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Acceptance User
Policy
Singapore Business Hosting C/O iFoundries
(Asia Pacific) Pte Ltd Acceptable Use Policy (AUP)
Background
From time to time Singapore Business Hosting C/O
iFoundries (Asia Pacific) Pte Ltd (‘iFoundries’)
may impose reasonable rules and regulations regarding
the use of its services. Such rules and regulations
are called Acceptable Use Policies (AUPs) and
are posted on the iFoundries web page located
at http://www.sgbusinesshosting.com/aup.html.
The AUPs are not exhaustive and iFoundries reserves
the right to modify the AUPs at any time, effective
upon either the posting of the modified AUPs to
http://www.sgbusinesshosting.com/aup.html.
or notification of the modified AUPs. By registering
for and using the services, and thereby accepting
the terms and conditions of the Master Services
Agreement or its equivalent, you agree to abide
by the AUPs as modified from time to time. Any
violation of the AUPs may result in the suspension
or termination of your account or such other action
as iFoundries deems appropriate. An unlisted activity
may also be a violation of the AUPs if it is illegal,
irresponsible, or disruptive use of the Internet.
No credits will be issued for any interruption
in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND
MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION
OF THE SERVICES YOU RECEIVE FROM IFOUNDRIES. YOU
SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR
YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT
THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT
THROUGH THE USE OF THE SERVICES. "CONTENT"
INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB
PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES.
IT IS IFOUNDRIES'S POLICY TO TERMINATE REPEAT
INFRINGERS. IFOUNDRIES RESERVES THE RIGHT TO REFUSE
SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches
of security affecting servers under customer control.
If a customer's server or account is involved
in an attack on another server or system, it will
be shut down and an immediate investigation will
be launched to determine the cause/source of the
attack. In such event, the customer is responsible
for the cost to rectify any damage done to the
customer's server or account and any other requirement
affected by the security breach. The labor used
to rectify any such damage is categorized as emergency
security breach recovery and is currently charged
at $300 SGD per hour. Enquiries regarding security
matters may be directed to Tech Support at support@ifoundries.com
System And Network Security
Violations of system or network security are prohibited,
and may result in criminal and civil liability.
iFoundries may investigate incidents involving
such violations and may involve and will cooperate
with law enforcement if a criminal violation is
suspected. Examples of system or network security
violations include, without limitation, the following:
- 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 without express authorization of the
owner of the system or network.
- Unauthorized monitoring of data or traffic
on any network or system without express authorization
of the owner of the system or network.
- Interference with service to any user, host
or network including, without limitation, mail
bombing, flooding, deliberate attempts to overload
a system and broadcast attacks.
- Forging of any TCP-IP packet header or any
part of the header information in an e-mail
or a newsgroup posting.
Violators of the policy are responsible, without
limitations, for the cost of labor to clean up
and correct any damage done to the operation of
the network and business operations supported
by the network, and to respond to complaints incurred
by iFoundries. Such labor is categorized as emergency
security breach recovery and is currently charged
at $300 SGD per hour required. Enquiries regarding
security matters may be directed to Support at
techsupport@ifoundries.com. iFoundries is concerned
with the privacy of online communications and
web sites. In general, the Internet is neither
more nor less secure than other means of communication,
including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however,
iFoundries urges its customers to assume that
all of their online communications are insecure.
iFoundries cannot take responsibility for the
security of information transmitted over iFoundries's
facilities.
Password Protection
The customer is responsible for protecting customer's
password and for any authorized or unauthorized
use made of customer's password. The customer
will not use or permit anyone to use iFoundries's
service to guess passwords or to access other
systems or networks without authorization. iFoundries
will fully cooperate with law enforcement authorities
in the detection and prosecution of illegal activity.
The account holder agrees to maintain a secure
password to the account. Secure passwords are
those that are at least 6 characters long, contain
upper or lower case letters, and numbers or other
characters, and can not be found in direct or
reverse order in any English dictionary.
The account holder shall be solely responsible
for maintaining the security of their accounts
and passwords, and for preventing their unauthorized
use. If the account holder shall become aware,
or suspect, that any unauthorized person has obtained
or attempted access through their account, then
the account holder shall immediately notify iFoundries
and change their password.
SPAM and Commercial Advertisements with
E-mail
iFoundries takes a zero tolerance approach to
the sending of Unsolicited Commercial E-mail (UCE)
or SPAM over our network. Very simply, this means
that customers of iFoundries may not use or permit
others to use our network to transact in UCE.
