AUP Policy

OVERVIEW

MOZZIWARE SOLUTIONS is committed to providing services at a standard of excellence commensurate with the best practice in the industry.

MOZZIWARE SOLUTIONS (002344699-T)(hereinafter referred to as “MOZZIWARE SOLUTIONS”) is a Business organized and existing under the laws of Malaysia and having its registered address at Unit A-5-10, Empire Subang
Jalan SS16/1, Subang Jaya, 47500 Selangor, Malaysia.

MOZZIWARE SOLUTIONS 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. MOZZIWARE SOLUTIONS 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 MOZZIWARE SOLUTIONS. MOZZIWARE SOLUTIONS reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this webpage. Use of MOZZIWARE SOLUTIONS 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 MOZZIWARE SOLUTIONS 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, MOZZIWARE SOLUTIONS 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 Mozziware Solutions’ 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:

1. 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.

2. Unauthorized Monitoring

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

3. 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.

4. Forging

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

5. Offensive Material

Use of MOZZIWARE SOLUTIONS service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

6. Fraud

Use of MOZZIWARE SOLUTIONS service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.

7. Virus, Trojan and Malware Distribution

Use of MOZZIWARE SOLUTIONS 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, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.

8. Terrorism Activities

Use of MOZZIWARE SOLUTIONS 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.

9. System Resources Overload

Overload of MOZZIWARE SOLUTIONS 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.

10. 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 MOZZIWARE SOLUTIONS network, nor to collect responses from UCE or Spam regardless of whether sent over the MOZZIWARE SOLUTIONS 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.

11. 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.

12. 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.

13. 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.

14. Game Hosting Server

Mozziware Solutions strictly prohibits clients from hosting game servers on shared hosting. Game servers are only allowed to be installed and hosted on Windows Hyper-V based virtual private server (VPS) or dedicated servers platforms only. Please contact sales for more information on both solutions for hosting Game Servers.

15. Distributed Denial of Service (DDoS)

No Mozziware Solutions resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, Mozziware Solutions will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.

16. TOR Hosting Server

Use of MOZZIWARE SOLUTIONS Network/hosting to host “TOR” hosts / Onion network is prohibited as it may cause IPs in the same network to be blacklisted.

Investigation & Cancellation of Services

Mozziware Solutions reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. Mozziware Solutions 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, Mozziware Solutions 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 Mozziware Solutions 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. Mozziware Solutions 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.

Mozziware Solutions 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.

DDOS Attack Policy

DDoS Attacked (Being Attacked)

1) If a server’s IP is being DDOS, the said DDOS IP will be nullrouted/blackholed for a minimum of 24-48 hours.
NOTE: For servers with Anti DDoS subscribed, the mitigation process will be automatically performed and a notification will be sent to the server owner. Take note that the IP under mitigation would be IMCP disabled as part of our mitigation strategy. Therefore, the said server will appear to be unreachable when PING is performed.

2) The server hosting will only be released until it is relocated to a different network segment that has minimal DDoS mitigation service to try and protect the server from the current DDoS attacks.

3) If there is a second recurring DDOS attack, the server will be suspended to prevent a major network outage on all network devices and servers. A one-time fee of USD99/ RM300 is applicable to perform nullroute/ blackhole on the server to reinstate the server.

4) Should the same server is to be attacked for a third time,
Permanent Suspension will be enforced and hosting subscription will be terminated with no refund.

DDoS Attacking (Attacking Others)

1) If a server is found to be sending out attacking DDOS packets, the server will be put under suspension with the IPbeing nullrouted/ blackholed immediately. Customer will be alerted and will be required to investigate and perform the necessary fix on the compromised server. In order to do so, our support engineers will extend the ability for the server owner to connect the server’s RDC or SSH connection. Server will be reinstated upon confirmation that the root cause for the outgoing attacks are fixed and cleared.

NOTE: For Co-Location Server hosting, server owners will be required to send their engineers onsite to the data centre to perform the investigation and necessary fix before the server is reinstated.

2) The server hosting will be terminated and a Permanent Suspension notice will be sent to the server owner for any reoccurring outgoing attacks.

NOTE:
For Shared Hosting subscriptions, the first DDoS attack (incoming or outgoing) will be considered coincidental and will be released after 24 – 48 hours. If the account is attacked for the second time, a permanent suspension will be performed for the said subscription There will be no plea upon the final decision on the Permanent Suspension. Customer may request for the data backup link. AntiDDOS subscription is only applicable for the IP that is mitigated. Clients are recommended to subscribe to the Anti DDoS protection for all IP addresses under their server subscription. You may contact Sales for a discounted quote.

ILLEGAL ACTIVITIES

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Mozziware Solutions is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Mozziware Solutions policy to terminate the privileges of customers who commit repeat violations of copyright laws. Reference our copyright infringement policy for more information.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

BANNED SCRIPTS

Unfortunately, many good things are turned on us to be used for nefarious activities. Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.

Consequently, in order to keep Mozziware Solutions network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.

Whenever possible, we will notify our customers in advance. We will also attempt to keep this page updated with current scripts which will require removal from our shared servers and/or our network.
This list includes script/program names, reason for ban, who/what servers they are banned on (e.g. our Shared or Network wide) and provide alternative options for our customers whenever possible.

COPYRIGHT INFRINGEMENT / INTELLECTUAL PROPERTY

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Mozziware Solutions is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Mozziware Solutions policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Other activities Mozziware Solutions deemed to be harmful

Engaging in activities, whether lawful or unlawful, that Mozziware Solutions determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Mozziware Solutions will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Mozziware Solutions policy or applicable law. When Mozziware Solutions becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Mozziware Solutions also is concerned with the privacy of online communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Mozziware Solutions urges its clients to assume that all of their online communications are insecure. Mozziware Solutions cannot take any responsibility for the security of information transmitted over Mozziware Solutions facilities.

Mozziware Solutions will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Mozziware Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Mozziware Solutions may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Mozziware Solutions assumes no obligation to inform the client that client information has been provided and in some cases, may be prohibited by law from giving such notice. Finally, Mozziware Solutions may disclose client information or information transmitted over its network where necessary to protect Mozziware Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Mozziware Solutions and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP should be sent to abuse@mozziware.com.