Acceptable Use Policy (AUP)

As a webhosting service provider, First web offers a platform for its clients and related users to disseminate information to the public. First web believe that Internet provides a forum for open discussion and sharing of information but we also emphases the right to take preventive action when there is event of competing interest issue arises. In order to protect these competing interest, First web has develop an Acceptable Use Policy (AUP) , which serves as a guideline for customers to understand better about their rights and obligation when enjoying the services provided by First web. Clients are advised to check the AUP regularly as it will be revised, when it is deemed necessary to meet market condition.

We appreciate you to understand the fact that no one owns Internet and thus, no one has absolute control over it. Thus, we appreciate every user to place high level of judgement on the information posted on the Internet and we expect users to take the full responsibility over the information disseminated on the web.

We would like to declare that First web does not review, edit, censor or take any responsibility over the information posted to the Internet by its clients. Thus, we hope the clients to understand that they have liable for copyright infringement, defamation and other harmful speech when disseminating infromtion through the Internet. Since the information was carried over First web network, it is believed to be reached by large group of public which may negatively affect First web goodwill, business reputation and operation. Below is a list of activities that are prohibited based on First web policy and service agreement:

UCE / SPAM

First web will not tolerate the abuse and misuse of email. This policy covers all servers and domain on our network.

Definition of UCE (Unsolicited Commercial E-mail), or spam:

• Any bulk promotional materials or invitation sent in the form of email that advertise by IP address that belongs to Firstweb.
• Intentioned posting to advertise by IP or URL hosted by Firstweb.
• Refer a ghost site that is no longer maintained but that remains available for viewing to visitor which IP hosted by Firstweb.
• The use of any software or program that is designed to facilitate spamming.
• Mask the true message by mis-presenting parts or entire header message.

First web prohibits the use of 3rd party mailing list and FFA’s to curb the problem of increasing risk to our network. See our mailing list management principals for managing your own lists. Examples that we do not allow include but are not limited to:

• Safe list
• Purchased / Sold mailing lists
• FFA’s

Impacts to Firstweb Network:

Besides overloading First web network and resources, Spam can negatively affect consumers’ attitudes towards First web and it may result in our network being blocked and affecting other users.

Consequences/ Penalties for Spamming:

We assume that all clients of First web are acceptable and understand about this policy and First web reserves the right to terminate service to whichever account that violates this policy without prior notice.

At its option, First web assumes to have the right to charge its client $25.00 per spam complaint. If the owner is a reseller, he/she can choose to pass the charges to their clients, if appropriate. Kindly note that these charges are non refundable and will be invoiced at time of complaint notification received. Thus, the resellers/ its clients are assumed the responsibility to manage the email so as to ensure that they comply with our policies.

First web reserves the right to classify “spam”, “UCE”, “mail bombing” or “bulk email” and to determine whether the recipients are under the “opt-in” email list based on the available evident.

If you choose to email from First web servers, especially for those using mailing lists, please read and adhere the following guidelines to prevent email abuse.

Basic Mailing List Management Principles for Preventing Abuse

Mailing list is an effective marketing tool that acts like a distributing vehicle that targets information to interested and receptive audience.

Unfortunately, mailing lists have been misused by some marketers who do not have complete understanding about the Internet customs and rules of the forum pertaining to e-mail. Some may fail to take prevention action to avoid the lists they managed from being used in an abusive manner.

• We will need the new subscribers to confirm and verify the email addresses before mailings commence. This will be done by sending email message to subscriber to which he/she must reply, or containing a URL which he/she must visit in order to complete the subscription.
• Administrators of mailing list need to provide a simple method for subscriber to terminate their subscription which a clear and effective instruction for users to unsubscribe from the mailing list. The list must be ceased promptly upon termination of subscription.
• Mailing list administrator should allow subscription to be terminated via returned email if users are unable to follow standard automated procedures.
• Preventive actions need to be taken by mailing list administrators in order to avoid abusive use of the mailing list. For example, a “suppression list” of email addresses can be maintained which include the email addresses for all subscription request which was rejected. The addition of email addresses to suppression list was done upon request by the party entitled to use the addresses at issue. This is to prevent subscription of addresses appearing on the suppression list by unauthorised third parties. Authorised domain administrators have the option to suppress all mailings to the domains for which they are responsible.
• Adequate disclosure about how the subscribers’ addresses will be used need to be done by mailing list administrator, whether is it being sold or traded with other parties. Please note that once the mailing list is sold, it can no longer be an opt-in mailing list, thus, it is important to examine the terms and conditions when acquiring “opt-in” mailing list from others.
• Disclosures about the nature of their mailing list, such as the subject matter of the lists and anticipated frequency of messages need to be made adequately by the mailing list administrators. A substantial change in either the subject matter or frequency of message may result a creation of new mailing list which requires a separate subscription. A notification about the new mailing list should be sent to existing mailing list but the existing subscribers should never be subscribed automatically to the new list.
• A proper list management procedures need to be maintained by mailing list administrators in order to minimise the impact of the mailings on the networks and hosts. The procedures include pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

Shared Resource Abuse

First web allows customers to use CGI, PHP, Perl and many other normal processes for hosting on the Virtual Servers. However, as Virtual Server is shared among all users, we will need to limit the resource consumption for each user so as to maintain fairness among all users and to avoid unstable performance. Any case where the consumption of resources is excessive as it affect other customers’ performance, it will be considered as resource abuse.

