This
is MediaDev Interactive Sdn Bhd's Usage Policy, which supplements
the service agreement of each user of MediaDev Interactive
Sdn Bhd's services (each, a "Subscriber"). Every Subscriber
is subject to this Usage Policy, and by virtue of using MediaDev
Interactive Sdn Bhd's services, network, and/or systems (collectively
the "Services") agrees to be bound by this Usage Policy. MediaDev
Interactive Sdn Bhd will revise this Usage Policy from time
to time. A Subscriber's use of the Services after revisions
to the Usage Policy are posted on NuxHost's website at www.nuxhost.com,
will constitute such person's acceptance of any changes or
additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their
affiliates or customers) engage in the following prohibited
activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights,
rights of privacy, rights of publicity or other personal rights
is prohibited. MediaDev Interactive Sdn Bhd is required by law to remove or block
access to content appearing on or through the Services upon
receipt of proper notice of copyright infringement (see "Copyright
Infringement Notice Information" below).
Spamming
Spamming, whether or not it overloads the Services or disrupts
service to MediaDev Interactive Sdn Bhd's Subscribers, is prohibited. The term
"spamming" includes, but is not limited to, the sending of
unsolicited bulk and/or commercial message over the Internet
or maintaining an open SMTP policy. MediaDev Interactive Sdn Bhd reserves the
right to determine, in its sole and absolute discretion, whether
e-mail recipients were from an opt-in email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers,
return mailing information and/or Internet protocol addresses
to conceal or misidentify the origin of an message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses,
worms or Trojan horses, or for pinging, flooding or mailbombing,
or engaging in denial of service attacks is prohibited. It
is also prohibited for any Subscriber to engage in other activity
that is intended to disrupt or interfere with, or that results
in the disruption of or interference with, the ability of
others to effectively use the Services (or any connected network,
system, service or equipment) or conduct their business over
the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking"
includes, but is not limited to, the following activities:
illegally or without authorization, accessing computers, accounts
or networks, penetrating or attempting to penetrate security
measures, port scans, stealth scans, and other activities
designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of Malaysia
and/or violations of Malaysia law relating to the exportation
of software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit,
advertise or otherwise make available child pornography is
prohibited. MediaDev Interactive Sdn Bhd is required by law, and will, notify
law enforcement agencies when it becomes aware of the presence
of child pornography on, or being transmitted through, the
Services.
Other Illegal Activities
The use of the Services to engage in any activities that are
determined by MediaDev Interactive Sdn Bhd, in its sole and
absolute discretion, to be illegal is prohibited. Such illegal
activities include, but are not limited to, storing, posting,
displaying, transmitting or otherwise making available ponzi
or pyramid schemes, fraudulently charging credit cards or
displaying credit card information of third parties without
their consent, and failure to comply with applicable on-line
privacy laws. MediaDev Interactive Sdn Bhd will cooperate
fully with appropriate law enforcement agencies in connection
with any and all illegal activities occurring on or through
the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise
make available obscene, defamatory, harassing, abusive or
threatening language is prohibited.
Other Activities
Engaging in any activity that, in MediaDev Interactive Sdn Bhd's sole and absolute
discretion, disrupts, interferes with or is harmful to (or
threatens to disrupt, interfere with, or be harmful to) the
Services, MediaDev Interactive Sdn Bhd's business, operations, reputation, goodwill,
customers and/or customer relations, or the ability of MediaDev Interactive Sdn Bhd's
customers to effectively use the Services is prohibited. Such
prohibited activities include making available any program,
product or service that is designed to or could be used to
violate this Usage Policy. In addition, the failure by a Subscriber
to cooperate with MediaDev Interactive Sdn Bhd in correcting or preventing violations
of this Usage Policy by, or that result from the activity
of, a customer of the Subscriber is a violation of this Usage
Policy.
In general, MediaDev Interactive Sdn Bhd does not monitor its customers' websites
or activities to determine whether they are in compliance
with this Usage Policy. However, when MediaDev Interactive Sdn Bhd becomes aware
of any violation of this Usage Policy or its User Agreement,
MediaDev Interactive Sdn Bhd may take any action to stop or correct such violation,
including, but not limited to, shutting down a website, denying
access to the Services or to the Internet, and/or removing
information. In addition, MediaDev Interactive Sdn Bhd may take action against
a Subscriber or a customer of such Subscriber because of the
activities of such customer. MediaDev Interactive Sdn Bhd reserves the right
to take any such action even though such action may affect
other customers of the Subscriber.
MediaDev Interactive Sdn Bhd may disclose any information in its possession,
including, without limitation, information about Subscribers,
internet transmissions and website activity in order to comply
with a court order, subpoena, summons, discovery request,
warrant, statute, regulation or governmental request, to protect
MediaDev Interactive Sdn Bhd or others from harm, and/or to ensure the proper
operation of the Services. MediaDev Interactive Sdn Bhd has no obligation to
notify any person, including the Subscriber about whom information
is sought, that MediaDev Interactive Sdn Bhd has provided the information.
Copyright Notice Infringement Information
In accordance with the Digital
Millennium Copyright Act, MediaDev Interactive Sdn Bhd has adopted a policy that
provides for termination of websites hosted by MediaDev Interactive Sdn Bhd that
are found to infringe on copyrights of third parties. If a
copyright holder believes that there has been a violation
of his or her copyright on a website that is hosted by MediaDev Interactive Sdn Bhd
or its subsidiaries, and the copyright holder wants MediaDev Interactive Sdn Bhd
to remove the website or disable the material in question,
MediaDev Interactive Sdn Bhd will remove the website or disable the material
if the copyright holder provides us with all of the following
information:
- A signature of a person authorized to act
on behalf of the owner of the exclusive right that is allegedly
infringed. Identification of the copyrighted work that is
claimed is being infringed, or, in the case of claimed infringement
of multiple copyrighted works, a representative list of
such works.
- Identification of the material that is
claimed to be infringing or is the subject of infringing
activity and that should be removed or access to which should
be disabled, with information reasonably sufficient to permit
us to locate the material.
- Information reasonably sufficient to permit
us to contact the person giving the notification, such as
an address and telephone, and, if available, an electronic
mail address at which such person may be contacted.
- A statement that the person giving the
notification has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
- A
statement that the information in the notification is accurate,
and under penalty of perjury, that the person giving the
notification is authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed.
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