This Terms & Conditions Agreement is made between GIGABIT HOSTING SDN BHD (“GIGABIT”) and “Customer”, and the person (individual or legal person) whose signing GIGABIT ’s service order and set up form (the “Order”) incorporated in this Agreement by reference. (“Agreement”). This Agreement governs Customer’s use of GIGABIT ’s service.
This AUP governs the use of GIGABIT ’s dedicated server service. Any breach of this AUP may result in suspension or termination of Customer service. In the event of a dispute between Customer and GIGABIT regarding the interpretation of this AUP, GIGABIT ’s interpretation, in its reasonable commercial judgment, shall take precedent. If Customer have any questions regarding this AUP, contact GIGABIT.
Table of Contents
- Offensive Content
- Bulk Commercial E-Mail
- Unsolicited E-Mail
- Material Protected by Copyright
- Copyright Infringement Notice
- **Internet Abuse**
- **Newsgroup, Chat Forums, Other Networks**
- Offensive Content
Customer shall not publish or transmit via GIGABIT ’s service any contents which GIGABIT reasonably deemed: –
- constitutes child pornography;
- constitutes pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive towards consumers in violation of any provision of laws including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with investigation by law enforcement agencies;
- improperly exposes trade secrets or any other confidential or proprietary information of another person or persons;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes another person’s trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, illegal gambling, or illegal arms trafficking or money laundering activities;
- is otherwise illegal or solicits conduct that is deemed illegal under laws applicable to Customer or to GIGABIT; or
- is otherwise information deemed malicious, fraudulent, or may result in retaliation against GIGABIT by offended viewers.
Content “published or transmitted” via GIGABIT ’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by GIGABIT.
Customer are solely responsible to take reasonable security precautions to protect the confidentiality of Customer password, and Customer is advised to change its Customer password periodically as a form of preventive security.
- Bulk Commercial E-Mail
Customer must obtain GIGABIT advance approval for any bulk commercial e-mail, which will not be given unless Customer are able to demonstrate all of the following to conditions, – to the satisfactory of GIGABIT’s:
- Customer’s intended recipients have given their consent to receive such e-mail via some affirmative means, such as an opt-in procedure;
- Customer’s procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- Customer retain evidence of the recipient’s consent in a form that may be promptly produced on request, and Customer honor recipients and GIGABIT ’s requests to produce the consented evidence within 72 hours of receipt of such request;
- The body of the e-mail must describe how the e-mail address was obtained, for example, “Customer opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request for evidence of the consent given, for example, “If Customer would like to learn more about how we received Customer’s e-mail address please contact us at [email protected];
- Customer have a procedure in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent must be honored within 72 hours, and Customer notify recipients that their revocation of their consent will be honored within 72 hours;
- Customer must post an [email protected] e-mail address on the first page of any Web site associated with the e-mail, Customer must register that address at abuse.net, and Customer must promptly respond to messages sent to that address;
- Customer have the means to track any anonymous complaints;
- Customer may not obscure the source of Customer’s e-mail in any manner. Customer’s e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
- Customer otherwise comply with applicable provision of Anti-Spam.
These policies apply to messages sent using Customer’s via GIGABIT’s service, or to messages sent from any network by Customer or any person on Customer’s behalf directly or indirectly refers the recipient to a site hosted via GIGABIT’s service. In addition, Customer may not use a third-party e-mail service that does not practice similar procedures for all its customers.
GIGABIT may opt to test and otherwise monitor Customer’s compliance with these requirements, including requesting opt-in information from a random sample of Customer’s list at any time.
- Unsolicited E-Mail
Customer may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it Customer must comply with the rules of any other network Customer access or participate in using GIGABIT’s services.
- Material Protected by Copyright
Customer may not publish, distribute, or otherwise copy in howsoever, any music, software, art, or other works which are protected by copyright law unless:
- Customer have been expressly authorized by the owner of the copyright to copy the work in that manner;
- GIGABIT shall terminate the service of repeated copyright offenders without notice.
