You/vistors or the entity you represent MUST agree with ControlVM Sdn. Bhd.’s Acceptable Use Policy (“AUP”) before subscribing or ordering any products or services by CAREFULLY READ this AUP. You agrees to the following terms: describe the proper kinds of conduct and prohibited uses of ControlVM Sdn. Bhd.’s hosting services (the “Services”). This AUP is not exhaustive and ControlVM Sdn. Bhd. (“ControlVM”) reserves the right to modify this AUP at any time without prior notice, effective upon posting of the latest modified AUP at ControlVM’s webpage. By registering for and using the Services, and thereby accepting the terms of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as ControlVM deems appropriate.

IMPORTANT NOTE – ControlVM has the right to suspend, cancel or discontinue any client’s access to any portion or all of ControlVM’s services, or deny access to anyone who violates our policies as shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below. This document divided to the following sections:

1) General information

2) Electronic Mail & News Group

3) System & Network Performance

4) Other Unacceptable Content and Illegal Activities

5) Security

1) General Information

You are agree to provide ControlVM accurate, complete and latest information required by the subscription/ordering of the ControlVM’s services not limited to your legal name, address, and telephone number(s). Failure to comply fully with this terms and conditions may result in immediate suspension or termination of your services. Third-Party software available via the ControlVM may be governed by individual software end user licenses. By using the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software. Your use of the ControlVM’s services are subject to all applicable local, state, national, and international laws and regulations, without limiting the other rights available to ControlVM. ControlVM reserves the rights but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your accounts if you violate any such laws or regulations. ControlVM server admin or staffs have the right to manage the servers by adding, removing server functions, software and hardware components without customers’ (clients) consent. Your server or website content will remain under your account / domain; your account / domain will not be made available to any other entity unless you specifically request it. You have the right to retain files that you seek to hold on your website as long as they do not violate our terms and conditions.

2) Electronic Mail & News Group

Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, chain letter, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”). Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in immediate account termination. ControlVM takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in immediate account termination. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages. Provide or distribute of spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or immediate account termination.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site (spamvertising) hosted by or through ControlVM, then the provisions of the above Policy shall apply as if the spam were sent through our servers.

We do not allow clients to send more than 50 pieces of e-mail per hour from a shared & reseller hosting account. If you do send more than 50 pieces of e-mail per hour, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 1200 per day please contact [email protected] to make alternative arrangements for your email account. We consider spam any email that is sent to more than 30 people at a time that did not ask for it to be sent to them.

Depending on the severity of your spamming, ControlVM reserves the right to charge you between USD10.00 – USD1000.00 per spam sent through our network OR a flat fee of USD100.00 (Fee charged at the discretion of ControlVM). Your web site content will also be confiscated and permanently remove without return to you.

3) System & Network Performance

Generally ControlVM has the right to suspend, terminate accounts or permanently remove files that will cause high server load process. High server load process means data were processed consuming high CPU usage causing server to be slow and causing service downtime to the server. ControlVM reserves the rights to move your site to a different server, to reduce the load on the server you are currently hosted. Systems abuse including but not limited to use of excessive CPU resources, hacking our systems, installing continuously running programs, such as IRC bots, reselling CGI scripts and running cron jobs for less than 5 minutes.

Shared or Reseller Hosting

Shared or reseller hosting accounts, as the name implies there are several hosting accounts per server and sharing resources on the same server. Excessive use or “abuse” of these resources by one customer has a negative impact on all other customers. Shared hosting resources include but are not limited to: network, CPU usage, memory, disk space and any process, concurrent processes, number of concurrent port or database connections, or service usage that affects normal server operation, resources or connectivity, and which causes a server to become overloaded.

The user may not use but not limits to the following activities:

1) 20% or more of system resources for longer then 90 seconds

2) Run IRCD or standalone server side unattended processes

3) Any processes related to or that interface with IRC programs and or networks

4) Run cron jobs that in intervals of less than 5 minutes

5) Run webpage game, torrent related sites or trackers

6) Run any kind of web indexer or web spider and repeatedly create / delete large file(s) on a regular basis

Depending on the severity of resources abuse, ControlVM reserves the right to disabling of the offending scripts, disabling of the specific service, suspend of the entire account or account termination. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning. Your shared and reseller hosting account will not exceed the bandwidth, as our system is designed to put your account on hold until you have made arrangements to purchase additional bandwidth for that month, each are reset at the beginning of each month.

4) Other Unacceptable Content and Illegal Activities

Unacceptable content include, but are not limited to copyrighted media, without authority to distribute or display Unlicensed applications/software, cracking programs or key generators, child pornography or kidnapping material, fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation, terrorist propaganda, racist material, or bomb/weapon instructions, virus/Virii, Spyware, Malware, or other infectious material and material protected by trade secret or other statute.

ControlVM do not own, monitor, and review individual files (data including database, applications, web and e-mail) that are uploaded and serve to the public. Therefore, we DO NOT take any responsibility and are not liable for any illegal Internet activities hosted on our server that is causing damage and losses. Illegal Internet activities include but limited to spamming, phishing or any other forms of illegal activities were not accepted by local, state, national, and international laws and regulations. ControlVM has the right to suspend or terminate accounts or files that are illegal to be hosted on our server. Illegal files includes Pornography materials (movies, pictures, wallpapers, sound clips), Gambling or Betting materials (scripts or any data), copyrighted Music and Video files (MP3, MTV, Flash, etc.). Links to unacceptable content, as defined above, are also prohibited.

Any form of illegal activities are not allowed on ControlVM’s network / servers, this including but not limited to storing, distributing copyrighted software, video, music and other copyrighted materials illegally, warez sites, violations of copyrights & trademarks, violations of local, state, national, and international laws and regulations, selling and/or distributing illegal contraband, Proxy Scripts and or websites / Anonymizers, IRC Bots, image hosting only sites without a domain name, Escrow Sites, High-Yield Interest Programs(HYIP) or related sites, Investment sites (egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites and or archives programs, publish any material that violates local, state, national, and international laws and regulations; has obscene or pornographic material, threatens the Internet community, encourages criminal mischief, or material that could give rise to civil liability.

ControlVM has a ZERO-TOLERANCE policy for wares, hacks, crackz, child pornography and pornography. If you are found uploading these types of content to our server YOU will be held full responsible, not ControlVM. ControlVM reserves the right to charge you USD1000.00 per hour for us to clean the system.

Illegal material or material that against public policy, material that may be detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, etc., or anything else that may be considered detrimental or illegal.) ControlVM will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to terminate an account at any time for any reason without refund.

We NOT allow IRC, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Most of the content available on the Internet is protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their licensers who make such content available on the Internet. You are responsible if you publishing to the Internet or posting on your site copyright or other material of any kind which is subject to rights of any person or entity without the express permission of the right’s holder is prohibited and will result in termination of your account and possible civil and /or criminal liability.

ControlVM reserves the right to request you remove any material which we deems offensive, hurtful, or otherwise objectionable. Failure to do so may result in suspension or termination of services.

5) Security

Customers may not use the ControlVM network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, ControlVM will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ControlVM or any of its other customers.

You are responsible for the security of any of your customer’s credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

You are responsible to your own credential and password, and you should change your password periodically to ensure highest security.