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Use of NetKL Network Service constitutes acceptance and agreement
to NetKL Network's AUP as well as NetKL Network's TOS (Terms of Service).
IMPORTANT NOTICE:
*All Payments To NetKL Network Are Non-Refundable Unless A Promised Service Has
Not Been Provided*
We support the uncensored flow of information and ideas over the Internet and
do not actively monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over the content of any web
site, e-mail transmission, newsgroups, or other material created or accessible
over or through the services, except for certain proprietary Web sites. However,
in accordance with our TOS (Terms of Service), we may remove any materials that,
in our sole discretion, may be illegal, may subject us to liability, or which
may violate this AUP. Your violation of this AUP may result in the suspension or
immediate termination of either your NetKL Network account.
Specific
Acceptable Use Policies
Unauthorized use of other people's accounts or computers
NetKL Network will strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts include
"social engineering" (tricking other people into releasing their passwords),
password cracking, security hole scanning etc.
Any unauthorized use of accounts or computers by a NetKL Network customer,
whether or not the attacked account or computer belongs to NetKL Network, will
result in action against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal legal action,
according to the seriousness of the attack.
Adult
Oriented Websites
Sites containing adult material, links to adult material or adult-oriented
merchandise are not permitted. The final determination of what constitutes
"adult content" is made by NetKL Network.
Free Domain Name
(Hosting: pay anually)
You will get FREE domain (com, net, org, biz, info, or name) if you choose to
register new domain, when making order. If you use your
current domain when making the purchase, there is NO FREE
domain.
FREE domain is only valid when you follow the above.
File backups and restore
NetKL Network is not responsible for website management or
files lost or damaged by users. Website construction and
management is the responsibility of the client. We backup
data in every accounts weekly, including mysql database,
however, we are not liable to any data loss in the event of
technical problems. Therefore, client-maintained backup of
all site files is recommended and should be maintained
outside of NetKL Network's facilities, or in your local PC.
Lawful Purpose
NetKL Network reserves the right to refuse service to
anyone. Customers may only use NetKL Network's server for
lawful purpose. Transmission of any material in violation of
any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene,
material protected by trade secrets, child pornography and
satanic materials. NetKL Network expressly forbids anyone
from using NetKL Network's servers for the propagation,
distribution, housing, processing, storing, or otherwise
handling in any way the above, or any other material which
we deem to be objectionable. The designation of any
materials as such described above is left entirely to the
discretion of NetKL Network's management.
NetKL Network's services are intended for the end user only.
Customers cannot sublease, subhost, or give away control of
any portion of NetKL Network's resources. Doing so could
result in immediate account cancellation.
Your password is considered private and is not to be given
out to any third party outside your organization.
Payment Policies
If make and order, we will create invoice for your account.
If we did not receive any payment Seven (7) days after your
order, we will cancel your order. We will activate your
account once we received the payment. We accept payment
through Maybank, Eon Bank, Public Bank, Alliance Bank or Paypal.
Indemnification
Customer agrees that it shall defend, indemnify, save and
hold NetKL Network harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against NetKL Network, its agents,
its customers, officers and employees, that may arise or
result from any service provided or performed or agreed to
be performed or any product sold by customer, its agents,
employees or assigns. Customer agrees to defend, indemnify
and hold harmless NetKL Network against liabilities arising
out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with
NetKL Network's server; (2) any material supplied by
customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to customer
from NetKL Network's server.
Disclaimer
NetKL Network will not be responsible for any damages your business may suffer
for any reason, including negligence on our part. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by NetKL Network and its employees. NetKL Network makes no
warranties of any kind, expressed or implied about the services we provide.
NetKL Network specifically disclaims all warranties of merchantability and
fitness for a particular purpose.
Content:
All services provided by NetKL Network may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any Malaysia Federal or State law is prohibited. This includes, but
is not limited to: copyrighted material, material we judge to be threatening or
obscene, unlicensed software or files, or material protected by trade secret and
other statue. The subscriber agrees to indemnify and hold harmless NetKL Network
from any claims resulting from the use of the service which damages the
subscriber or any other party.
Examples of non-acceptable content or links
· Pirated software
· Illegal MP3's
· Hackers programs or archives
· Warez Sites
· Child Pornography
NetKL Network will be the sole arbiter as to what constitutes a violation of
this provision.
Background Processes/Programs
NetKL Network may allow programs to run continually in the background, these are
considered on a one to one basis and a extra charge may be incured based on
system resources used and operational maintenance needed.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a NetKL Network server or
using an email address that is maintained on a NetKL Network machine is STRICTLY
prohibited. For general reference, we consider spam any email that is sent to
more than 25 people at a time that did not ask for it to be sent to them. If a
client is identified as spammer, we will immediately investigate, and if proven
true, the account will be terminated immediately and the client will be liable
to cover all damages caused and the costs of any penalties imposed by law. All
payments made by said customer will not be refunded.
NetKL Network will be the sole arbiter as to what constitutes a violation of
this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request
are fully honored. Please make an effort to limit outgoing mail on your account
to no more than 500 pieces per hour.
Network and Server 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, probe, or scan of a 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 and broadcast attacks, forging of any
TCP-IP packet header or any part of the header information in an email or a
newsgroup posting.
