Agreement
("CV. Cyberspace Indonesia") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of
Service constitutes
acceptance and agreement to
AUP as well as
TOS (Terms of
Service).
All provisions of this contract
are subject to the TOS (Terms of Service) of
Privacy Policy, Acceptable Uses Policy, Domain Registration Agreement and Service
Level Agreement. The AUP may be changed from time to time at the discretion
of the Company. Subscriber understands that change to the AUP by the Company
shall not be grounds for early contract termination or non-payment:
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account use,
etc. to any law enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition
shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber
acknowledges that the nature of the service furnished and the initial rates
and charges have been communicated to Subscriber. Subscriber is aware that
the Company may prospectively change the specified rates and charges from
time to time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
Failure to Pay: The
Company may temporarily deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
Subscriber acknowledges
that the service provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to charges payable
by subscriber for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages, loss
or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered
into our DNS servers within 3 to 5 business days. Due to unforeseen complications,
however, this process may sometimes require up to 7 business days. If the
new domain is registered by the account holder, there will be no handling
fee. If the domain is registered by
on behalf of the account holder a handling fee will be incurred.
Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another
provider to
will require
a minimum of seven (7) days to be set up and entered into our DNS servers.
In some cases, such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take. If the transfer of the
domain is done by
. on
behalf of the account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason, all charges are
considered earned.
Support Boundaries:
, provides 24 x 7 e-mail,
online technical support to our subscribers. We limit our technical support
to our area of expertise. The following is our guidelines when providing
support:
provides support
related to your server or virtual site physical functioning.
does not offer tech support for application specific issues such as cgi
programming, html or any other such issue.
does not provide technical support for YOUR customers. If you can email,
we encourage you to email support@cyberspace.co.id for assistance. If you
are able to get online and have other questions, the answers may be on our
home page at http://www.cyberspace.co.id/forum - we encourage you to check
there first. Lastly, the Help files in the program you are using may have
the answer to your question so please do investigate these resources before
calling tech support.
SPAM and Unsolicited Commercial
Email (UCE):
takes
a zero tolerance approach to the sending of Unsolicited Commercial Email
(UCE) or SPAM over our network. Very simply this means that customers of
may not use or permit others
to use our network to transact in UCE. Customers of
may not host, or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe penalties,
including termination of service.
Violation of
SPAM policy will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy,
will initiate an immediate investigation (within 48 hours of notification).
During the investigation,
may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy,
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further,
reserves
the right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation.
will notify law enforcement officials if the violation is believed to
be a criminal offense.
First violations of this
policy will result in an "Administrative Fee" of $100 and
your account will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of
$200 and immediate termination of your account. Users who violate this
policy agree that in addition to these "Administrative" penalties.
PLEASE, DO NOT SPAM from your account.
As our Customers are
ultimately responsible for the actions of their clients over the
network, it is advisable that Customers develop a similar, or stricter,
policy for their clients.
Network
IP Address Ownership:
If
assigns Customer
an Internet Protocol address for Customer's use, the right to use that
Internet Protocol address shall belong only to
,
and Customer shall have no right to use that Internet Protocol address
except as permitted by
in its sole discretion in connection with the Services, during the term
of this Agreement.
shall maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by
,
and
reserves the right
to change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation of IP addresses
is limited by ARIN's new policies. These new policies state that use
of IP addresses for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP address usage,
and if we find that clients are using IP addresses where name-based
hosting could be used, we will revoke authorization to use those IP
addresses that could be used with name-based hosting.
Bandwidth and Disk
Usage: Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services ordered by Customer
on the Order Form.
will monitor Customer's bandwidth and disk usage.
shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which actions
may be taken is in
sole and absolute discretion. If
takes any corrective action under this section, Customer shall not be
entitled to a refund of any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation,
may, at its sole discretion, collect a deposit, in an amount determined
by
, against customer's
credit card on file with
.
System and Network
Security: Users are prohibited from violating or attempting to violate
the security of the
Network. Violations of system or network security may result in civil
or criminal liability.
will investigate occurrences, which may involve such violations and
may involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include,
without limitation:
Accessing data not
intended for such User or logging into a server or account, which
such User is not authorized to access.
Attempting to probe,
scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization.
Attempting to interfere
with service to any user, host or network, including, without limitation,
via means of overloading, "flooding", "mail bombing"
or "crashing".
Forging any TCP/IP
packet header or any part of the header information in any e-mail
or newsgroup posting.
Taking any action
in order to obtain services to which such User is not entitled.
Attempting to couple many hosting packages together to take advantage
of massive space or bandwidth allocations. Each hosting package
purchased is unique to a domain name and use - please do not purchase
multiple "budget plan's" for instance to get the combined
bandwidth & space.
will stop such transactions and label them as deceptive. We have
an upgrade path for all services and we can often times work out
special deals for users if they ask us for the assistance.
Notification of Violation:
is under no duty to look at each customer's or user's activities to
determine if a violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police Internet-related
activities.
