This AUP governs the use of OmniVPS’s web hosting service.  Violation of this AUP may result in suspension or termination of your service.  In the event of a dispute between you and OmniVPS regarding the interpretation of this AUP, OmniVPS’s interpretation, in its reasonable commercial judgment, shall govern.  If you have any questions regarding this AUP, contact OmniVPS.

OmniVPS's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what OmniVPS expects of them while using the service. All users of OmniVPS's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of OmniVPS’s Service constitutes acceptance and agreement to OmniVPS's AUP as well as OmniVPS's TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To OmniVPS Are Non-Refundable*

Table of Contents

Offensive Content

Security

Bulk Commercial E-Mail

Unsolicited E-Mail

Material Protected by Copyright

Copyright Infringement Notice

Other

Disclaimer

**Internet Abuse**

**Newsgroup, Chat Forums, Other Networks**

Offensive Content

You may not publish or transmit via OmniVPS’s service any content that OmniVPS reasonably believes:

·        constitutes child pornography;

·        constitutes pornography;

·        is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

·        is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; 

·        is defamatory or violates a person’s privacy;

·        creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security,  or interferes with a investigation by law enforcement;

·        improperly exposes trade secrets or other confidential or proprietary information of another person;

·        is intended to assist others in defeating technical copyright protections;

·        clearly infringes on another person’s trade or service mark, patent, or other property right;

·        promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

·        is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to OmniVPS; or

·        is otherwise malicious, fraudulent, or may result in retaliation against OmniVPS by offended viewers.

Content “published or transmitted” via OmniVPS’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by OmniVPS.

Security

You must take reasonable security precautions.  You must protect the confidentiality of your password, and you should change your password periodically.

Unauthorized access

Use of the OmniVPS service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of OmniVPS's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending OmniVPS account is subject to immediate termination.

Bulk Commercial E-Mail

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending OmniVPS account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the OmniVPS service is in violation of this AUP.

Usenet SPAMing: OmniVPS has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

You must obtain OmniVPS’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to OmniVPS’s reasonable satisfaction:

·        Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

·        Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

·        You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and OmniVPS’s requests to produce consent evidence within 72 hours of receipt of the request.

·        The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@yourdomain.com.

·        You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line.  Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

·        You must post an This e-mail address is being protected from spam bots, you need JavaScript enabled to view it e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

·        You must have a Privacy Policy posted for each domain associated with the mailing;

·        You have the means to track anonymous complaints;

·        You may not obscure the source of your e-mail in any manner.  Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and

·        You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your OmniVPS service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your OmniVPS service.  In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

OmniVPS may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your OmniVPS’s services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

·        you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

·        you are otherwise permitted by established United States copyright law or Republic of Indonesia copyright law to copy the work in that manner.

OmniVPS will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the OmniVPS network, please send your written notice of copyright infringement to:

OmniVPS

Ruko Nirwana Sunter Asri Tahap III Blok J1 / 7

Jakarta 14350

Fax: +62.2165304755

e-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Your notice must include the following:

·        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·        Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

·        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OmniVPS to locate the material;

·        Information reasonably sufficient to permit OmniVPS to contact you, such as an address, telephone number, and, if available, an e-mail address;

·        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;

·        A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Collection of personal data

Use of the OmniVPS service to collect, or attempt to collect, personal information about third parties without their knowledge or consent, is expressly prohibited and the offending OmniVPS account is subject to immediate termination.

Network disruptions and unfriendly activity

Use of the OmniVPS service for any activity which affects the ability of other people or systems to use OmniVPS Services or the Internet is expressly prohibited and the offending OmniVPS account is subject to immediate termination. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. OmniVPS will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud

You are strictly not allowed to be involved in a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Distribution of Viruses

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.

Inappropriate Use of Software

Use of software or any device that would facilitate a continued connection, i.e. pinging, while using OmniVPS services could result in suspension of service.

Third Party Accountability

OmniVPS subscribers will be held responsible and accountable for any activity by third parties, using their accounts, that violates guidelines created within the Acceptable Use Policy.

IRC, Game servers and other Resource Hungry application

It is absolutely forbidden to host IRC clients and servers, Game Servers or other Resource Hungry application (such as streaming video or audio, Chinese forums) on Regular VPS. Basically IRC in any form is not permitted in Regular VPS. Regular VPS found hosting these materials will be subject to immediate cancellation without refund. Those who want to host these materials are requested to go for dedicated server or Special VPS for those purposes.

Resellers

Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, OmniVPS will suspend the offending site and let the reseller know. Resellers are responsible for anything their clients do. If you have any questions or concerns in regards to what is allowed and not allowed open a ticket with the helpdesk at http://www.OmniVPS.com/

Egg Drop

Egg Drop Scripts without our consent are Not allowed. These are grounds for immediate account deletion without a refund.

Remote MySQL Access

Accessing Your MySQL Databases from another server or linking to them without our consent is prohibited. If your databases are accessed via other servers without our consent the account will be suspended without notice and or terminated.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

·        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 (including those belonging to OmniVPS and its customers) without express authorization of the owner of the system or network;

·        monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

·        Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

·        Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

·        Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

·        Any conduct that is likely to result in retaliation against the OmniVPS’s network.

·        Use of OmniVPS’s network in a way that unreasonably interferes with OmniVPS’s other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings.  These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the OmniVPS network.

Disclaimer

OmniVPS is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the OmniVPS network.

Inquiries regarding this policy should be directed to administrator at OmniVPS.