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Acceptance of Use

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This document is to clarify the the rights and responsibilities as a customers/user of all Merc Studio Dot Com's Services. This policy applies to all users of Merc Studio Dot Com networks and services including without limitation customers and their employees, agents, contractors and/or other end-users ("Users"). All Users are required to comply with this AUP and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to any services offered by Merc Studio Dot Com from time to time.

UPDATES

Merc Studio Dot Com reserves the right to modify this AUP from time to time, without notice, in order to better meet the needs of the changing Internet environment, the legal landscape of Malaysia, and Users' needs. Such modifications shall be effective immediately upon posting of the modified AUP on any website owned or controlled by Merc Studio Dot Com.

Users are encouraged to review this AUP periodically to be aware of the changes or new information. Users' continued access or use of Merc Studio Dot Com networks and services shall be deemed acceptance of the modified AUP.

DEFINITIONS

"Unsolicited Bulk E-Mail (UBE)" is defined as any message transmitted via e-mail or any other communications medium that fits CRITERIA (i) and (ii) below.

"Unsolicited Commercial E-Mail (UCE)" is defined as any messages transmitted via e-mail or any other communications medium which fits CRITERIA (i), (ii), and (iii) below.

(i). Message is "Unsolicited", if:-
  • Recipient has never established any prior personal or business relationship with the sender of the message; or/and
  • Recipient has never expressly and verifiably invited or granted prior permission to the sender for sending any such messages to the recipient; or/and
  • Recipient had earlier explicitly requested the sender NOT TO send any messages of such nature (or any messages whatsoever) to the recipient.

(ii). Message is sent in "Bulk",
  • if message is duplicated (or copied with slight modifications, without affecting the intended effect of the message) and sent indiscriminately to more than a reasonable number of recipients.
  • Message is commercial in nature, including but not limited to advertising, sales, auctions, etc.

(iii). "Spam" - defined as any message resembling UBE or UCE, from ANY source and to ANY destination, including but not limited to Merc Studio Dot Com networks."Spammer(s)" is hereby defined as any party that transmits Spam.

(iii). "Malware" is hereby defined as any form of software developed for the purpose of doing harm. Malware includes, but not necessarily limited to, the following classes:-

  • Computer Virus: a piece of program code that, like a biological virus, makes copies of itself and spreads by attaching itself to a host, often damaging the host in the process. The host is another computer program, often a computer operating system, which then infects the applications that are transferred to other computers.
  • Computer Worm: a self-replicating computer program, similar to a computer virus. A virus attaches itself to, and becomes part of, another executable program; a worm is self-contained and does not need to be part of another program to propagate itself.
  • Trojan Horse: a malicious computer program which pretends to have some innocent purpose but, when run, has an entirely different effect - one which the programmer (or the packager, distributor, or advertiser) intended and the user didn't expect. A Trojan horse differs from a virus in that it is a stand-alone program; the Trojan does not attach to another program. It differs from a worm in that it does not move from one computer to another on its own. A person must transfer it intentionally, such as by email or by posting it to a download area.
  • Backdoor: a method of bypassing normal authentication or obtaining remote access to a computer, while intended to remain hidden to casual inspection. The backdoor may take the form of an installed program (e.g., Back Orifice) or could be a modification to a legitimate program. A backdoor in a login system could take the form of a hard-coded user and password combination which gives access to the system.
  • Spyware: computer software that gathers information about a computer user without the user's knowledge or informed consent, and then transmits this information to an organisation that expects to be able to profit from it in some way. Data-collecting programs installed with the user's knowledge are not, properly speaking, spyware, if the user fully understands what data is being collected and with whom it is being shared.

RESPONSIBILITIES

  • Each User is responsible for complying with this AUP, and for providing assistance to Merc Studio Dot Com in investigating and resolving any issue pertaining to the non-compliance of the AUP when requested by Merc Studio Dot Com from time to time.
  • Additionally, Users, at their sole discretion, are required to determine the conditions of, and comply with, the AUP or equivalent documents thereof of all other network(s) in which their data transits.
  • Each User will be held responsible for the actions of any third party acting on its behalf or for its benefit and such User shall be held directly accountable for any violations of this AUP by such third party.
  • Merc Studio Dot Com does not control the content of data traversing Merc Studio Dot Com networks and/or services. Therefore, Merc Studio Dot Com assumes no responsibility for the content of such data or communication that may be transmitted over Merc Studio Dot Com networks and/or services, unless otherwise expressly informed by Merc Studio Dot Com to Users.