First violation: Any
User, which
determines
to have violated any element of this Acceptable Use Policy, shall receive
an email, warning them of the violation. The service may be subject
at
discretion to a
temporary suspension pending a User's agreement in writing, to refrain
from any further violations.
Second Violation: Users
that
determines to
have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination of
service without further notice.
We reserve the right,
to drop the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open relays are on
your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have
to do this before attempting to contact you. If we do this, we will
contact you as soon as is feasible.
Suspension of Service
or Cancellation:
reserves
the right to suspend network access to any customer if in the judgment of
the
network administrators
the customer's server is the source or target of the violation of any of
the other terms of the AUP or for any other reason which
chooses. If inappropriate activity is detected, all accounts of the Customer
in question will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not be credited
for the time the customer's machines were suspended.
reserves the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers of
must adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a similar
or stricter Terms and conditions or otherwise called Acceptable Terms of
use policy.
Indemnification:
wishes to emphasize that in agreeing to the
Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss
to
or the bringing of any
claim against
by any third-party.
This means that if
is sued
because of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against
,
plus all costs and attorney's fees.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for
you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company
of any breach of any provision of this Agreement by Subscriber shall
not operate as or be construed as a continuing or subsequent waiver
thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not
transfer or assign this Agreement without the prior written consent
of the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
takes no responsibility for any material input by others and not posted
to the
Network by
is not responsible for the content of any other websites linked to the
Network; links are
provided as Internet navigation tools only.
disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's violation
of this policy.
is not responsible for any damages your business may suffer.
does not make implied or written warranties for any of our services.
denies any warranty
or merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by
.
Responsibility for Content:
You, as
customer, are solely
responsible for the content stored on and served by your
server.
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.
may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime
or civil wrongdoing.
This document is intended to
provide a basic understand of
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of
AUP:
intends to provide its customers access to everything the Internet has to offer.
While
is firmly committed to
the principles of free speech, certain activities that may be damaging to the
resources of both
and the Internet
and cannot be permitted under the guise of free speech. The resources of
and the Internet are limited, and abuse of these resources by one user has a
negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your server or
virtual site to publish material, which
determines, at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of communications
including narrative descriptions, graphics (including photographs, illustrations,
images, drawings, and logos), executable programs, video recordings, and audio
recordings.
If
account is used to violate the Acceptable Use Policy or our TOS, we reserve
the right to terminate your service without notice. We prefer to advise customers
of inappropriate behavior and any necessary corrective action, however, flagrant
violations of the Acceptable Use Policy will result in immediate termination
of service. Our failure to enforce this policy, for whatever reason, shall not
be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@cyberspace.co.id
VIOLATIONS OF
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use:
services may not be used for illegal purposes, or in support of illegal
activities.
reserves the
right to cooperate with legal authorities and/or injured third parties in
the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use
of the
service to harm,
or attempt to harm, minors in any way, including, but not limited to child
pornography.
Threats: Use of
service to transmit any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of property.Harassment:
Use of
service to transmit
any material (by e-mail, uploading, posting or otherwise) that harasses
another.
Fraudulent activity:
Use of
service to make
fraudulent offers to sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial
e-mail / Unsolicited bulk e-mail (SPAM) Use of the
service to transmit any unsolicited commercial or unsolicited bulk e-mail
is expressly prohibited. Violations of this type will result in the immediate
termination of the offending
account.
E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail services
or news will result in the immediate termination of the offending
account.
E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission,
originating or passing through the
service is in violation of this AUP.
Usenet SPAMing:
has a zero tolerance policy for the use of its network for the posting of
messages or commercial advertisements, which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing list. Commercial messages that
are appropriate under the rules of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
Unauthorized access:
Use of the
service to access,
or to attempt to access, the accounts of others, or to penetrate, or attempt
to penetrate, security measures of
or another entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion results
in the corruption or loss of data, is expressly prohibited and the offending
account is subject to immediate
termination.
Copyright or trademark
infringement: Use of the
service to transmit any material (by e-mail, uploading, posting or otherwise)
that infringes any copyright, trademark, patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of personal
data: Use of the
service
to collect, or attempt to collect, personal information about third parties
without their knowledge or consent.
Network disruptions and
unfriendly activity: Use of the
service for any activity which affects the ability of other people or systems
to use
Services or the
Internet. This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or disruption
of other network users, services or equipment is prohibited. It is the Member's
responsibility to ensure that their network is configured in a secure manner.
A Subscriber may not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. A Subscriber may not permit
their network, through action or inaction, to be configured in such a way
that gives a third party the capability to use their network in an illegal
or inappropriate manner. Unauthorized entry and/or use of another company
and/or individual's computer system will result in immediate account termination.
will not tolerate any subscriber
attempting to access the accounts of others, or penetrate security measures
of other systems, whether or not the intrusion results in corruption or
loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection,
i.e. pinging, while using
services could result in suspension service.
Third Party Accountability:
subscribers will be held
responsible and accountable for any activity by third parties, using their
account that violates guidelines created within the Acceptable Use Policy
Security.