Customers of iFoundries may not host, or permit
hosting of, sites or information that is advertised
by UCE from other networks. Violations of this
policy carry severe penalties, including termination
of service.
Sending a message, especially an advertisement,
to more than five recipients, is by itself spamming
unless the individuals have specifically requested
to be added to a mailing list on that topic. This
includes both commercial advertisements and informational
messages sent to recipients via electronic mail
(email) as well as off-topic messages posted in
Usenet discussion groups where the recipient has
not requested or invited the message. E-mail is
a person-to-person medium, not a broadcast medium.
Customers of iFoundries are strictly prohibited
from using or permitting others to use UCE or
SPAM over our network. As our Customers are ultimately
responsible for the actions of their clients over
the iFoundries network, it is advisable that Customers
develop a similar, or stricter, policy for their
clients.
Violation of iFoundries's SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, iFoundries will
initiate an immediate investigation (within 48
hours of notification). During the investigation,
iFoundries may restrict customer access to the
network to prevent further violations. If a customer
is found to be in violation of our SPAM policy,
iFoundries may, at its sole discretion, restrict,
suspend or terminate customer's account. Further,
iFoundries reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. iFoundries
will notify law enforcement officials if the violation
is believed to be a criminal offense.
Violation of iFoundries's SPAM policy should be
reported to abuse@ifoundries.com.
Internet Etiquette
The customer is expected to be familiar with and
to practice good Internet etiquette (Netiquette).
The customer will comply with the rules appropriate
to any network to which iFoundries may provide
access. The customer should not post, transmit,
or permit Internet access to information the customer
desires to keep confidential. The customer is
not permitted to post any material that is illegal,
libelous, tortuous, indecently depicts children
or is likely to result in retaliation against
iFoundries by offended users. iFoundries reserves
the right to refuse or terminate service at any
time for violation of this section. This includes
advertising services or sites via IRC or USENET
in clear violation of the policies of the IRC
channel or USENET group.
Copyright Infringement - Software Piracy
Policy
The iFoundries network may only be used for lawful
purposes. Transmission, distribution, or storage
of any information, data or material in violation
of Singapore, United States or state regulation
or law, or by the common law, is prohibited. This
includes, but is not limited to, material protected
by copyright, trademark, trade secret, or other
intellectual property rights.
Making unauthorized copies of software is a violation
of the law, no matter how many copies you are
making. If you copy, distribute or install the
software in ways that the license does not allow,
you are violating copyright law. If caught with
pirated software, you or your company may be liable
under both civil and criminal law, and you may
be fined up to $250,000 USD and/or receive up
to 5 years in jail.
In compliance with the Digital Millennium Copyright
Act (the "DMCA"), please send DMCA notifications
of claimed copyright infringements to Support
by e-mail at abuse@ifoundries.com.
iFoundries will cooperate fully with any civil
and/or criminal litigation arising from the violation
of this policy.
Network Responsibility
Customers have a responsibility to use the iFoundries
network responsibly. This includes respecting
the other customers of iFoundries. iFoundries
reserves the right to suspend and or cancel service
with any Customer who uses the iFoundries network
in such a way that adversely affects other iFoundries
customers. This includes but is not limited to:
- Attacking or attempting to gain unauthorized
access to servers and services that belong to
iFoundries or its customers (i.e. computer hacking),
and/or
- Participating in behavior that results in
reprisals that adversely affect the iFoundries
network or other customers' access to the iFoundries
network.
iFoundries will react strongly to any use or
attempted use of an Internet account or computer
without the owner's authorization. Such attempts
include, but are not limited to, "Internet
Scanning" (tricking other people into releasing
their passwords), password robbery, security hole
scanning, port scanning, etc. Any unauthorized
use of accounts or computers by a iFoundries customer,
whether or not the attacked account or computer
belongs to iFoundries, will result in severe action
taken against the attacker. Possible actions include
warnings, account suspension or cancellation,
and civil or criminal legal action, depending
on the seriousness of the attack. Any attempt
to undermine or cause harm to a server, or customer,
of iFoundries is strictly prohibited.
Violations of this policy may be reported directly
to the FBI's Infrastructure Protection & Computer
Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm
or the Singapore Police Force at http://www.spf.gov.sg.
iFoundries will cooperate fully with any civil
and/or criminal litigation arising from the violation
of this policy.
