POLICIES

Acceptable Use Policy

All customers and users (you, your) of the services and products provided by or through Asia.Cloud (Asia.Cloud, we, us, our) agree to comply with this Acceptable Use Policy (AUP), it is part of your contract with us. Your use of the Asia.Cloud services and products constitutes your acceptance of this AUP.

This AUP reflects the possible uses of our products and services at the time it was drafted. This AUP is not static. Updating and enhancing these products and services, along with changes in the way these products and services may be used, requires us to update our AUP from time-to-time. The most current AUP will always be posted here. It is your responsibility to check this site often to be aware of the most current policy. If we change this AUP in a material manner, we will provide you with notice via email.

1. Accurate Information

   You are required to provide us with accurate information. This requirement includes information you provide to us during sign up, in communications with us, through trouble tickets and in our control panel. Failure to provide us with accurate information is a material breach of this contract and, if not cured within the time set out in your Terms of Service (TOS), will lead to Termination. We have no liability for losses incurred by you resulting from your failure to keep your information accurate and current.

2. Use of our Products and Services

   Our products and services may only be used for: (i) legal purposes; and (ii) those purposes that are generally accepted by the Internet community at the time we contact you. It is your obligation to monitor your use. We have the right, in our sole discretion, to refuse to provide the products and services based on your prohibited activities. Based on the evolving nature of the Internet, it is not possible for us to list all prohibited activities here. This AUP should be used as a baseline to determine whether a particular use is permitted, but there may be uses not explicitly set out here that are still unlawful or unauthorized by us. We will contact you by email should you violate this AUP. You will be given an opportunity to cure this violation. If the violation endangers the products and/or services, or our other customers, we may immediately suspend you. If you fail to take the actions set out in our email, within the time period set out in it, we may terminate your account.

   Customer understands that Asia.cloud hosting services are unmanaged and that it is the customer's responsibility to adhere to their local and government Internet policies for use of our services. The Customer also understands that Asia.cloud will not aid in circumventing their local and government policies.

   1. Fraud Prevention and Security Screening

      Asia.Cloud uses multiple technologies to screen orders for fraud. Each request for new or additional Services is subject to fraud screening. Asia.Cloud is not obligated to provide the Services to Customer unless and until the information Customer provides to Asia.Cloud satisfies Asia.Cloud's fraud prevention controls. Should Customer fail to satisfy Asia.Cloud's fraud controls, Customer may remain responsible for Third Party Services ordered. Asia.Cloud is not responsible, and Customer agrees to hold Asia.Cloud harmless from, any liability or damage that Customer or any third party may sustain, should Customer fail to meet the criteria of the fraud prevention controls.

      In addition, use of our products and services in the following email activities is strictly prohibited:

      1. Transmitting material prohibited by law;
      2. Receiving or collecting responses to SPAM or other unsolicited commercial email; and
      3. Functioning as a linked site listed in SPAM or other unsolicited commercial email.

      To report violations of this paragraph 2.1, please contact: [email protected]

   2. Intellectual Property Protection
      1. Copyright

         Use of our service to transmit any material that infringes any copyright, trademark, trade secret, patent, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of copyrighted materials, and the unauthorized transmittal of copyrighted software is strictly prohibited.

         If you believe that our customer has infringed your copyright you may submit a notice to our designated agent at:

         Asia.Cloud Hosting Ltd.
         Attn: Legal Department
         Unit A, 21st Floor, 128 Wellington Street
         Central, Hong Kong

      2. Other intellectual property

         Our products and services must be used in a manner that respects the intellectual property rights of others. You are in material breach of the TOS if we determine that you are infringing the intellectual property rights of others, or have otherwise violated their intellectual property rights. If this infringement is not cured within the time set out in our TOS, the TOS will be terminated. If you believe that our products and/or services are being used in a manner that infringes your intellectual property, you may contact us at the address at the end of this AUP.

   3. Content

      You are responsible for the content you upload or transmit using our products and services. You agree to indemnify and hold us harmless for any claim made against us based on that content, according to the terms of our TOS. If you do not respond to our requests to remove or disable content that is in violation of this AUP, or any of our other polices, we reserve the right disable services. We have no liability whatsoever for damages that result when we take action based on this paragraph 2.3. Customers who violate this paragraph 2.3 will be charged a $500 USD fee for each violation.

      The following list of prohibited activities is not exhaustive, but is intended as a guide for your use of our products and services:

      1. Hosting or transmitting pornographic material and/or escort services related content;
      2. Hosting or transmitting child pornography, child erotica or material depicting bestiality, or written descriptions of any of these activities;
      3. Importing or exporting any material prohibited by law;
      4. Facilitating, encouraging or providing assistance to any activity that engages in hacking, spreading viruses or compromises security;
      5. Hosting, transmitting, distributing any material that sponsors, assists in, or encourages unlawful use or threatened use of force or violence against persons or property, intimidation or coercing a government, any civilian population or any segment thereof, in furtherance of political or social objectives.
      6. Facilitating, encouraging or providing assistance to any activity that engages in defamation, slander, hate speech or any similar act;
      7. Facilitating or advertising gambling, or any facsimile of gambling;
      8. Engaging in, or facilitating pyramid or multi-level marketing programs;
      9. Monitoring the communications of others, including, but not limited to, sniffing;
      10. Violating the intellectual property rights of others;
      11. Actions that might subject us to unfavorable regulatory action, liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion;
      12. Soliciting the performance of or directly facilitating any illegal activity;
      13. Instructing others in prohibited activities; and/or
      14. Undermining the stability of our network, our other customers, or the Internet as a whole.

3. IP Addresses

   The IP addresses we assign to you are the only IP addresses you may use in connection with our services. We own these IP addresses or have obtained the rights to use these IP addresses, reserve the right to change them, and recycle them accordingly. You may not assign or transfer these IP addresses. Your use of any IP address that was not assigned to you by us is grounds for suspension of your use of our services.

4. Requests for Information

   Our use and dissemination of information we receive from you is governed by our privacy policy. If you request information from us about other customers, you should assume that unless expressly required by law, your request is not confidential, and will be shared with such customers. Individuals and entities, who request information about our products and services, and their use by our customers, must demonstrate that they are legally entitled to this information. Requests for information, including subpoenas, will be honored only if they are part of a filed and pending matter. You will be charged our technical assistance fee of $275 USD per hour to process your request, and are responsible for any legal fees we incur when responding to your request. Please direct correspondence about this paragraph to:

   Asia.Cloud Hosting Ltd.
   Attn: Legal Department
   Unit A, 21st Floor, 128 Wellington Street
   Central, Hong Kong

   Entities that provide products and services to you through us may have different privacy policies. We can provide links to those policies upon your request.

5. Other Information

   If you believe that one of our customers has violated this AUP, you may contact us at the address below. We do not respond to anonymous complaints or requests, and do not honor requests that correspondence sent to this address be kept confidential. You can send email to [email protected] or contact us at:

   Asia.Cloud Hosting Ltd.
   Attn: Legal Department
   Unit A, 21st Floor, 128 Wellington Street
   Central, Hong Kong

Last updated November 28, 2018