Where the content states: "We" includes WebMall or any party acting on WebMall's implicit instructions. "You", "Client" or "Reseller" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. WebMall reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.
By using any portion of WebMall's service, you are agreeing to this service agreement on this document entirely.
Use of Services
- Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our server environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
- Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by WebMall at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. WebMall reserves the right to terminate any process which it deems to be using excessive resource usage.
- Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from WebMall is server abuse.
- Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
- Mailing Lists - WebMall has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the WebMall Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact WebMall requesting permission to send the mailing through the WebMall servers prior to sending any messages. Sending a large mailing through mailing list software other than WebMall pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
- Mailing lists operated on WebMall servers must be double opt-in with specific clear instructions in order to opt-out.
- Pornography - WebMall prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through WebMall servers.
- Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
- Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. WebMall has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
- Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and WebMall reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact WebMall directly to check with us before proceeding.
- Ignorance of your actions and consequences does not exempt you from liability.
- WebMall reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by WebMall. The customer agrees to pay all financial penalties placed by WebMall in full and within 30 days.
- Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
- Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a WebMall servers.
- IRC sessions - Using WebMall servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any WebMall server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
- Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a WebMall is grounds for immediate termination of likely prosecution.
- Selling for free - WebMall prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
- Proxy websites and such are prohibited.
- Any reselling of WebMall services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances.
- Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. WebMall reserves the right to refuse a promotion to a customer.
- WebMall reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
- WebMall reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
- WebMall utilizes FraudRecord and FraudLabsPro to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord and FraudLabsPro for misbehaviour using one-way hashed information.
Backups and Data
- WebMall backs up data for its own use and disaster recovery and the backup is made available to customers for self-service restore. The customer is encouraged to make their own backups. We do not make any guarantees on the integrity and reliability of the backups.
- Any account larger than 5 GB may, at our discretion, be subject to reduced retention with or without notice.
- Any account larger than 10 GB may, at our discretion, be subject to reduced retention or be excluded from our backup systems with or without notice.
- All cPanel backup files, backup-*.tar.gz, cpmove-*.tar.gz and other forms of backup files which are older than 3 days will be removed from the server automatically and we suggest downloading said backups to an off-server location.
- The customer retains full ownership of all data uploaded to WebMall's servers and will take full responsibility for the content.
- WebMall reserves the right to refuse service to anyone. Customers may only use WebMall 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, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of WebMall management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Malaysia, and any dispute will be litigated or arbitrated in Malaysia.
- CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBMALL HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEBMALL, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBMALL AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEBMALL 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 WEBMALL SERVER.
- WEBMALL WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WEBMALL MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WEBMALLg DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WEBMALL AND ITS EMPLOYEES. WEBMALL RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
- WEBMALL RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. WEBMALL RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
- ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WEBMALL MUST ADHERE TO THE MENTIONED HERE POLICIES.
- FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Intellectual Property Rights
- Material accessible to you through WebMall services may be subject to protection under the United States, United Kingdom, Canada, Malaysia or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use WebMall or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the WebMall network. If you use a domain name in connection with WebMall or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
- WebMall 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 without prior notice. All users of WebMall, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates.