Acceptable Use Policy (AUP)
EMYHOST is committed to providing services at a standard of excellence commensurate with the best practice in the industry.
EMYHOST NETWORK SDN BHD (hereinafter referred to as “EMYHOST”) is a corporation organized and existing under the laws of Malaysia and having its principal executive office 18-8, Jalan SS14/72, Petaling Jaya, Selangor, 47300, MALAYSIA.
EMYHOST primary goal is to preserve the value of the Internet as a resource for information and free expression and respect the privacy and security of Internet users. EMYHOST values itself as responsible hosting provider and strongly discourages irresponsible practices, which degrade the usability of network resources and thus the value of Internet services. This Acceptable Use Policy (AUP) specifies the actions prohibited by EMYHOST. EMYHOST reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this webpage. Use of EMYHOST services is conditional upon acceptance of AUP. It is Customer’s responsibility to regularly check for modifications. (Customers, users, and visitors are referred collectively as Customer)
Complaints & Disputes
All abuse complaints and disputes on issues not listed in our AUP will be dealt with according to the laws of Malaysia. The court of Malaysia shall have exclusive jurisdiction in the event of disputes resulting from or relating to any complaints, disputes or agreements between the Customer and the complainant. Should the complainant agreed to leave the dispute decision to the laws of Malaysia, the complainant shall accept that EMYHOST as the content hosting provider cannot be held liable for any consequential, incidental, exemplary, punitive or multiple damages. Until the decision of the dispute is made known, EMYHOST reserves the right to continue providing the services to the Customers.
Suspension of Services
Suspension of services may be caused by abuse and violations of system or network security. These offences may result in suspension, cancellation or criminal and civil liability. Using EMYHOST’s network, services, or systems to store or send content which is illegal according to the laws of Malaysia is not permitted for any reason. Examples of system or network abuse or security violations include, without limitation, the following:
Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorised Monitoring: Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference: 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: Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Offensive Material: Use of EMYHOST service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Fraud: Use of EMYHOST service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.
Virus, Trojan and Malware Distribution: Use of EMYHOST service to distribute Virus or any other forms of data which can cause considerable harms to any network. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, port scanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
Terrorism Activities: Use of EMYHOST services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.
System Resources Overload: Overload of EMYHOST services until the system performance or other customers’ business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.
Spam (UNSOLICITED EMAIL): Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the EMYHOST network, nor to collect responses from UCE or Spam regardless of whether sent over the EMYHOST network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer’s identity in connection with use of the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers.
Child Pornography: Child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law. Customer is held fully responsible for any misuse of account regardless of whoever committed the act.
Russian Business Network (RBN): The Russian Business Network (commonly abbreviated as RBN) is a multi-faceted cybercrime organization, specializing in and in some cases monopolizing personal identity theft for resale. It is the originator of MPack (software) and an alleged operator of the Storm botnet. Due to the threat of RBN, EMYHOST does not accept any customers from Eastern Europe countries such as Belarus, Bulgaria, Czech Republic, Hungary, Moldova, Poland, Romania, Russia, Slovakia and Ukraine. Should EMYHOST discovers any customers from Eastern Europe countries or login from Eastern Europe IP, we reserve the right to suspend the account pending further investigation which may lead to account termination.
Storage Device: Using a shared hosting account as a backup/storage device is strictly not permitted. Shared hosting account are meant for hosting Customer’s website content.
Internet Relay Chat (IRC): IRC is well-known for being a platform for a Command and Control or “C&C” type of technology, where malware that was placed (or downloaded and ran) on a machine on local network connecting outbound, “beaconing” back to the C&C server (generally just an IRC channel with a password) so that the Master of the malware could control the other computers known as a botnet.
Investigation & Cancellation of Services
EMYHOST reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. EMYHOST at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, EMYHOST reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning and/or incurs an abuse fees. If EMYHOST feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. EMYHOST does not issue refunds for terminating service due to any of the causes specified above. Dedicated Server or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.
EMYHOST reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice.
For Resellers: We will suspend the site in question and will notify you to take action. If Customer’s account has repetitive occurrence of this type, it may result in the immediate termination of Customer’s account.
For Direct customers: Customer’s services will be terminated with or without notice.
Reporting AUP Violations
Please email to Abuse.