Shared Web Hosting Responsibility
The shared web hosting customer (a customer who
employs services on iFoundries server(s) shared
with other iFoundries customers) agrees to refrain
from using their shared hosting accounts for running
servers (especially IRC servers, IRC "bots",
IRC "bouncers" and other "chat"
related servers and services) or background processes.
Long-running foreground processes and processes
that take up significant CPU or bandwidth, except
for text editors, are also to be avoided. iFoundries
shared hosting accounts should be used only for
setting up, configuring, and installing working
web sites and web applications, and not for the
development and/or testing of software programs
or scripts, the use of Internet client programs
which access non-iFoundries servers, or other
uses.
Any use of iFoundries shared hosting system resources
that disrupts the normal use of the system for
other iFoundries customers is considered to be
an abuse of system resources and is grounds for
administrative intervention. Some examples of
system abuse include spawning an excessive number
of processes, consuming excessive amounts of memory
or CPU, spamming or mass emailing using internal
or external mail servers, and using extreme amounts
of disk space or bandwidth well beyond 400% of
the customer's purchased quotas. The remedial
action taken may range from a warning to the immediate
termination of the customer's services, depending
on the severity of the abuse, the customer's history
of abuse, and the discretion of iFoundries.
Web hosting clients are fully responsible for
any and all security vulnerabilities in their
web site(s). If any web site vulnerabilities are
compromised, the web hosting client will be fully
responsible as if the client him/herself had explicitly
performed the compromise and associated resulting
actions.
Shared E-mail Hosting Responsibility
The shared email hosting customer must be responsible
that their account does not use excessive bandwidth
for incoming, outgoing, or downloading of email.
Customers whose accounts use less than 0.5 Gb/month/user
of bandwidth on average are within the bounds
of acceptable use. Accounts whose usage noticeably
exceeds 0.5 Gb/user/month may be charged for excessive
bandwidth beyond this limit (0.5 Gb/user/month)
at the current rate for bandwidth (US$2.50/Gb).
If it is determined that your account is using
excessive bandwidth for email services, you may,
at the sole discretion of iFoundries administration,
and based on the severity of the overage, be warned,
charged, and/or have your services disabled or
terminated without notice. If you anticipate requiring
large amounts of bandwidth, please contact us
for special arrangements.
Shared email hosting clients also agree not to
abuse these services by performing actions such
as, but not limited to, making excessive numbers
of simultaneous connections to our email servers,
using excessive amounts of CPU, using extreme
amounts of disk space well beyond 400% of the
customer's purchased quota, spamming or mass emailing
using internal or external mail servers, or other
actions that infringe on the proper functioning
of the email servers or which affect the quality
of service we are able to provide to other clients
on the shared servers. Clients in violation may
be warned, or have their services suspended and/or
terminated without notice, at the sole discretion
of iFoundries administration.
Dedicated Hosting Responsibility
The dedicated hosting customer (a customer that
leases one or more dedicated servers from iFoundries)
may use IRC and any other server, background,
and foreground application inside the iFoundries
network on their leased dedicated server(s) as
long as such use does not violate any of the other
terms of this AUP.
As a policy, iFoundries will not provide vanity
IRC reverse DNS records. To enforce this policy
iFoundries does not turn the reverse address of
IPs over to the customer. Authority over this
information remains with iFoundries.
iFoundries administers the network on which customer
servers reside. The customer cannot use IP addresses
that were not assigned to them by the iFoundries
staff. Any server found using IPs that were not
officially assigned will be suspended from network
access until such time as the IP addresses overlap
can be corrected.
Lawful Purpose
All services may be used for lawful purposes only.
Transmission, storage, or presentation of any
information, data or material in violation of
any applicable law, regulation, or AUP is prohibited.
This includes, but is not limited to: copyrighted
material or material protected by trade secret
and other statute or dissemination of harmful
or fraudulent content.
Using any iFoundries service or product for the
purpose of participating in any activity dealing
with subject matters that are prohibited under
applicable law is prohibited.
Any conduct that constitutes harassment, fraud,
stalking, abuse, or a violation of federal export
restriction (for customers domiciled in the United
States of America) in connection with use of iFoundries
services or products is prohibited. Using the
iFoundries network to solicit the performance
of any illegal activity is also prohibited, even
if the activity itself is not performed. In addition,
knowingly receiving or downloading a file that
cannot be legally distributed, even without the
act of distribution, is prohibited.
