Terms of Service

Terms of Service

Use of Fivio Service constitutes acceptance and agreement to Fivio’s AUP as well as Fivio’s TOS (Terms of Service) Fivio reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Fivio’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To Fivio Are Non-Refundable*We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Fivio may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Fivio account or other actions as detailed below without notice, based upon the nature of the violation. This document is intended to provide a basic understand of Fivio’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Fivio’s AUP. If an Fivio account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

Acceptable Use Policy (AUP)

Introduction
This AUP sets forth provisions of acceptable use of Fivio products and services. All Fivio users are required to comply with this policy, along with any and all applicable laws and regulations in full. This is in addition to any terms and conditions of applicable agreements. Fivio works to provide its customers with the highest quality services available, while respecting the standards that have been created both by the Internet community, and through legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated by Fivio. Fivio reserves the right to modify this AUP from time to time, without notice. Users are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to [email protected]

As an Internet Service Provider, it is not practical for Fivio to monitor the content of information passing through its network. Fivio exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages customers may suffer for any reason. Any persons or organizations, including Fivio customers, who publish material or information made accessible through Fivio are solely responsible for the content of such material and information, and are solely responsible to know and comply with the laws applicable to the publication of such materials and information. Fivio will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.

General Responsibilities
In addition to being responsible for their own actions, each Fivio customer is responsible for the activities of its customer base or end-users and, by accepting service from Fivio, agrees to inform its customers and/or end-users of this AUP or its own AUP, which must not be inconsistent with the terms herein.
Fivio customers may not misrepresent themselves to be someone they are not. Use of an identity other than one’s own (i.e. an alias or identity theft), or use of a stolen or fraudulent credit card, is grounds for immediate termination.

General Configuration
All systems which are connected to Fivio’s network shall be configured in accordance with industry standards, applicable laws, and regulations; and, in particular, must conform with approved RFC standards documents, which are published periodically by the IETF: http://www.ietf.org/rfc.html.
Systems on Fivio’s network may not be configured in any way which obscures system identification information.
Proxy servers of any kind must be configured to prevent unauthorized use.

Reporting
Customers of Fivio are responsible for immediately reporting any issue which could compromise the stability, service or security of any user or system connected to Fivio’s network.

Prohibited Use
These lists are intended to illustrate some, but not all, inappropriate and improper conduct, which are prohibited by Fivio .Illegal Use
Fivio’s services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. Fivio customers may not abuse or fraudulently use Fivio products and services, nor allow nor permit such use by others.

Child Pornography
It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, sexually explicit visual depiction of children.

Abuse
The following general actions are considered “abuse” and are prohibited:
General: Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). Fivio reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations. Distribution of Viruses: Intentional or unintentional distribution of software that attempts to cause damage or annoyance to persons, data, or computer systems. Fraudulent Activities: Intentional misrepresentation or misleading statement or activity made with the intent that the person receiving it will act upon it; or attempting to obtain service by any means with intent to avoid payment (E.g. “phishing”). Cracking: Attempting to circumvent authentication or security of any host, network, or account.Unauthorized Access to Other Computers, Accounts, or Networks: Attempting to access any computer resource belonging to another party, or attempting to penetrate security measures of other systems, including unauthorized monitoring or scanning of the networks of others.Network Sabotage: Any use of Fivio products and services to interfere with the use of Internet resources or Fivio’s network by other customers.Pyramid Schemes: A fraudulent system of achieving financial gain which requires an endless stream of recruits for success.
Unlawful Acts: Any use of Fivio products and services to violate the law or in aid of any unlawful act.

Security
Fivio users are expected configure their systems in a secure manner. Should a user’s system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), as well as fixing the exploited system. Customers may not interfere with services (e.g. a DoS Attack), whether intentionally or through neglect, of any other host, or network. The prevention of “unintentional attacks”, such as infection by and propagation of computer viruses, are the responsibility of every user. Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into Fivio’s network (i.e. in the form of incorrect routing or DNS information).

Email
Users are prohibited from engaging in improper use or distribution of email. Users are strictly prohibited from engaging in any of the following activities:
Sending UBE (“spam”) for any purpose whatsoever. Having third parties send out UBE on any user’s behalf (“spamvertizing”). Using Fivio facilities to receive replies from unsolicited emails (“drop-box” accounts).

Configuring any email server in such a way that it will accept third party emails for forwarding (“open mail relay”). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization. (E.g. SMTP AUTH) Mass or commercial email may be sent only to recipients who have expressly requested receipt of such emails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgments, and final confirmations (“confirmed opt-in”) must be adhered to in their entirety for any mass or commercial email to be considered permitted by Fivio.Note: Fivio discourages the sending of bulk mail, and only permits such mailings in rare cases, and then only after Confirmed Opt-In has been verified. In the absence of positive, verifiable proof to the contrary, which must be provided before the mail campaign is initiated, Fivio considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.

Elements of Notification:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially 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. [As an electronic signature, Fivio’s agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.] Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online 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 the service provider to locate the material. [Please include a URL such as http://… or ftp://… identifying the material or representative material. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and timezone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

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

Notices of claimed infringement should be directed to [email protected] Note: It is assumed that complainants have explicitly requested communication from the Fivio abuse department ([email protected]), and that such communication will be pre-authorized by the complainant. If email replies to the complainant are blocked, challenged, or otherwise frustrated, then Fivio will interpret this as a desire by the complainant to cease communication and to withdraw the claim.