DATA BACKUP

  • Merc Studio Dot Com will perform daily backup on all shared hosting accounts, and will keep for the last 3 backups. And these backup is mainly for our Internal use. All customer that request for data restore from our backup system will be charged for RM 100 on every restore.
  • Our System backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups
  • Shared Hosting accounts that exceeding 10 Gigabytes in Total storage space will automatically be removed from our backup system

OBLIGATIONS

SECURITY

  • Users shall ascertain that all systems which they connect to Merc Studio Dot Com networks shall be configured in accordance with industry standards, applicable laws and regulations, and "Request For Comments" standards documents which are published from time to time by the Internet Engineering Task Force (http://www.ietf.org/rfc.html).
  • Users shall not configure any systems connecting to Merc Studio Dot Com networks in any way which obscures system-identity information.
  • Should a User's system be breached and/or exploited by unauthorized persons, the User is responsible for reporting the violation (where applicable) to Merc Studio Dot Com, and fixing such breached and/or exploited system.
  • For example, should the security of User mail server be compromised to distribute unsolicited emails, the User is responsible to immediately re-configure the system to prevent further unauthorized use.
  • Users shall be responsible to install anti-virus and/or firewall software on every system which they use to connect to Merc Studio Dot Com networks to prevent any "unintentional attacks", such as infection and subsequent propagation of computer viruses, Trojan horses, or worms.

 


REPORTINGS

  • Users are responsible to immediately report to Merc Studio Dot Com any issue that could compromise the stability, service or security of any user or system connected to Merc Studio Dot Com networks.
  • Resellers of Merc Studio Dot Com services are responsible to inform their customers of the obligations contained in this AUP and enforce such obligations on their customers.
  • Breach or non-compliance of this AUP by a customer and/or end-user of a reseller and/or downstream service provider, shall be considered a violation of this AUP by the reseller and/or downstream service providers.

 


PROHIBITED USES
These lists are not meant to be exhaustive, but merely illustrative of examples of inappropriate and improper conduct, which are prohibited on Merc Studio Dot Com networks services.

  • Merc Studio Dot Com networks and services may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:
    • Is copied from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
    • Misappropriates or infringes the patents, copyrights, trademarks, trade secrets, or other intellectual property rights of any third party;
    • Is used for trafficking illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
    • Constitutes use or dissemination of pornography;
    • Violates any party's confidentiality rights;
    • Violates any applicable law;
    • Subject Merc Studio Dot Com to unfavorable regulatory action, subject Merc Studio Dot Com to any liability for any reason, or adversely affect Merc Studio Dot Com's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Merc Studio Dot Com in its sole discretion.

 


ABUSE
Merc Studio Dot Com networks and services may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:

  • Is copied from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  • Misappropriates or infringes the patents, copyrights, trademarks, trade secrets, or other intellectual property rights of any third party;
  • Is used for trafficking illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
  • Constitutes use or dissemination of pornography;
  • Violates any party's confidentiality rights;
  • Violates any applicable law;
  • Subject Merc Studio Dot Com to unfavorable regulatory action, subject Merc Studio Dot Com to any liability for any reason, or adversely affect Merc Studio Dot Com's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Merc Studio Dot Com in its sole discretion.
  • Abuse means any conduct which is inconsistent with the generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). Merc Studio Dot Com reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.
  • List of abusive activities below are not meant to be exhaustive, but rather to convey the idea of what constitutes as 'abusive', and should apply to other Internet activities (Internet Relay Chat (IRC), bulletin boards, etc).
  • Running peer to peer file sharing application such as:
    • RapidShare
    • RapidLeech

 


Network Abuse
The following are strictly prohibited:-

  • Cause denial of service (DoS) attacks against Merc Studio Dot Com or other network hosts or Internet users or to otherwise degrade or impair the operation of Merc Studio Dot Com's servers and facilities or the servers and facilities of other network hosts or Internet users, whether intentionally or through neglect;
  • Injecting, intentionally or negligently, false or unauthorized network control data into Merc Studio Dot Com networks, for instance in the form of incorrect routing or domain name system (DNS) information;
  • Subvert or attempt to subvert, or assist others in such actions, against the security or integrity of any Merc Studio Dot Com or any other systems, facilities or equipment;
  • Gain or attempt to gain unauthorized access to the computer networks, systems or devises of Merc Studio Dot Com or any other person;
  • Conduct unauthorized port scans or other invasive procedures against any system;
  • Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of Merc Studio Dot Com or any other services;
  • Distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or "Spam" (this includes any kind of hosting (web, DNS, FTP, etc) for spammers);
  • Solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or "Spam";
  • Provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;

 


System Resource Abuse
Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Merc Studio Dot Com is the sole determinant of what consititues degraded server performance.

