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TERMS OF USE

Upon signing up for OneBytes services, all customers agree to comply with OneBytes Terms of Use. The spirit of this policy is to ensure our customers are using OneBytes services with due regard to the rights of other Internet users and in conformity with the requirements of OneBytes 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 OneBytes of an infringement of your copyright, the DMCA requires that you:

  • Send your notification to OneBytes designated agent. You may choose any of the following three avenues for this notification:
    • Email to abuse(@)onebytes.com.my
    • Fax to OneBytes, 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 OneBytes 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 OneBytes 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
OneBytes 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
OneBytes 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. OneBytes 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 OneBytes 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. OneBytes 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 OneBytes server or using an email address that is maintained on a OneBytes machine is STRICTLY prohibited. OneBytes 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 OneBytes 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 OneBytes
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. OneBytes will be the sole arbiter as to what constitutes a violation of the Terms of Use. OneBytes reserves the right to remove any account without prior notice.

When OneBytes becomes aware of an alleged violation of its Terms of Use, OneBytes will initiate an investigation. During the investigation, OneBytes may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, OneBytes 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, OneBytes will notify the appropriate law enforcement authorities of such violation.

OneBytes does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

OneBytes customers agree to indemnify and hold harmless OneBytes from any claims resulting from the use of our services that damages them or any other party. The OneBytes 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. OneBytes expressly disclaims any representation or warranty that the OneBytes service will be error-free, secure or uninterrupted. No oral advice or written information given by OneBytes, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. OneBytes 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
OneBytes reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

 

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