We do not permit the hosting of excessive Movies, MP3 Anime and Torrent Files. Sites that using their accounts for backup storage or provide as mirror distribution, file download services are also not permitted. Sites violent of policy may have their files removed without notice. Accounts that repeately ignore this warning will be suspended.

What does Firstweb consider "System Resource ABUSE"?

Excessive amount of system resource is defined when the server performance has a substantial degrade due to excessive resources are consumed. First web is the sole determinant of what constitutes to the degrade in server performance.

Although our Reseller plans have larger disk space and bandwidth availability, these accounts are intended for small to medium sized web sites and traffic loads. The Reseller Accounts are not intended for large, busy , resource intensive web sites and they will be suspended if found impacting server performance. Large busy sites, especially those using databases, usually require a dedicated solution due to resource usage.

Examples include, but are not limited to

Flat File Database Driven Forums

Due to their use of flat files instead of databases, Firstweb does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. Firstweb suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards. Busy sites with large forums and data bases are not suited to a shared server environment.

Background Running Processes

Background Daemons in general are prohibited on Firstweb Network servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Cron Jobs

We allow customers to set up cron jobs to perform routine functions automatically. Due to the impact on the server, running some automated processes can take up considerable server resources and in those cases, our technicians may disable the cron job.

Mailing Lists

We have a strict policy regarding use/spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Virtual Servers (including the Bulk Reseller servers).

Maximum Email Attachment Size

The maximum email size (which inclide email content, header, attachment, etc) we allowed in our share hosting mail server is 20MB per email.

Maximum MYSQL Database Size

We allow unlimited number of MySQL databases, but in the interest of server stability, you have to try to keep them optimized, less than 3000 tables per database or less than a total of 5000 tables combination of all databases per hosting account and less than a total 5 GB size combination of all databases per account, whichever is lower.

Archive or Backup Storage

Using shared hosting account as a backup/storage device is not permitted. This includes but not limited to Video, Music, ISO, archiving of electronic files, log files.

Exploitable Scripts

Unfortunately, many commonly used scripts can be exploited to allow unauthorized users into our systems. Consequently we may on occasion need to ban and consequently disable these scripts. You can view the most current exploits on our banned-scripts page. Peer to peer file sharing application

• RapidShare
• RapidLeech

Other

Other resource intensive scripts (depending on traffic) include but not limited to:

• adcycle

Other applications that are prohibited on our virtual servers include but are not limited to:

• Offsite search engines
• Proxy Scripts/Anonymizers
• Scraper sites
• Realtime chat
• Pirated Software/Warez
• Providing 'tracker' services to 'BitTorrent' clients
• Search Engine Optimization (SEO) farms
• Black Hat SEO
• Telnet scripts
• AutoSurf/PTC/PTS/PPC sites
• Shoutboxes
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Commercial Audio Streaming (more than one streams)
• Sites promoting illegal activities
• Chatboxes and other web based chat programs
• File Dump/Mirror Scripts (similar to rapidshare)
• Affiliate servers
• Topsites
• Image Hosting
• Spamdexing

Why does Firstweb have this policy?

In order to maintain fair server speed among all users, First web will not allow few numbers of client to use all the system resources on a shared machine in the expenses on others users. The excessive consumption by 1 or more client will lead to extremely slow in all areas such as FTP, SSH, Web Site and more.

What happens if I violate this policy?

Firsweb will notify you via email if you are using excessive amount of system resources. Besides notification, First web also provide options to reduce the usage or package available to upgrade your account. If the condition is severe, First web reserve the right to suspend the account or process immediately in order to bring the performance back to acceptable level.

Illegal Activities

Intellectual Property Violations

Involve activities such as copyrights, trademarks, software piracy, and patents of individuals, corporations or entities. First web has policy that abides by law which is removing or blocking the access to customer content upon the receipt of the notice of copyright infringement. First web reserves the right to terminate the privileges of customers who commit violation of copyright laws repeatedly. Kindly refer to our copyright infringement policy for more information.

Illegal or Unauthorized Access to Other Computers or Networks

Also known as “hacking”, which include the attempt to access one’s computer, account, or network without authorization or activity involve the attempt to penetrate security measure of third party’s system.

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

Any activities that are considered as illegal such as pyramid schemes or attempts in any fraudulent credit card charging and pirating software.

Defamatory or Abusive Language

Any forms of discrimination, defamatory, harassing and abusive language or remark are prohibited in First web network.

Refund Policy?

• Only new order of annually products eligible 60 days of refund. This is not including renew & transfer of products.
• In no event will you be eligible for more than one refund for the same product.
• A product must be cancelled before we can issue a refund.
• All refund requests must include the reason you are asking for a refund.
• In the event your purchased product includes a free domain name, if you cancel the purchased product, the standard price for the domain name will be deducted from the refund amount.

Products & Services Available for Refund:

• Personal Hosting
• Business Hosting
• Enterprise Hosting

Abuse reporting

We hope that above AUP has clearly explained the obligations of Internet users, including First web and its clients. As a responsible Internet users. please send any complaints to abuse@1webdesignstudio.net should you find any clients’ violation of above AUP.