SigmAGamEHostinG! Acceptable Use Policy and Terms of Service

 

SigmAGamEHostinG! values our Customers and wishes to provide them, while hosting with us, with an extremely positive experience. To offer the best service possible, all Customers need to follow the same rules and guidelines in this agreementThese policies are intended to make our available services offered to our Customers governed in a manner that is as consistent and efficient as possible.

 

Key Areas of this Service Agreement

 

1. User-Supplied Content
2. Server and Network Usage
3. Service policy
4. Indemnification/Disclaimer

 

1. User-Supplied Content

All services may be used for lawful purposes only. Through SigmAGamEHostinG!'s services, you may have access to Forums, Web Pages, Email, or other Services that enable you to send or post material ("content") and make that content available to others. One must not submit, publish, or display on the Network any defame, inaccurate, abusive, obscene, infringe, threaten, or hate -intended content. In addition, one may not submit, publish, or display any content that violates any government or local law, in this case, most importantly Singapore Law. Solely responsiblility for the content one makes accessible through SigmAGamEHostinG! lies with him.

SigmAGamEHostinG! is not obliged to consistently monitor the Network to examine for inappropriate content. One hereby acknowledges that in the occasion that we are made aware of debatable content on one's hosting or services that is determined to be, in our sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, malicious, hate-oriented or otherwise morally objectionable by any social norms, SigmAGamEHostinG! reserves the right to edit, remove or even completely deny access to such content.  SigmAGamEHostinG! may, in our own prudence, disclose any content or records pertaining to any particular Customer's account, as and when necessary or needed to uphold any inquests made by Law Agencies, Regulatory Boards, Governmental Requests or and specific Court Orders.

Pornography and sex-related merchandising are strictly prohibited -This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere (advertisements are included). This is also true for Sites that promote any illegal activity or content that may be damaging to SigmAGamEHostinG! servers or any other server on the Internet. Links to such material are strictly prohibited.

Intellectual Property Rights & Copyrights Violations - Material accessible to onethrough SigmAGamEHostinG! services may be subject to protection under the Copyright Law, Trademark Laws, Trade Secrets or Proprietary Information.  Only in the case where permission explicitly granted by the owner of such property rights or copyrights, one must not use SigmAGamEHostinG!'s services in a manner that might possibly infringe, violate, dilute or misappropriate any such rights. If one uses his domain name in connection with SigmAGamEHostinG! or similar services, that Domain Name must not be in violation of any Trademark, Service Mark, or other legal rights of any Third Party. Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal investigation, and SigmAGamEHostinG! reserves the full lawful rights to assist all legal parties involved in these investigations.

Pirated Software is prohibited - This represents any software that is copyrighted and not freely available for distribution without cost. i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3) cannot be installed nor stored at customer's server without knowledge of  SigmAGamEHostinG!.

Hacking/Phreaking material is prohibited - This encompasses all sites and programs which knowingly harvest material, links, resources for hacking, phreaking, spreading of viruses etc, that promotes or participates in wilful harm to Third Party Internet Sites or Providers.

 

2. Server and Network Usage

CGI Scripts - Each SigmAGamEHostinG! webhosting account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided within their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice.  This will and shall remain under the sole discretion of the staff of SigmAGamEHostinG!.  CGI-Script sharing with Domains not hosted by SigmAGamEHostinG is also strictly prohibited.

Chat Rooms / IRC - SigmAGamEHostinG! prohibits her Customers from installing outside chat rooms on their Domain. However, SigmAGamEHostinG! does provide her customers a choice of Chat rooms to choose from for a nominal monthly charge. These chat rooms are designed to meet the growing needs of customers and they function without hindering the performance of the servers for others. SigmAGamEHostinG! expressedly strictly prohibits its customers from operating IRC or IRC Bots on any of the servers.

Server Resources - Any website, server or gameserver that uses a ridiculous amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources), to be judged under the sole discretion of the staff of SigmAGamEHostinG!, will be given an option of either upgrading their service or reducing the resource usage to an acceptable level that ensures that all SigmAGamEHostinG! clients will not be impacted by this adverse unacceptable usage.

Background Running Programs - Background Daemons in general are prohibited. SigmAGamEHostinG! will consider requests on a Per Application Basis.  If permitted, extra charges will be assessed based on the resource requirements needed for proper system function.

Commercial Advertising/ Mass Mailings/SPAM - One must not use the SigmAGamEHostinG!, its Email Address or her equipment in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited, email messages. One's Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mails from any other service in any negatively impacting way.  A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested or invited the message. As we are very firm on SPAM-related incidences, merely making one's email address accessible to the public does not constitute a request or invitation to receive messages or emails. These will be classed under unsolicited email spamming and severe action will be taken against the offender.

Bandwidth Usage - For dedicated servers and webhosting, the user must adhere to the policy that their bandwidth usage should not exceed the amount that are allocated to them.  Customers are given the choice to upgrade their service or reduce their usage in the case of overutilisation of bandwidth.  Customers will be charged SGD$5 per gigabyte of data transfer in excess of bandwidth allocated to them.  As for gameservers, there is no policy that governs excess bandwidth usage, unless the gameserver is hosted under a dedicated server which already has fixed bandwidth allocation, as the prioritising of the bandwidth is the responsibility of SigmAGamEHostinG! if one's gameserver is hosted under us.

