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Acceptable Usage Policy (AUP)

Date Created: 6 Sep, 2007   (10 year(s) ago) Viewed: 28950 Rating: 

Overview

Welcome to Focus Network Company (www.ec2biz.com) (Website), This website is owned and operated by "Focus Network Company".

This Acceptable Usage Policy(AUP) governs the use of "Focus Network Company" Shared Web Hosting, E-Store service, Virtual Private Server, Dedicated Server, and other Internet services provided from Focus Network Company. Violation of this AUP may result in suspension or termination of your account. In the event of a dispute between you and our regarding the interpretation of this AUP, Focus Network Company interpretation, The validity, construction and performance of this AUP shall be governed by the law of Hong Kong Special Administrative Region.

UNLAWFUL CONTENT
You may not publish or transmit via Focus Network Company's service any content that Focus Network Company reasonably believes:

  • is obscene, pornographic or indecent;
  • constitutes child pornography;
  • is defamatory, abusive or violates a person's privacy;
  • is excessively threatens violence, incites violence, violent, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • violates export control laws, promotes illegal drugs, relates to any gambling;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • clearly infringes on another person's trade or patent, service mark, or other property right;
  • improperly exposes trade secrets or proprietary information or other confidential to another person;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Focus Network Company; or
  • is otherwise malicious, fraudulent, or may result in retaliation against Focus Network Company by offended viewers.

Content "published or transmitted" via Focus Network Company'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 Focus Network Company.

SYSTEM RESOURCES
You agree to not use excessive amounts of resources. any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.

Each domain on shared hosting accounts (including E-Store) may not use more than 5% CPU daily, 3% memory daily, run more than 10 simultaneous processes per user, not allow any process to run for longer than 30 seconds CPU time, run any process that consumes more than 20% of available CPU at any time, or run any process that consumes more than 16 MB of memory. Databases are limited to 16 max user connections with a max query time of 8 seconds. Cron jobs must not execute more than once every 15 minutes and will be niced to 15 or greater.

The following content types are NOT allowed on our shared web hosting packages including but not limited to:

  • More than one forum per domain;
  • Chat Room;
  • CGI Forum;
  • UBB, EBS or KwongWu (江湖) Script;
  • Ranking Script;
  • Mulituser Service (e.g. XSpace, Mulituser Blog, Mulituser Guestbook);
  • Audio, Video, Files or Software downloading websites;
  • Images downloading websites;
  • Free hosting or e-mail providers;
  • Any Customer Script that is known or found influenceable to the stability of our server.

BANDWIDTH POLICY
Our bandwidth policy was developed to ensure that every customer gets his fair share of the total bandwidth available. Consequently, we take into account that no customer could cause slow connectivity for others.

All hosting accounts are allotted a certain amount of bandwidth per month (traffic). Please check your traffic allowance and usage. You should only need to check this if you know of or suspect a very large surge in traffic. You can track your usage in your control panel at web stats.

You will be charged HKD$10 for each gigabyte of outgoing/incoming data transfer that exceeds your monthly traffic allowance. Please see our Hosting Plans for the monthly allotted traffic amounts.

Data transfer hosting/upgrades will be effective from your next regular billing date.

To ensure proper bandwidth use, all files MUST be hyperlinked to files (.html, .jpg, .gif, etc.) stored on our server and vice versa. any scripts including CGI, CFM, PHP, ASP, JSP that consume large amounts of CPU usage or memory are also not allowed. any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. CGI chat scripts are also not allowed and are considered and abuse bandwidth. any above scripts that consume large amounts of CPU usage or memory are also not allowed. any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.

INTERNET RELAY CHAT (IRC)
Use of Internet Relay Chat on any of our shared or dedicated servers is explicitly forbidden. This includes, but is not limited to, running any clients, redirection services (proxys), bots or servers, of any kind. this are not allowed on our standard shared and/or dedicated servers.

PROXIES
Proxy websites/scripts/programs, in any form, are not allowed on our shared servers. Very often, the software is simply not efficient in any manor, and causes service issues for any other websites on the server.

SECURITY
You must take reasonable security precautions. You must protect the confidentiality of your password and it is the clients responsibility to always upgrade and secure any software used by the client to publish their website content.

BULK COMMERCIAL E-MAIL
You must obtain Focus Network Company's advance approval for any bulk commercial E-Mail, which will not be given unless you are able to demonstrate all of the following to Focus Network Company's reasonable satisfaction:

  • Your intended recipients have given their consent to receive E-Mail via some affirmative means, such as an opt-in procedure;
  • Your 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;
  • The body of the E-Mail must describe how the E-Mail address was obtained, for example, "You 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 evidence of the consent, for example, "If you would like to learn more about how we received your E-Mail address please contact us at abuse@your-domain.com" where "your-domain.com" is a valid domain hosted by Focus Network Company.
  • You must post an (such as abuse@your-domain.com) E-Mail address on the first page of any Web site associated with the E-Mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You may not obscure the source of your E-Mail in any manner. Your 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
  • You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Focus Network Company service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Focus Network Company service. In addition, you may not use any third party E-Mail service that does not practice similar procedures for all its customers.

Focus Network Company may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

UNSOLICITED E-MAIL / SPAM
You 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.

You must comply with the rules of any other network you access or participate in using your Focus Network Company's services.

SPAM-ZERO TOLERANCE POLICY
If an Focus Network Company account is reported or caught violating these terms of service it will be immediately terminated. The customer will not be issued a refund, and will not be given access to any data in the terminated account.