NetKL Network have the rights to use any black listed IP filter provided by any
anti spamming/hacking society. If your IP is blocked by any of the above
mentioned society, NetKL Network will not be responsible and you need to contact
your Internet Service Provider about your problem.
Server Resources
It is a violation for anyone to post information or to include programs on our
servers that consume server system resources and slow down the server in turn.
Any party that slows our servers down, can and will be notified. NetKL Network
reserves the right to terminate any running software processes that are
overloading a server, or slowing it down heavily.
CPU/RAM Usage
The CPU/RAM consumption of a web site may in no way affect the performance of a
server. This means that the implementation of scripts on a web site must be
carefully studied by the account's owner. Examples of what can cause high
CPU/RAM usage are:
- Scripts that handle too much data from text files. An example of this is a
message board. The UBB (Ultimate Bulletin Board), Yabb & Ikonboard is well known
to consume very high amounts of CPU anytime it has to handle its flat file/mysql
database (like when someone posts a message).
- Perl scripts constantly executed consume a lot of server resources, since the
Perl interpreter must be launched each time the script is called.
- Scripts with long loops.
- Scripts that are constantly calling a database and doing complex queries.
- We reserve the right to disable any script that affects normal shared server
operation without notice.
- Web sites with excessive traffic will consume plenty of CPU and RAM, since the
webserver has to handle more.
If a script (and its instances) is found to be consuming too much CPU power
(more than 10%) and/or RAM, and it's affecting the overall performance of a
server, NetKL Network has the right to move/block the script, and warn the
account's owner. The warning will consist of a request to improve the
performance of the script, or to replace it with a more efficient one. If, the
account's user pays no attention to a warning (or several ones) and puts the
script back to operation, NetKL Network has the right to again block the script
and/or change the account's password until the user complies. If, after that,
the user still pays no attention to the warning and puts the script back, Netkl
Hosting will delete the account. No refunds will be given.
Server
Abuse:
Any attempts to undermine or cause harm to a NetKL Network server or customer of
NetKL Network is strictly prohibited. NetKL Network will pursue legal action to
the fullest extent for all abuse of the NetKL Network Network.
Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds
for account suspension or de-activation. NetKL Network reserves the right to
remove any account without prior notice. If NetKL Network deactivates your
account(s) for violating policy, you will forfeit your rights to a refund. No
refunds for advance payments, on de-activated accounts. Normal policy is a
warning first, and account de-activation the second offense. Serious offenses
may cause immediate de-activation.
NetKL Network is proud to offer an exceptional level of performance,
reliability, and service. That is why we are making commitments to our customers
in the form of a Service Level Agreement (SLA) which provides certain rights and
remedies regarding the performance of the NetKL Network network. The Netkl
Hosting Service Level Agreement (SLA) guarantees our network/equipment
reliability and performance. This Service Level Agreement (SLA) applies to
customers of NetKL Network web hosting & reseller.
Exceptions:
Customer shall not receive any credits under this SLA in connection with any
failure or deficiency of the NetKL Network network caused by or associated with:
1-Circumstances beyond reasonable control, including, without limitation, acts
of any governmental body, war, insurrection, sabotage, embargo, "Acts of God"
(ie...fire, flood, earthquake, tornado, etc...), strike or other labor
disturbance, interruption of or delay in transportation, unavailability of or
interruption or delay in telecommunications or third party services, failure of
third party software or inability to obtain raw materials, supplies, or power
used in or equipment needed.
2-Telco or Backbone Failure (TMnet, Jaring,
AIMS
etc)
3-Hardware failure (faulty hardware is
rare, but cannot be predicted nor avoided). NetKL Network utilizes only name
brand hardware of the highest quality and performance.
4-Software bugs/flaws (Expolits and bugs
may develop that cause security issues or downtime)
5-DNS issues not within the direct control
of NetKL Network
6-Network floods, hacks, attacks from
outside parties or individuals
7-Failure or error of any NetKL Network
monitoring or measurement system
8-Client's acts or omissions, including
without limitation, any negligence, willful misconduct, or use of NetKL Network
service(s) in breach of NetKL Network Policy and Service Guidelines by Client or
others authorized by Client.
Connectivity:
NetKL Network goal is to make the NetKL Network network available to Client free
of outages for 99.9% of the time. An "outage" is defined as an instance in which
Client is unable to transmit and receive IP packets due to a NetKL Network
service failure for more than 10 consecutive minutes, excluding service failures
relating to NetKL Network scheduled maintenance and upgrades.
Hardware Failure:
NetKL Network stands behind all equipment on our network. Faulty hardware is
rare, but cannot be predicted nor avoided. NetKL Network utilizes only name
brand hardware of the highest quality and performance. NetKL Network will
replace all faulty hardware affecting performance levels of equipment ASAP,
which includes hardware issues that cause server crashes or speed issues.
Hardware failure resulting in complete network/server outage/downtime will be
corrected ASAP from the problem identification.
OUR GUARANTEE!
We want you to be a satisfied customer!! We can only be successful if we have
satisfied customers, so we go the extra mile to make sure we offer the highest
quality of service at great prices.
Note: NetKL Network reserves the right
to revise our policies at anytime.
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