All ModernOne Data Solutions Sdn. Bhd. products and services provided are subject to this AUP (Acceptable usage policy). Use or purchase our products or services are constitutes acceptance and agreement to ModernOne Data Solutions Sdn. Bhd. TOS (Terms Of Service) and AUP (Acceptable usage policy).

ModernOne Data Solutions Sdn. Bhd. provides Web Services to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. These AUP also apply to resellers and their customers.

Report Violation of AUP
Reporting Abuse Violations of these Acceptable Uses Policies and Terms of Service should be referred to support@nocser.net. All complaints will be investigated promptly. Serious violations of terms or conditions can be ground for immediate account deactivation or termination without refund.

Violations of the AUP
A 24 hours or less warning notification sent via email. First Violation shall receive an e-mail, warning them of the violation. The service may be subject at ModernOne Data Solutions Sdn. Bhd. discretion to a temporary suspension pending a client’s agreement in writing to refrain from any further violations. Second Violation 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 any SPAM or Denial-of-Service (Dos) 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 take this action prior to attempting to contact you.

Contact Information
Customers are responsible for maintaining their contact information in the ticketing system and billing system such that the email address is always reachable even in the event of their ModernOne Data Solutions Sdn. Bhd. account being suspended.

Abuse Network or Server / Internet Etiquette
ModernOne Data Solutions Sdn. Bhd. 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 a customer account. The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which ModernOne Data Solutions Sdn. Bhd. may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. ModernOne Data Solutions Sdn. Bhd. reserves the right to refuse or terminate service at any time for violation of this section. Any attempt to undermine or cause harm to a server, customer, reseller and network of ModernOne Data Solutions Sdn. Bhd. is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

Contents
All services provided by ModernOne Data Solutions Sdn. Bhd. may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any International laws is prohibited. This includes, but is not limited to: copy righted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ModernOne Data Solutions Sdn. Bhd. from any claims resulting from the use of the service which damages the subscriber or any other party. If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publish material as an existing customer.

Content Responsibility
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. Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, ModernOne Data Solutions Sdn. Bhd. will suspend the offending site or even suspend the whole reseller account. Resellers are responsible for anything their clients do.

Legal Adult Content
Lawful adult contain are allowed with dedicated server.

Unacceptable contents
Unacceptable contents or links includes but is not limited to advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group. Pirated software, IRC or IRC Bot or IRC related or link to IRC site, Egg Drop, Child Pornography and Child sex-related merchandising, Violations of Copyrights, Hacker programs or archives, Warez sites, Hate propaganda, Fraud / Scam Website or Email, peer-to-peer or audio/video streaming applications, SPAM HYIP Site also strickly not permitted.

Illegal activities
The ModernOne Data Solutions Sdn. Bhd.’s services may not be used for illegal purposes or activities included but not limited to cracking, hacking and scaning, or in support of illegal activities. The ModernOne Data Solutions Sdn. Bhd. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing.

Child Pornography
Our policy on child pornography is zero tolerance. ModernOne Data Solutions Sdn. Bhd. will cooperate fully with any criminal investigation into any customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers, if they are resellers, are ultimately responsible for the actions of their clients over the ModernOne Data Solutions Sdn. Bhd. network, and will be liable for illegal material posted by any of their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years.

Spam Policy
Spamming, or the sending of unsolicited email include and not limited to commercial, non commercial, charity, non-profits purpose opt-in Email, from a ModernOne Data Solutions Sdn. Bhd. server or network or using an email address or domain that is maintained on a ModernOne Data Solutions Sdn. Bhd. Service as reference is STRICTLY prohibited. We also do not allow you to advertise any web site hosted on our servers in an unsolicited email, regardless of the origin of that email (i.e. even if you do not send the spam through our servers, or using an email address from a domain name hosted by us…. if you advertise a web site hosted by us in a spam email, your account will be terminated. As delegated by our backbone provider, any sites using spam or selling of spam related software or bulk email content will be terminated.

Allowed Mailing Lists
Specifically, you must maintain a true opt-in mailing list and maintain records of the opt-in confirmation email each intended recipient submitted when originally signing up for the mailing list. The mailing list may not be purchased from an outside source; rather, the recipients must have signed up to this list directly. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out. Opt-out requests must be honored immediately. ModernOne Data Solutions Sdn. Bhd. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ModernOne Data Solutions Sdn. Bhd. will notify law enforcement officials if the violation is believed to be a criminal offense.