You are responsible for any misuse
of your account, even if the inappropriate activity was committed by a friend,
family member, guest or employee. Therefore, you must take steps to ensure that
others do not gain unauthorized access to your account. In addition, you may
not use your account to breach security of another account or attempt to gain
unauthorized access to another network or server. Your password provides access
to your account. It is your responsibility to keep your password secure. Sharing
your password and account access with unauthorized users is prohibited. You
should take care to prevent others from using your account since you will be
held responsible for such use. Attempting to obtain another user's account password
is strictly prohibited, and may result in termination of service. You must adopt
adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host,
network or account. This includes, but is not limited to, accessing data not
intended for you, logging into or making use of a server or account you are
not expressly authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools. You may not attempt to interfere with
service to any user, host or network ("denial of service attacks").
This includes, but is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a host. Users
who violate systems or network security may incur criminal or civil liability.
will cooperate fully with investigations
of violations of systems or network security at other sites, including cooperating
with law enforcement authorities in the investigation of suspected criminal
violations Network Performance.
accounts operate on shared resources. Excessive use or abuse of these shared
network resources by one customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs network performance is
prohibited by this policy and may result in termination of your account.
You are prohibited from excessive
consumption of resources, including CPU time, memory, disk space and session
time. You may not use resource-intensive programs which negatively impact other
customers or the performances of
systems or networks.
reserves
the right to terminate or limit such activities.
REPORTING VIOLATIONS OF
AUP
requests that anyone who believes that there is a violation of this AUP direct
the information to the Abuse Department at abuse@cyberspace.co.id.
If available, please provide the following information:
may take any one or more of the following actions in response to complaints:
REVISIONS TO THIS ACCEPTABLE USE POLICY
reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at any time and in any manner. Notice
of any revision, amendment, or modification will be posted in accordance with
our TOS (Terms of Service).
This document are part from agreement
that be necessary You (client) to agree as long as become client shared hosting.
own comitmen for respect and
guard your online privacy.
have to right to carry out modification about TOS today if be needed necessity,
and before
concerning announcing
to client.
Cookie
Several part website we use cookie.
Email Address
We attain use email address and address you for calling you about hosting services
that we give or that concerning us, also for to reveal about payment or announcing
important about server status.
Privacy Data in Server
We concerning make every effort better for guard in order that your data
at server we that private (as for source code from script that No desire divide
to person different, database, or data at directory home you that No desire
attain look at by user different) No by easy attain purpose, except if you alone
that take care of setting account you in order that mentioned attain purpose.
Etc
At outside point-point at upstairs, we No concerning divide data private you
to party 3rd, except if obligation by law.
This document today are part
from agreement that be necessary You (client) to agree as long as become client
shared hosting
.
to do document today at advantage together, i.e. for go around
from activity that No need and guard in order that client to get services that
optimum and better.
concerning carry out examine repeat about SLA today every 6 month, and have
the right for carry out modification about SLA today if taste necessity, at
anywhere at all before
concerning
to reveal matter to client.
1. Support
At some time or another just you want support, Please following contact us.
- Support HelpDesk: http://www.cyberspace.co.id/shop/support.php
- Hotline: +62811433512
- ICQ: 65545556
- Yahoo!: CV_CSI
We guarantee to answer email deep at the same time when sooner later 36 clock (although in general just deep at the same time when 2-4 clock or even fewer from 1 hour), except if sets of equipment communication we experience disturbance. If answer we late, we concerning give away compensation that appropriate.
We guarantee every question you concerning we respon, except if question replying or ever question before by you, or you carry out bombardir question to staf.
Method comunication that we like
are email. As staf we moment today again enough, then we No attain to guarantee
concerning answer all call by telephone that enter.
staff have the right for No answer calling HP at time be busy follow client
that different or be deep situation that fewer possible. We sugestion in order
that you ask or request support by email. Nevertheless if you have matter that
critis, don't be warry for call we 24 clock.
We to guarantee for answer question was also from you and finish matter you maybe. Nevertheless certain just No all question you necessity we answer. We No to guarantee for be abble answer question that No related by hosting service we as for, nevertheless No boundary beginning:
- question basic about programing (" how manner send email by silver or PHP, etc.");
- question about script or program that No we attach;
- request arrange matters domain that No register at we place;
- question about hosting service or different ISP.
Nevertheless as staf we rely on and freely, don't be warry ask matter was just if you need help!
We No to guarantee for to change cost that arise from 3rd party conection by support (among different, nevertheless No boundary beginning: telephone cost local/interlocal, roaming cost, letters cost and materai, etc.).
2. General Facility
We to guarantee than each klien we to get basic facility as following:
- control panel for take care of account you, belonging to file manager, email manager, subdomain manager,etc;
- subdomain that No limits;
Moment today we also give away email forwarding facility that No limit, email POP that No limit, data transfer that not yet measure. Matter today No we guarantee and attain change at the time that.
3. Server Status
We commitment for transparan and always fair deep to reveal status server.
We to guarantee for give away data following:
network usage;
konektivitas;
load server
4. Announcement
to guarantee concerning carry
out announcement beginning (24-48 clock before) by means of email for event-event
as for restart server, moving server next data center different, changing DNS,
changing IP, and important event else.