  • More than 100,000 inodes / files under a shared hosting account.
  • Running the hosting account as a proxy server
  • Storing files that has no direct link from the website, such as using the shared hosting account as an online storage or backup.

 


E-Mail Abuse
Merc Studio Dot Com has zero tolerance for "Spam", whether originating from Users, from Users' customers, or from Users that provide services which are used to support "Spam". Users and their customers or any downstream providers, are prohibited from:-

  • Sending and/or allowing their connection to Merc Studio Dot Com to be used for sending "Spam".
  • Operating "Support services" (intentionally or not) for Spammers. This includes, but not limited to, hosting websites, DNS records, FTP services, e-mail, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services.
  • Promoting products or services through "Spam" or Spammers.
  • Having third parties send out commercial emails on any User's behalf.
  • Using Merc Studio Dot Com facilities to receive replies from unsolicited emails (commonly referred to as "drop-box" accounts);
  • Configuring any email server in such a way that it will accept third party emails for forwarding (commonly known as an "open mail relay").

 


Usenet (Netnews / Newsgroups) Abuse
Without limitation of the foregoing, Users are strictly prohibited to engage in any of the following activities:

  • Making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup;
  • Posting binary files to newsgroups whose charter or name does not include allowances for such files;
  • Canceling newsgroup postings other than your own, or using auto-responders or cancel-bots (except in cases of official newsgroup moderators performing their duties);
  • "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting" (EMP), or "Usenet spam": Merc Studio Dot Com retains the exclusive right to define these and other terms, however, Merc Studio Dot Com generally refers to the definitions found at http://www.cybernothing.org/faqs/net-abuse-faq.html;
  • Disrupting newsgroups with materials, postings, or activities that are (as determined by Merc Studio Dot Com in its sole discretion), excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter;
  • Performing any unauthorized creation, cancellation, or removal of newsgroups;

 


False Identity, and Invasion of Privacy and Protection
Without limitation, Users are strictly prohibited from:-

  • Publishing or disseminating information that publicizes the personal information of a person without consent thus violating such person's privacy rights.
  • Threatening any persons with bodily harm, making harassing or abusive statements or messages, or soliciting the performance of acts or services that are illegal under applicable law.
  • Forging the signature or other identifying mark or code of any other person;
  • Impersonating or assuming the identity or any other person;
  • Engaging in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
  • Falsifying identity or contact information in legitimate registration bodies (e.g. Merc Studio Dot Com, MyNIC, APNIC, or other parties).

 


World Wide Web
Merc Studio Dot Com, without limitations, strictly prohibits Users from engaging in any of the following web-related activities:

  • Exploit or attempt to exploit any scripts presented on any web pages (e.g. forms for answering questions or for entering data).
  • Excessive use of bandwidth by utilizing programs, scripts, or commands to abuse a web site (for example, by connecting for an excessive amount of time, repeatedly engaging site-local scripts or related behaviors).
  • "Walking" a database for the purpose of collecting data contained within.
  • Configuring a web page to act maliciously against other users visiting the web page.

 


GUIDELINES OF USE

Users are responsible for to ensure that they, their customers, and their respective agents and contractors abide by this AUP. Users will be held responsible for all traffic either sent via their connection to Merc Studio Dot Com or sent elsewhere using support services provided via their connection to Merc Studio Dot Com. To this end, they are required to comply with the following standards:-

E-Mail
  • Mass or commercial emails may be sent only to recipients who have expressly requested receipt of such e-mails.
  • The sender of any solicited bulk e-mail shall, upon the request of a recipient, immediately remove such recipient from all applicable mailing lists and refrain from further transmissions of e-mail to the recipient.

Usenet (also known as Netnews or Newsgroups)
  • Merc Studio Dot Com recommends that Users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroups.
  • Users of Merc Studio Dot Com networks are advised to adhere to all Usenet guidelines and restrictions therein incorporated.
  • The legitimacy of a given post or cancellation of such post thereof is generally determined by the official newsgroup or mailing-list moderator, therefore, Merc Studio Dot Com usually refers to their judgment on these issues. Merc Studio Dot Com however retains the exclusive right to make these determinations at its own discretion.

Resellers and Downstream Providers
For Users running/planning to run their own Internet services to customers or downstream providers, the following guidelines shall be adhered to:-
  • Provide Merc Studio Dot Com with contact information (valid and up-to-date e-mail address(es), telephone number(s) , pager numbers, etc) for Merc Studio Dot Com to notify Users regarding the AUP compliance.
  • Maintain a mailbox and read mail to postmaster@customer's domain name).
  • If an organisation has roaming users who wish to use a common mail server, proxy/SOCKS server, shell, or any other service, the server must be configured to require some form of user identification and authorization.
  • Educate the User customers about AUP to ensure compliance with the same.
  • Promptly investigate and satisfactorily deal with any violations of the AUP.
  • If hosting websites, it is recommended to use a minimum of one IP address per User customer so that Merc Studio Dot Com has the ability to block only that customer's IP address that is involved in any violation(s) of the AUP.