Enforcement

Suspension and Termination
Fivio may immediately suspend or terminate the service of a customer as a result of the violation of any part of this policy through verbal or written notice, which may be provided through email or voicemail. Generally, Fivio will work to resolve violations of this AUP and ensure there are no future violations; however, Fivio reserves the right to suspend or terminate service based on the first violation.

Remuneration
Customers who violate any of the provisions of this policy may incur “clean-up” fees to cover the costs of handling AUP violations, complaints, and technician expenses. The amount of the fees may vary, but will be commensurate with the violations. Disclaimer of Liability Fivio has no practical ability to restrict conduct, communications or content which might violate this AUP prior to its transmission on Fivio’s network. In addition, Fivio cannot guarantee removal of any such communications or content after transmission. Therefore, Fivio does not assume liability to customers or others for any failure to enforce the terms of this AUP. Further, Fivio’s failure to enforce this policy in any instance in which it might have application does not constitute a waiver of Fivio’s rights.

Scheduled Downtime is any Fivio scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail or network updates to the Fivio forums with a minimum of 24 hours notice.

General Dedicated & Colocation Terms of Service

Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and Fivio Enterprise by opening an account, the subscriber agrees to the above stated terms. Anything that is not listed in the ToS is open to interpretation.

Content
All services provided by Fivio Enterprise , are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysian law is prohibited. This includes copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by traders or other laws. Any of the following is considered a violation of the terms of service:

1. IRC Software
2. Pirated software
3. Hacking sites
4. Warez Sites
5. Distribution of music files or any other material in which the account holder does not own the copyright.

Email Advertising
Spamming, i.e. the sending of unsolicited email, from any Fivio’s server or any server located on our network is STRICTLY prohibited. Server Abuse – Any attempts to undermine or cause harm to Fivio’s server or subscriber of Fivio Enterprise is strictly prohibited , Logging into a server or account that you are not authorized to access Accessing data or taking any action to obtain services not intended for you or your use Attempting to probe, scan or test the vulnerability of any system, subsystem or network Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System Interfering with, intercepting or expropriating any system, data or information Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

Server Abuse
Any attempts to undermine or cause harm to a Fivio’s server or subscriber of Fivio Enterprise is strictly prohibited including: Logging into a server or account that you are not authorized to access Accessing data or taking any action to obtain services not intended for you or your use Attempting to probe, scan or test the vulnerability of any system, subsystem or network Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System Interfering with, intercepting or expropriating any system, data or information Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

Account Setup, Termination, and Billing

Orders
Any orders regarding our server collocation or dedicated server must be informed 3 days in advance for us to setup a slot or a server for the following service .
Suspension of service due to overdue payment
Service will be interrupted if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of RM50 in order to re-enable your account.

Termination of service due to overdue payment
If the invoice is not paid within 30 days of the invoice date, the account will be terminated and all information & content within the account will be deleted.

General Webhosting Terms of Service

1. USER CONDUCT

Fivio Webhosting services may only be used for lawful purposes. Any use of these services which violates any federal, or international laws which may apply to Fivio Enterprise. While using the service, you may not: Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise o civil liability, or otherwise violate any federal or international law

2. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fivio Enterprise from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Fivio Enterprise, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

3. REFUSAL OR DISCONTINUANCE OF SERVICE

Fivio Enterprise reserves the right to refuse or discontinue service. Fivio Enterprise may deny your access to all or part of the service without notice if you have been engage in any activities that Fivio Webhosting believes to violates any of the terms and conditions in this agreement. Fivio Enterprise shall hold no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Fivio Enterprise has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Fivio Enterprise reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

4. NOTICE

Fivio Enterprise reserves the right to monitor any and all communications through or with our facilities.

5. IDENTIFICATION INFORMATION

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Fivio Enterprise with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

6. NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by Fivio Enterprise, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Fivio Enterprise. You agree to abide by any and all future Fivio Enterprise policy decisions.

7. SECURITY

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Fivio Enterprise immediately. You shall be held fully responsible for any misuse or compromise to your account for which Fivio Enterprise is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, Fivio Enterprise has the right to suspend access to the account pending an investigation and resolution. You also agree that Fivio Enterprise has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

8. BACKUP OF DATA

Your use of the service is at your sole risk. Fivio Enterprise is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Fivio Enterprise servers.

9. TRANSMITTAL OF MATERIALS

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Fivio Enterprise or any other service with reference to services obtained through Fivio Enterprise, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Fivio Enterprise, or any other party or parties resulting from any such conduct.

10. PAYMENT

You agree to supply appropriate payment for the services received from Fivio Enterprise, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed after the 30 day money back guarantee . You agree that until and unless you notify Fivio Enterprise of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Fivio Enterprise may apply the amount due to the provided card at any time. Fivio Enterprise agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.

11. ACKNOWLEDGEMENT

By placing and continuing to maintain or place information on Fivio Enterprise servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.