Network Security - Customers must not use SigmAGamEHostinG! with an attempt to circumvent user authentication or security of any host or third-party, network, or account. This includes, but is not limited to, accessing of data not intended for the Customer, logging into or bruteforcing one's way into a Server or Account the Customer is not expressedly authorised to access, password cracking, "probing" the security of other networks in search of "holes" that can be breached, or the violation of any other organization's declared security policy. Customers may not attempt to interfere or deny service to any User, Host or Network. This includes, but is not limited to, flooding, mail bombing, dossing, ddossing, or other deliberate attempts to overload or crash a Host or Network. SigmAGamEHostinG! will cooperate fully with the Singapore Law and other relevant authorities to investigate violations of system or network security at other sites, in the case of suspected criminal acts.

 

3. Service Policy

Service Interruption - Customer must understand and agree that there will be occasional temporary interruption of any Internet Service as normal events in the provision of the Internet Services.  SigmAGamEHostinG! will strive to prevent such disruptions, but under no circumstances will SigmAGamEHostinG! be held liable for any financial damages or other unintentional losses due to such interruptions. In no event shall SigmAGamEHostinG! be liable to any one individual for special, incidental, consequential or punitive damages of any kind, including, without limitation, refund of fees, loss of profits, loss of income or cost of replacement services.

Refusal of Service - SigmAGamEHostinG! reserves the right at her sole discretion to refuse or cancel service for any individual, company or corporation.  Violation of any of SigmAGamEHostinG! Acceptable Use Policies can result in a warning, a suspension, or in the most severe incidence - Account Termination.  Accounts terminated due to policy violations will not be refunded.

Service Cancellation - To authenticate a cancellation request, one must fill out the Cancellation Form Online. If not, one may fax or mail the cancellation notice to us.  One must include Account Email Address, Account Name, Account Password and the Domain on which one wishes to cancel hosting.  Cancellation request over the phone is not accepted for security reasons.

Payment - SigmAGamEHostinG! will assign payment due date to Customer on the first invoice. Payment is due by that date. A 10% late fee payment may be accessed 5 days after invoice is due. If Customers chooses to pay by credit card, Customer grants SigmAGamEHostinG! permission to charge payments to that card on the due date. Customer further agrees not to challenge or dispute any charge representing monthly payments.  In the event of defaults on payments, Customer's full balance for the duration of the contract would become due and payable immediately.  Failure to pay in no way relieves the Customer's obligations to make full payment. Customer shall be liable for all legal, collection and related expenses incurred by SigmAGamEHostinG! in the collection of any amount due. If payment is not received 30 days after the due date, SigmAGamEHostinG! reserves the rights to terminate, suspend or remove any services, which include, but are not limited to, databases, hosting and gameserver hosting. For hosting and databases, SigmAGamEHostinG! reserves the right to terminate or suspend the account and all web content may be removed.  In no event shall SigmAGamEHostinG! be liable to any person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refund of fees, loss of profit, loss of income or costof replacement services due to the termination or suspension of services due to non-payment.  All refunds will be given at the sole discretion of the SigmAGamEHostinG!.

Privacy Policy - SigmAGamEHostinG! ensures that all personal information voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by SigmAGamEHostinG!, its authorized representatives and employees. It will only be used for the strict purpose which it was intended, and for the benefit of the Subscriber. We solemnly promise not to share, rent, sell or release this information to any individual, entity or third-party, for any reason whatsoever, without the specific written consent of the Subscriber; with the exception of arbitration as required by Law, Regulatory or Governmental Authorities.

SigmAGamEHostinG! is committed to protecting and securing all Subscriber provided information through the use of firewalls and additional security measures in place at its physical facilities, to protect against the loss, misuse or alteration of such information.

 

4. Indemnification/Disclaimer

Indemnification - Customer agrees that it will protect, indemnify, save and hold SigmAGamEHostinG! harm-free from any end-all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against SigmAGamEHostinG!, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents or employees.  Customer agrees to defend, indemnify and hold SigmAGamEHostinG! harm-free against liabilities arising from  (1) any injury to person or property caused by any products sold or distributed in association with SigmAGamEHostinG! services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from SigmAGamEHostinG! services.

Disclaimer - SigmAGamEHostinG! will not be responsible for any damages one's business may suffer.  SigmAGamEHostinG! makes no warranties of any kind, expressed or implied, for the services we provide.  SigmAGamEHostinG! disclaims any warranty or merchantability or fitness for a particular purpose.  This includes loss of data resulting from delays, non-deliveries, wrong deliveries, or any end-all service interruptions caused by SigmAGamEHostinG! and its employees.  SigmAGamEHostinG! reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

SigmAGamEHostinG! furthermore expects that its Customers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer's failure to comply with those laws will violate this policy. Finally, SigmAGamEHostinG! wishes to emphasise that in accepting our services, Customers indemnify SigmAGamEHostinG! for the violation of any law or SigmAGamEHostinG! policy, that results in loss to SigmAGamEHostinG! or the bringing of any claim against SigmAGamEHostinG!. This means that if SigmAGamEHostinG! is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against SigmAGamEHostinG!, plus costs and reasonable attorneys' fees.

SigmAGamEHostinG! reserves the right at its sole discretion to refuse or cancel any service without warning if a customer fails to follow any rules, guidelines or policies in this agreement. SigmAGamEHostinG! shall not be liable for any loss, damage, liability, claim or expense arising out of or in relation to this Contract. The contents of the service agreement may change from time to time and all customers are required to read and comply with this service agreement at all time.

 

- End of SigmAGamEHostinG! Acceptable Use Policy and Terms of Service -

 

 

 

January 5, 2009