| sgDomain Networks Pte Ltd aims to provide businesses
with the highest quality of hosting service, at the most competitive
prices. The large number of clients we serve also makes it
necessary for us to create such AUPs to ensure that all customers
can enjoy the highest level of service quality possible.
The following policies apply to all domains residing
on sgDomain Networks Pte Ltd servers. These include regular
hosting clients, resellers, and their clients.
By submitting your online order and subscribing to sgDomain
Networks Pte Ltd's Web hosting and Internet-related services,
you acknowledge that you have fully read and understood the
terms and conditions stated in this agreement, and you agree
to be bounded by these same terms and conditions. In this
Agreement, "sgDomain", "we" or "our" refers to sgDomain Networks
Pte Ltd, "client", "you", or "your" refers to the individual
or company that makes use of service(s) provided by sgDomain
Networks Pte Ltd.
1. UNACCEPTABLE ACTIVITIES:
These include spamming (sending unsolicited advertising
to those with which the customer has no existing business
relationship, posting off-topic advertising in newsgroups);
spoofing (using a return email address which is not the valid
reply address of the sender or sending an email message which
does not contain enough information to enable the recipient
to identify the party who is really sending the message; passive
spamming (promoting a web site hosted by sgDomain by spamming
from some other source), trolling (posting controversial messages
in newsgroups to generate responses), mailbombing (inundating
a user with email without any serious intent to correspond),
generating a higher volume of outgoing mail than a normal
user (20% or more of available system resources), and subscribing
someone else to an electronic mailing list without that person's
permission. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or sent to a recipient
who has not requested the message. Making an email address
available to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also prohibited.
All recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distributed unsolicited email.
Any customer repeatedly "mailbombed" or that attracts such
behavior will be asked to leave. If you are not sure if your
actions will be in violation, please ask first abuse@sgdomain.com . sgDomain
does not allow sites selling spamware.
2. Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include
posting private information about a person without their consent,
infringing intellectual property rights, defaming a person
or business, and knowingly making available code which will
have a deleterious effect on third party computers. sgDomain
supports free speech on the Internet, and will not suspend
or cancel a customer’s account simply because it disagrees
with the views expressed by the customer. Where there are
allegations that a customer’s on-line activity has violated
the legal rights of a third party, sgDomain will not substitute
itself for a court of law in deciding tort claims raised by
the third party.
3. Abuse of the law:
sgDomain’s services may be used for lawful purposes only and
all activities must adhere to all applicable laws of The Republic
of Singapore. Unlawful purposes include but are not limited
to: drug dealing; attempting to access a computer system without
authorization; pirating (distributing copyrighted material
in violation of copyright law, specifically MP3s, MPEG's,
ROMs, and ROM emulators); gambling; schemes to defraud; trafficking
in obscene material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent with intent
to annoy, abuse, threaten, or harass another person; threatening
bodily harm or damage to individuals or groups. Linking to
illegal material is also prohibited. sgDomain reserves the
right to check system files, email, and other data on our
servers for illegal content and materials, or for any other
reasons deemed necessary.
4. Pornography:
Pornography and sex-related merchandising, or links to such
material, is strictly prohibited.
5. Abuse of sgDomain's Server Resources:
Running programs in the background on a sgDomain’s server
without sgDomain’s prior written authorization is unacceptable
usage of sgDomain’s servers. Further, any usage of twenty
percent (20%) or more of our system resources is an undue
burden on our system and is unacceptable. If your usage ever
exceeds twenty percent (20%) of system resources, you will
be contacted and asked to eliminate the problem.
6. Hacking/Cracking:
sgDomain reserves the right to report illegal activities to
any and all regulatory, administrative, and/or governmental
authorities for prosecution.
7. OTHER BEHAVIOR:
The following examples of unacceptable behavior are non-exclusive,
and are provided for guidance purposes. If you are unsure
if your actions will be a violation of our policies please
ask abuse@sgdomain.com
Server broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network Attempt
to circumvent any user authentication or security of host,
network, or account. Accessing data not intended for user.
Probing the security of any network. Spawning dozens of processes.
Port scans, ping floods, packet spoofing, forging router information,
Denial of Service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land, teardrop. Promulgation of
viruses. IRC bots such as eggdrop or BitchX. Any activity,
whether or not the intrusion results in the corruption or
loss of data, will be investigated and proper action taken.
The presence of any of these programs, whether or not run,
will result in action against the user including suspension
or termination.