Servers hosted within iFoundries network are open
to the public. You are solely responsible for
your usage of the iFoundries network and servers
and any statement you make on servers hosted within
the iFoundries network may be deemed "publication"
of the information entered. Acknowledging the
foregoing, you specifically agree not to use our
service in any manner that is illegal or libelous.
Pornography
iFoundries will cooperate fully with any criminal
investigation into a Customer's violation of the
Child Protection Act of 1984 concerning child
pornography for customers domiciled in the United
States of America. Customers are ultimately responsible
for the actions of their clients over the iFoundries
network, and will be liable for illegal material
posted by their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video or any other
type of visual presentation that shows a person
who is or is depicted as being under the age of
eighteen years and is engaged in or is depicted
as engaged in explicit sexual activity, or the
dominant characteristic of which is the depiction,
for a sexual purpose, of a sexual organ or the
anal region of a person under the age of eighteen
years or any written material or visual representation
that advocates or counsels sexual activity with
a person under the age of eighteen years.
Violations of the Child Protection Act may be
reported to the U.S. Customs Agency at 1-800-BEALERT
iFoundries explicitly prohibits use or display
of material containing pornographic material of
any kind. The use of iFoundries services for the
storage of such materials is also prohibited,
even if such materials are not apparently publicly
available.
Data Backups
iFoundries attempts to make regular and frequent
backups of all data in the shared-hosting customer's
account and stores these backups on disk and/or
tape in distributed locations to protect the data.
These backups help to protect the client against
equipment failure, security failure, and other
hazardous situations.
Unless the customer has a special agreement with
iFoundries, the retrieval of information from
these backups will be accompanied by a service
charge to be determined. iFoundries makes no guarantee
as to the regency or availability of the backup
data requested. Unless the customer has an explicit
backup agreement with iFoundries, the client should
assume full responsibility for preserving and
protecting their data.
iFoundries does not perform backups of any data
on leased dedicated servers unless specifically
contracted to do so.
Billing
The customer understands that the customer is
responsible for paying for any network resources
that are used to connect the customer's server
to the Internet. The customer may request that
the customer's server be disconnected from the
Internet, but the customer will still be responsible
for paying for any network resources used up to
the point of suspension or cancellation.
Suspension
iFoundries reserves the right to suspend network
access to any customer if, in the judgment of
the iFoundries network administrators, the customer's
server is the source or target of the violation
of any of the other terms of the AUPs or for any
other reason which iFoundries chooses. If inappropriate
activity is detected, all accounts of the Customer
in question will be deactivated until an investigation
is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement
will be contacting regarding the activity. The
customer will not be credited for the time the
customer's machines were suspended. The Customer
will be credited on a prorated basis based on
the monthly fees the Customer pays for the servers
that are suspended for the time the Customer's
machines were suspended.
Cancellation
iFoundries reserves the right to cancel service
at any time. If inappropriate activity is detected,
all accounts of the customer in question will
be deactivated until an investigation is complete.
Prior notification to the Customer is not assured.
In extreme cases, law enforcement will be contacting
regarding the activity. All fees paid in advance
of cancellation will be prorated and paid by iFoundries
if iFoundries institutes its right of cancellation.
Any violation of policies that results in extra
costs will be billed to the customer (i.e. transfer,
space etc.).
Indemnification
iFoundries wishes to emphasize that in signing
the Master Services Agreement or its equivalent,
customer indemnifies iFoundries for any violation
of the Master Services Agreement or its equivalent,
law or AUP that results in loss to iFoundries
or the bringing of any claim against iFoundries
by any third-party. This means that if iFoundries
is sued because of a customer's or a customer
of a customer's activity, the customer will pay
any damages awarded against iFoundries, plus costs
and reasonable attorney's fees.
Disclaimer of Responsibility
iFoundries is under no duty to look at each customer's
or user's activities to determine if a violation
of the AUPs has occurred, nor do we assume any
responsibility through our AUPs to monitor or
police Internet-related activities. iFoundries
disclaims any responsibility for any such inappropriate
use and any liability to any person or party for
any other person's or party's violation of this
policy.
All Sub-Networks, resellers and managed servers
of iFoundries must adhere to the above policies.
Failure to follow any term or condition will be
grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs
AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD
PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS
OF THESE AUPs BY YOU.
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