MATERIAL PROTECTED BY COPYRIGHT
You may not publish, distribute, or otherwise copy in any manner any music, video, software, graphic, art, or other work protected, including but not limited to Hacker programs or archives, Warez sites, illicit music, MPEGs, MP3s, ROMs, and ROM emulators by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established international copyright law to copy the work in that manner.

Focus Network Company will terminate the service of repeat copyright infringers, The customer will not be issued a refund.

COPYRIGHT INFRINGEMENT NOTICE (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the www.ec2biz.com network, please send your written notice of copyright infringement to:

Focus Network Company


Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to be infringing 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 Focus Network Company to locate the material;
  • 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, a representative list of such works at that site;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
  • Information reasonably sufficient to permit Focus Network Company to contact you, such as an address, telephone, mobile phone, and, if available, an E-Mail address;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


INTERNET ABUSE
You may not engage in illegal, abusive, or irresponsible behavior, including, but not limited to:

  • Use of Focus Network Company network in a way that significantly interferes with Focus Network Company other customers use of the network, including, but not limited to game server, download site, MP3, etc.
  • 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 Focus Network Company and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the 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;
  • Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people 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 that is likely to result in retaliation against the Focus Network Company network.
  • Use of Focus Network Company network in a way that unreasonably interferes with Focus Network Company other customers use of the network.

SUPPORT
Focus Network Company provides ONLY basic technical support on the BASIC functions and features listed below that are included in our web hosting and E-Store plans. Focus Network Company will provide basic technical support on the following issues/subjects ONLY:

  • Site Access - site resolving, html pages working, etc.
  • E-Mail - BASIC E-MAIL sending and receiving.

The ONLINE CONTROL PANEL is a LICENSED SOFTWARE PRODUCT that we have NO DIRECT CONTROL over. Thus, we provide no warranty or guarantee on the ONLINE CONTROL PANEL. We provide no warranty or guarantee to MODIFY, EDIT, CHANGE, UPGRADE, DISABLE, FIX, or even keep updated the ONLINE CONTROL PANEL. Focus Network Company will provide basic technical support on the following ONLINE CONTROL PANEL issues/subjects ONLY:

  • Mail - Web Mail
  • Mail - Add/Remove Accounts
  • Mail - Default Address
  • ANY FUNCTIONS NOT LISTED HERE THAT INVOLVE THE CONTROL PANEL, WE DO NOT PROVIDE SUPPORT FOR OR HAVE DIRECT CONTROL OVER

ADDITIONALLY, the Documentation located INSIDE the ONLINE CONTROL PANEL may be OUTDATED or INACCURATE. Focus Network Company assumes no RESPONSIBILITY for OUTDATED or INACCURATE information contained therein.

Focus Network Company will NOT provide free technical support OF ANY KIND on the following issues/subjects:

  • 3rd Party Parked Domains
  • 3rd Party Sub-Domains
  • 3rd Party FTP Logins
  • 3rd Party Services
  • 3rd Party Software
  • 3rd Party Products
  • 3rd Party Scripts
  • 3rd Party Mailing Lists
  • 3rd Party coding of ANY kind, including html, php, mysql, perl, asp, etc.
  • Business Adviser or Management
  • 3rd Party pre-installed scripts on our servers including but not limited to:
    • Chat
    • Counter
    • Guestbook
    • Shopping Cart
    • SpamAssassin
    • BBS / Bulletin Board / Forum
    • Search Engine
    • Banner Rotator
    • Image and Graphic
  • MIVA
  • Tomcat
  • ColdFusion
  • ASP.NET
  • Site Statistics, etc.

For a Programming and Debugging Fees as noted in your contract with a ONE HOUR MINIMUM, we can provide TECHNICAL SUPPORT above and beyond our NORMAL support for things such as scripting, installation, etc. ALL Programming and Debugging Fees are paid in advance, and are NON-REFUNDABLE.

Service Fees
  • All domain registrations fees are NON-REFUNDABLE.
  • All prepayment fees are NON-REFUNDABLE.
  • The only exception to this policy is the shared hosting 14 day money back guarantee.


OTHER
You must have valid and current information on file with your domain name registrar for any domain hosted on the www.ec2biz.com network.

You agree that when communicating with our staff, all communication will be void of profanity and/or abusive demeanor.

DISCLAIMER
Focus Network Company will not be responsible for any damages customers or their enterprises may suffer. Focus Network Company makes no warranties of any kind, expressed or implied for services we provide. Focus Network Company disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by Focus Network Company and its employees. Focus Network Company reserves the right to revise its policies at any time.

LIMITATION OF LIABILITY
In no event shall Focus Network Company be liable to customer for any damages resulting from, or related to, any failure or delay of Focus Network Company in providing access to the internet under this agreement. Focus Network Company makes no warranties of any kind, expressed or implied for services we provide. Focus Network Company disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall Focus Network Company be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if Focus Network Company has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in Focus Network Company services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. Focus Network Company liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to Focus Network Company hereunder. Focus Network Company will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by Focus Network Company and its employees by its own negligence or customers errors or omissions. Focus Network Company reserves the right to revise its policies at any time.

CONTACT US
If you have any questions or concerns regarding this statement, you can contact www.ec2biz.com at . You can also write to us using the following address:

*** The above information is for reference only, Please seek independent technical advice if found necessary.
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