8. CLIENT RESPONSIBILITY:
The client is responsible for all activity originating from
the account unless proven to be a victim of outside hacking
or address forgery. The client is responsible for securing
their username/password. Use of sgDomain's service requires
a certain level of knowledge in the use of Internet languages,
protocols, and software. This level of knowledge varies depending
on the anticipated use and desired content of the web space
by the client. The following examples are offered: Web Publishing:
requires knowledge of HTML, properly locating and linking
documents, FTPing Web contents, Graphics, text, sound, image
mapping, etc. FrontPage web publishing: knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment,
TAR & GUNZIP commands, Perl, CShell scripts, permissions,
etc. Mail: a use of mail clients to receive and send mail,
etc. The client agrees that he or she has the necessary knowledge
to create and maintain their web space. Client agrees that
it is not the responsibility of sgDomain to provide this knowledge
or support outside matter specific to sgDomain's servers.
9. IP NUMBERS:
sgDomain maintains control and any ownership of any and all
I.P. numbers and addresses that may be assigned to the client
and reserves in its sole discretion the right to change or
remove any and all IP numbers and addresses.
10. MONEY BACK GUARANTEE:
Regular Hosting Clients - Should you become unsatisfied with
sgDomain services within the first 30 days of your account
activation, sgDomain will refund your hosting fee.
Resellers - The 30 days money back guarantee does not
apply to resold accounts.
sgDomain does not refund the InterNIC fees paid
for new domain name registrations.
11. PAYMENT
POLICY:
By the first
(1st) of each month, sgDomain shall either (i) debit Client's
credit card (where the WorldPay FuturePay Agreement exists
between sgDomain and the customer) or (ii) deliver by e-mail
an invoice to Client. Where an invoice is delivered to Client,
Client shall remit payment to sgDomain by no later than 10
days after the specified payment due date. sgDomain shall
be entitled to terminate Client's service agreement with sgDomain
for Client's failure to make timely payments to sgDomain.
Because
the Services are provided on a monthly basis, unless a contract
is in place, Client will be responsible for Service fees incurred
each month regardless of when Client provides notice of termination.
Thus, for example, if Client provides notice to terminate
on the 15th of a particular month, Client will still owe fees
for the entire month and such fees will not be pro-rated or
refunded. If Client has pre-paid sgDomain for such Services,
refunds will be issued for any unused full month month portions
less one month of the Services upon Clients request.
Client also
shall pay to sgDomain all expenses incurred by sgDomain in
exercising any of its rights under this Agreement or applicable
law with respect to a Payment Default or other breach by Client,
including, but not limited to, reasonable attorneys' fees
and the fees of any collection agency retained by sgDomain.
12. REFUND POLICY:
Refunds will be given at the discretion of the Company Management.
13. TERMINATION
POLICY:
Subject
to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall
continue in effect on a month-to-month basis unless otherwise
specified by separate agreement (the "Term") unless terminated
earlier pursuant to the provisions of this Termination Policy.
Either party will have the right to terminate this Agreement
upon notice to the other party. If Client is terminating this
Agreement, Client must submit the cancellation request via
http://update.sgdomain.com/.
All cancellation requests must be received by the 25th of
the respective month of cancellation. Any other attempt by
Client to cancel this Agreement by written or e-mail notice
shall be void. Sections 13 - 14 shall survive termination
or expiration of this Agreement.
14. LIMITATION OF LIABILITY:
sgDomain shall not be responsible for any claimed damages,
including incidental and consequential damages, which may
arise from sgDomain’s servers going off-line or being unavailable
for any reason whatsoever. Further, sgDomain shall not be
responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or
deletion of any web site from one of sgDomain’s servers. All
damages shall be limited to the immediate termination of service.
IN NO EVENT
SHALL SGDOMAIN NETWORKS PTE LTD BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE SGDOMAIN NETWORKS PTE
LTD SITE OR ANY SGDOMAIN NETWORKS PTE LTD PRODUCTS OR SERVICES,
OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT
SHALL SGDOMAIN NETWORKS PTE LTD CUMULATIVE LIABILITY EXCEED
AN AMOUNT GREATER THAN ONE THOUSAND SINGAPORE DOLLARS ($1000
SGD).
sgDomain shall be the sole arbiter of what is
and is not a violation of these acceptable usage policies.
sgDomain reserves the right to terminate an account at any
time and for any reason that causes harm to any sgDomain customer's
web sites. sgDomain reserves the right to delete all content
and files upon termination. sgDomain reserves the right to
withhold any pre-paid funds for any site removed for violations
of these policies. sgDomain reserves the right to refuse,
cancel, or suspend service at our sole discretion.
sgDomain reserves the right to change these Policies
without prior notice or warning. Non-enforcement of any part
of these Policies does not constitute consent.
Violations of these Policies should be referred to abuse@sgdomain.com
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