VIOLATIONS

Disclaimer
Merc Studio Dot Com expressly disclaims any obligation to monitor its Users with respect to violations of this AUP. Merc Studio Dot Com has no liability or responsibility for the actions of any of its Users including but not limited to the content any User may post on any website.

Reporting Violations
Merc Studio Dot Com encourages Users to report violations of this AUP by e-mail to abuse@Merc Studio Dot Com.com, specifying the type of abuse (for example, "Spam", illegal acts, harassment, etc.) in the "subject" field of the e-mail.

Applicable information that will assist Merc Studio Dot Com in investigating the violations are as listed below:-
  • The IP address used to commit the violation.
  • The date on which the violation committed.
  • The time at which the violation was committed.
  • The time zone relevant to (2) and (3) above.
  • Evidence of the violation

Remedial Actions.

Each User and/or its customers shall be responsible for all violations passing through their connection to Merc Studio Dot Com.

If Merc Studio Dot Com discovers a violation of this AUP (such as via a complaint), Merc Studio Dot Com will contact the applicable User for a response and complete resolution. At Merc Studio Dot Com's sole discretion, any number of the following actions will be taken, in accordance with the severity and duration of the violation:-

  • Issuance of warnings and/or advisories if necessary, to the User, for the User's remedial action or explanation.
  • After four (4) hours from the issuance of said warning or advisories, Merc Studio Dot Com may block traffic to and from the IP address(es) / Domains involved in the violation if there are no responses indicating complete resolution from the User, until Merc Studio Dot Com is convinced that the violation is resolved and preventative measures have been implemented to prevent the violation from recurring.
  • Users whose connections to Merc Studio Dot Com are used to provide services to support "Spam" are subject to suspension of services upon two (2) hours notification.
  • If the violation is severe, OR if Merc Studio Dot Com learns of issues indicating that a previous violation has not been resolved, Merc Studio Dot Com may block traffic to and from the IP address (es) assigned to the User involved in the violation instantly upon discovery of such violation without notice, until Merc Studio Dot Com is convinced that the violation is resolved.
  • v. After three (3) days from the issuance of said warning or advisories and if there are no responses indicating complete resolution by the User, OR if Merc Studio Dot Com learns of issues indicating recurring similar violations from the same User, Merc Studio Dot Com may terminate the service or any other services associated with the offending User. Merc Studio Dot Com may also blacklist the offending User, effectively disallowing future subscriptions to any Merc Studio Dot Com services.
  • Removing the any offensive content from User's websites;
  • Taking other action in accordance with this AUP, the applicable service contract or applicable law as may be necessary;
  • Notifying the legal authorities of the violations.

Reservation of Rights.

Cooperation with Authorities
Merc Studio Dot Com reserves the absolute right to cooperate with the relevant authorities in investigations of claims of illegal activities involving Merc Studio Dot Com's services and Users. Merc Studio Dot Com reserves all rights to respond to violations of this AUP to the extent allowed by any applicable law and in accordance with any applicable contractual obligations.

Monitoring and Privacy
Merc Studio Dot Com may utilize technical means to monitor communications into, and out of, its network facilities to prevent, without limitations, the introduction of viruses or other hostile code, intrusions. Each User agrees that Merc Studio Dot Com is authorized to monitor its communications through Merc Studio Dot Com's network for such purposes.

Rationale for Strict Enforcement
Unlike traditional carriers and physical operation services (post office, business areas, etc) abusers of Merc Studio Dot Com networks and services can, given the nature of the Internet, cause enormous damage to the targets of their abuses, as well as the ISPs involved in carrying the offending data, at little or no cost to themselves.

Damage caused include ISP bandwidth being used to deliver the offensive data, additional IP infrastructure needed to handle such data, and time and money wasted in filtering out, deleting such data, or recovering (if possible at all) from any damage incurred.

Merc Studio Dot Com believes that users of the Internet should not be forced to incur such unnecessary expenses without their consent. As a result, Merc Studio Dot Com believes that the elimination of violations, especially widespread "Spam" and viruses, will result in a better and less expensive Internet experience for all Internet users and will allow Merc Studio Dot Com to provide better and more efficient service to its Users.

Last Updated: Oct 16 2010
   
   
   

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