Bytes may restrict a customer's access in
order to prevent further potentially unauthorized activity.
Depending on the severity of the violation,
One Bytes 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,
One Bytes
will notify the appropriate law enforcement authorities of
such violation.
One Bytes
does not issue credits for outages incurred through service
disablement resulting from Terms of Use violations.
One Bytes
customers agree to indemnify and hold harmless
One Bytes from
any claims resulting from the use of our services that
damages them or any other party. The
One Bytes 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.
One Bytes expressly
disclaims any representation or warranty that the
One Bytes
service will be error-free, secure or uninterrupted. No oral
advice or written information given by
One Bytes, its
employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice.
One Bytes
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
One Bytes reserves the right to add, delete, or modify any
provision of its Terms of Use at any time without notice. |