- Copyright Infringement Notice (Digital Millennium Copyright Act)
If Customer had discovered that its copyright has being infringed by another person using the GIGABIT network, kindly forward a written notice of copyright infringement to:
Recording Industry Association of Malaysia No. L-8-2, 8th Floor, Block L, No. 2, Jalan Solaris, Solaris Mont’ Kiara, 50480 Kuala Lumpur, Malaysia. Tel: 603-6207 2800 D/L: 603-6207 2808 Fax: 603-6207 2900
Customer notice must include the following details:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, customer must present a representative list of such works at that site;
- Identification of the material that was claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GIGABIT to locate such materials;
- Provide information reasonably sufficient to permit GIGABIT to contact Customer, such as an address, telephone number, and, if available, an e-mail address; and
- A statement of confirmation from Customer that the information are accurate and made in good faith, claiming that use of the material used by other party(s) was not authorized by the copyright owner, the copyright owner’s agent as permitted by law, the Customer is aware that in the event of any false allegation of infringement or not made in good faith, the other party may have the right of action against Customer provided under the law.
Customer is obligated to update its information to current status and validity of documentations to be consistence with the domain name registrar for any domain hosted on GIGABIT network.
GIGABIT is under no duty or obligated under this AUP to undertake to monitor customers’ activities and shall not be liable for any misuse of the GIGABIT network, it is the Customer’s sole duty and obligations to monitor its performance of activities within its system hosted with GIGABIT
Any inquiries with regards to this policy should be directed to GIGABIT at [email protected].
- Internet Abuse
Customer may not engage in illegal, abusive, or irresponsible behavior, including:
- 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 (including those belonging to GIGABIT and its customers) without express authorization of the owner of the system or network;
- monitoring others data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with the service to any user, host or network including, and not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, and not limited to Internet scanning (tricking another person into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct which may likely to result in retribution against the GIGABIT ‘s network; and
- Use of GIGABIT’s network in a way which shall unreasonably interferes with GIGABIT ’s customers’ use of the network.
- Newsgroup, Chat Forums, Other Networks
Customer must comply with the rules and conventions for postings at any bulletin boards, chat groups or forums which Customer participate, such as IRC and USENET groups, Customer shall comply with their indicated rules for content and commercial postings, in the event Customer failed and/or refused to comply with the indicated rules, Customer shall be solely liable and shall indemnify GIGABIT from any claims made against Customer.
Kindly take notice of the group’s prohibition in posting of off-topic commercial messages, or mass postings to multiple forums.
All services provided by GIGABIT may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysian (or law of any other country) law is prohibited. This includes, and is not limited to: copyrighted material, material that are considered threatening in nature or obscene, material which are “adult only” content, pornography or material protected by trade secrets and intellectual properties. The subscriber agrees to indemnify and continue to hold harmless against GIGABIT from any claims resulting from the use of the service which could have direct or indirect cause or caused damages to the subscriber or any other party.
Examples of Non-Acceptable Contents or Links:
- Pirated software
- Adult Websites
- Hacking programs or archives Warez Sites
- Illegal MP3’s
- Spamming Software
- Scamming, Phishing & Gambling
- Virus, Malware, Adware & Harmful Contents
Background Running ProgramsNO background-running programs are allowed, which includes any IRC related software such as bouncers and bots. Only in exceptional cases upon due consideration by the technical team that GIGABIT may allow such programs to run continually at the background, these circumstances are on request basis only and there shall be additional charges imposed based on system resources used and operational maintenance needed.
Shared Hosting Banned Scripts and ContentsCustomer are free to use any scripts, provided it does not affect the normal operations of the server, however, Customer are required to inform GIGABIT immediately upon discovery of any disruption to the server caused by the scripts. Scripts that are commonly known for causing server disruption include large CGI-based message forums, auctions, and banner exchanges. In the event that a script has cause disruption to the operative of the server and/or administrative operations, GIGABIT reserves the right to immediately disable the account pending investigation and Customer’s cooperation and resolution.