Use of GetHosted Service constitutes acceptance and agreement to GetHosted’s Terms as well as GetHosted’s AUP (Acceptable Use Policy), spam policy and fraud policy.
Where the context admits: “We” includes GetHosted or any party acting on GetHosted’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.
By using our services you agree to be bound by our terms and conditions below:
1. Web Site Hosting And Email 1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. 1.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server. 1.3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that: 1.4. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so. 1.5. You will not post, link to or transmit: 1.5.1. Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way. 1.5.2. Any material containing a virus or other hostile computer program. 1.5.3. Any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. 1.6. You will not sending of unsolicited email (a.k.a. SPAM) or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. Web Site found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued. Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies. 1.7. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez and/or copyrighted MP3s 1.8. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. 1.9. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers. 1.10. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. 1.11. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. 1.12. Any access to other networks connected to GetHosted must comply with the rules appropriate for those other networks. 1.13. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. 1.14. In relation to clause 1.5, we have the right to charge a MYR150 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us. 1.15. If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
2. Web Site Hosting Service Availability 2.1. We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. 2.2. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason. 2.3. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately. 2.4. Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).
3. System Resource Usage 3.1. If GetHosted system administration team determines that a customer’s account is utilizing an unacceptable amount of system resources, GetHosted may temporarily deactivate the account in question. If GetHosteds staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases. 3.2. GetHosted will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
4. Payments 4.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. 4.2. Payment is due each month or year until closure notice is given. If you choose to pay by credit or debit card you authorize GetHosted’s credit card / debit card processing (2checkout.com) to debit your account renewal fees from your card. 4.3. All payments must be in either MYR (Malaysia Ringgit) or USD (US dollars). 4.4. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. 4.5. Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up. 4.6. From time to time security checks are performed and new customers may be telephoned prior to any service commencing. 4.7. If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold within the GetHosted network. 4.8. If monies are owned to us are not received in full within 30 days of our final request it will be considered as fraud and our fraud policy, as detailed on our website, will be used to collect such monies without exception.
5. Web Site Hosting Termination 5.1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. 5.2. GetHosted will charge a sum of MYR50 / USD15 for reactivation of a suspended account. These charges will cover all the administration works. 5.3. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you. 5.4. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you. 5.5. Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees 5.6. We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason. 5.7. You may cancel the Services at any time. Canceling payments (2CheckOut.com) to us on monthly and 3 months paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans. 5.8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. 5.9. When an account termination request is received it will only be action if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password. 5.10. When a valid account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date. 5.11. Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one month’s service which must then be cancelled by the customer at the correct time of closure.
7. Credit / Debit Card Chargeback 7.1. If a services have been used and the customer requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the customer to recover such payments in all circumstances. 7.2. All actions of fraud are automatically reported to the police and dealt with according to our fraud policy as detailed on our website without exception. 7.3. Any cases of underage porn on our servers will automatically be reported to the police and we will work with such bodies to ensure that legal action is taken against you. We will never tolerate such actions.
8. Law 8.1. This Agreement shall be governed by and construed in accordance with Malaysia law and you hereby submit to the non-exclusive jurisdiction of the Malaysia courts.
9. Headings 9.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
10. This Agreement 10.1. By performing any transactions on this web site you agree to these terms and conditions, our acceptable use policy (AUP), fraud policy, spam policy and also agree to make any person(s) who use our services aware of our terms and conditions.
Use of GetHosted Service constitutes acceptance and agreement to GetHosted’s Terms of Services (TOS) as well as GetHosted’s AUP (Acceptable Use Policy), spam policy and fraud policy.
GetHosted’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what GetHosted expects of them while using the service.
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. GetHosted 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 your GetHosted account.
This document is intended to provide a basic understand of GetHosted ‘s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of GetHosted ‘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
While the GetHosted is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the GetHosted and the Internet and cannot be permitted under the guise of free speech. The resources of the GetHosted and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
You may not use your account to publish material, which GetHosted 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, video recordings, and audio recordings.
If a GetHosted account is used to violate the Acceptable Use Policy 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. 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.
VIOLATIONS OF GetHosted ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: GetHosted’s services may not be used for illegal purposes, or in support of illegal activities. GetHosted 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 GetHosted service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the GetHosted 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 GetHosted service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of GetHosted 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 information 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 GetHosted service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.
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 GetHosted account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the GetHosted service is in violation of this AUP.
Unauthorized access: Use of the GetHosted service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of GetHosted ‘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 GetHosted account is subject to immediate termination.
Copyright or trademark infringement: Use of the GetHosted 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 GetHosted 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 GetHosted service for any activity which affects the ability of other people or systems to use GetHosted 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 customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer 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. GetHosted will not tolerate any customer 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 GetHosted services could result in suspension service.
Third Party Accountability: GetHosted customers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately removed from our network without notice. Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a 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. GetHosted 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.
GetHosted 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 termination of your account.
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 GetHosted systems or networks. GetHosted reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF GetHosted AUP
GetHosted requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at [email protected]
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
Email with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. GetHosted may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the customer’s account
Terminate the customer’s account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
GetHosted 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. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not pass your email address to other trusted traders unless you agree.
The type of information we will collect about you includes: your name address e-mail address your internet ip address
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.
If you have any questions or comments about privacy, please to contact us.
Any person(s) committing fraud on our network will be dealt with to the highest penalty allowable under law, without exception.
A quick note on credit card fraud.
What constitutes credit card fraud? You use your credit card to obtain access and then claim that you did not authorize such transaction, that you have no idea what the charge is for and/or you claim the card number was stolen. Any other statement which you know is not true.
What happens when you falsely dispute a charge? Falsely denying payment on your credit card may result in action against you for the amount disputed, plus the cost of paying the collection agency and/or lawyers processed by an international collection agency with independent representatives in America, Europe and Asia, plus costs for round trip airfare, motel, food, and labor costs for the designated agent to appear in court. Credit card fraud is a serious offense and will be prosecuted to the fullest extent possible. This no tolerance policy of fighting back each and every case of credit card fraud by the designated agent will cost you much more money than the original amount of the service(s) you received.
How can we prove your identity? Through your IP address. In court the IP address will verify your identity and exact time you used the system.
How? By subpoena or your internet service provider to obtain your identity. Your internet service provider is forced through the court subpoena process to give up this confidential information. Your ISP’s log file history will show exactly what modem and port you logged on through and makes identification through your Account Name and Password. Even Streamyx and other dynamic IP addresses gives us the information needed to prosecute.
How do we collect on fraudulent claims? Loans on your property, bank account, and garnishing of wages. This may also result in a report being filed with 3 major credit reporting agencies once our case is won. We sincerely hope that it will not come to this, but credit card fraud can not and will not be tolerated. It undermines the entire growth of the internet and computer based businesses worldwide.
Virtually all of our orders are from honest customers to which this policy is of no concern. This policy is designed to protect ourselves and legitimate and honest customers have nothing to fear from our fraud policy.
GetHosted automatic backup service runs once a week on a random day, and each run overwrites any previous backups. Only one week of backups are kept at a time. The terms of our backup policy vary depending on the type of hosting account.
GetHosted backups are provided as a courtesy and are not guaranteed. Customers are responsible for their own backups and web content and should make their own backups for extra protection. For additional information, please refer to our Terms of Service.
The sending of unsolicited email, aka spam / spamming from our network is not tolerated. A fine of RM300 will be charged to your account if it is found that you have “spammed”. If this is not paid our credit card fraud policy will be used to recover this fine. Every spam complaint will be investigated by our abuse team and any unjustified complaint(s) will not be held against you.