Harassment
Use of ModernOne Data Solutions Sdn. Bhd. service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity
Use of ModernOne Data Solutions Sdn. Bhd. service to make fraudulent offers to sell or buy or update products, items, or services such as Fraud Paypal Website or Email and Fraud Ebay Website or Email, 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 or Email 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.

Unauthorized access
Use ModernOne Data Solutions Sdn. Bhd. Service attempt to unauthorized access to others account or information or collect other user information without their concern or run CGI’s in your account from another account, either on our server or not are subject to immediate termination. Unauthorized access included but not limited to: 1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access. 2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 3) Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, flooding, mail bombing or crashing. 4) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 5) Taking any action in order to obtain services which such user is not entitled.

Copyright or Trademark
Use of ModernOne Data Solutions Sdn. Bhd. 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.

Distribution of Viruses
Use of ModernOne Data Solutions Sdn. Bhd. service 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.

Subject to United State and Malaysia Law
The information, construction and interpretation of this agreement shall be controlled by the laws of Malaysia and the United State. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Malaysia, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. Pursuant to ModernOne Data Solutions Sdn. Bhd.’s Terms of Service, the customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension
ModernOne Data Solutions Sdn. Bhd. reserves the right to suspend network access to any customer if, in the judgment of the ModernOne Data Solutions Sdn. Bhd. network administrators, the customer’s server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which ModernOne Data Solutions Sdn. Bhd. reasonably chooses, including but not limited to nonpayment. 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. The customer’s account with ModernOne Data Solutions Sdn. Bhd. will, however, be credited on a prorated basis for the time the Customer’s machines were suspended, based on the monthly fees the Customer pays for the servers that are suspended.

Cancellation
ModernOne Data Solutions Sdn. Bhd. reserves the right to cancel service at any time. 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. All fees paid in advance of cancellation are non-refundable if ModernOne Data Solutions Sdn. Bhd. institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Non-Payment of Service
It is up to you to keep your account up to date. If your payment is not received on the due date, your account may be suspended. Suspended accounts typically remain suspended in 1 day, or until payment is made (when an account is suspended, your web site will not be visible, you will not be able to login, and any email addresses you created will cease to function. No information is deleted when an account is suspended). Once account suspeded, will be charge a suspended charge. Please refer to our Website for suspend charges. If payment is not made within 1 day to maximum of 7 days, your account will be terminated, and all information in your account (files, emails, etc) will be lost.

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 (the “Agreed Usage”). ModernOne Data Solutions Sdn. Bhd. will monitor Customer’s bandwidth and disk usage. ModernOne Data Solutions Sdn. Bhd. 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 ModernOne Data Solutions Sdn. Bhd.’s sole and absolute discretion. If ModernOne Data Solutions Sdn. Bhd. 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, ModernOne Data Solutions Sdn. Bhd. may, at its sole discretion, collect a deposit, in an amount determined by ModernOne Data Solutions Sdn. Bhd., against customer’s credit card.

Limitation of liability
Your use of ModernOne Data Solutions Sdn. Bhd.’s services are at your sole risk. All ModernOne Data Solutions Sdn. Bhd. services are provided on an “as is ” basis without warranties of any kind, either expressed, implied, constructive, or statutory, including, without limitation any implied warranties of merchantability, not infringement or fitness for a particular purpose. In no event will ModernOne Data Solutions Sdn. Bhd. be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damage arising out of the use of or inability to use ModernOne Data Solutions Sdn. Bhd.’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; any type of negligence; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

Right to Change AUP
ModernOne Data Solutions Sdn. Bhd. reserves the right to change or amend these Acceptable Use Policy at any time without prior notice. By submitting your order to ModernOne Data Solutions Sdn. Bhd., you signify your agreement to these Acceptable Use Policy . If you do not agree to these Acceptable Use Policy, then please don’t submit an order! Please view and read our TOS (Terms Of Service) page before submit your order.

ModernOne Data Solutions Sdn. Bhd.
No83-2, Jalan TSK 1,
Taman Kajang Sentral
43000 Selangor.
Malaysia