The Asporea Acceptable Use Policy (“AUP”) is provided to give The Customer and users a clear understanding of what Asporea expects of them while using any Asporea hosting service. While Asporea is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Asporea, the Internet and cannot be permitted under the guise of free speech. The resources of Asporea and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
If you are the operator of a hosting service with Asporea, it is a condition of the continuance of your hosting service that you agree with and agree to adhere to any and all conditions of this AUP.
1. WHO DOES THIS POLICY APPLY TO?
1.1 – The AUP applies to all users of Asporea services who:
2. WHAT SERVICES ARE COVERED BY THIS POLICY?
2.1 – All hosting services provided by Asporea to The Customer. Failure to comply with this AUP will be considered a breach of the AUP and will be handled in accordance with the Asporea Terms of Service.
3. WHAT IS THE PURPOSE OF THIS AUP?
3.1 – The enforcement of Asporea’s AUP is designed to:
4. HOW WILL WE ENFORCE THIS AUP?
4.1 Service Monitoring – We routinely monitor the activity of accounts for the purposes of measuring system resource utilisation, the preparation of billing records, and to maintain the security of files being transferred to and from our services. This monitoring may result in us further investigating a hosting service and we will respond appropriately if we become aware of inappropriate use of the service.
4.2 Reporting Violations of this AUP – Asporea requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at [email protected]
When submitting your request, please provide the following information:
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Asporea may take any one or more of the following actions in response to complaints:
5. WHAT CONSTITUTES UNACCEPTABLE USE?
5.1 Prohibited or Restricted Content – You may not use an Asporea hosting service to:
5.1.1 – Publish content that is deemed to be unlawful, indecent or objectionable. This includes without limitation narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Pornographic content and sex-related merchandising are prohibited on all Asporea services. This includes sites that may infer sexual content or links to adult content elsewhere. Asporea will be the sole arbiter in determining violations of this provision.
5.1.2 – Publish content that promotes or links to sites that promote any illegal activity or activity that may be damaging to Asporea services or any other service on the Internet. Examples of unacceptable content or links without limitation are:
5.1.3 – Publish or transmit content that results in, or could result in, damage to property or injury to any person or that infringes on any person’s rights or constitutes harassment or misuse of any person’s confidential information.
5.1.4 – Collect, or attempt to collect, personal information about third parties without their knowledge or consent.
5.1.5 – Publish content that enables a minor to access material inappropriate for a minor or to establish or try to establish contact with a minor not otherwise known to you.
5.1.6 – Publish or transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
5.1.7 – Store or publish content or applications that affect the ability of other people or systems to use Asporea Services or the Internet. This includes “denial of service” (DOS) attacks against other network hosts or individual users.
5.1.8 – Gain unauthorized access to and/or use of another company and/or individual’s computer system or network.
5.1.9 – engage in any misleading or deceptive business or marketing practice or that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities.
5.2 Unsolicited Email Advertising (SPAM) – Asporea strictly prohibits the use of its services for the purpose of sending of unsolicited, unwanted or inappropriate messages via email. This includes the sending of email to mailing lists that contain email addresses obtained without the knowledge or consent of the recipient as well as email addresses that have been requested to be removed from any lists by the recipient.
5.3 Shared Hosting Space – Shared hosting services are designed to be used for hosting websites. The use of a shared hosting service for online storage, backups or archival of electronic files including documents, log files, binary files or any files otherwise is strictly prohibited.
6. REVISIONS TO THIS AUP
6.1 Asporea reserves the right to revise, amend, or modify this AUP without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). Your continued use of the service following notice of such modifications shall be deemed to be your acceptance of any such modification.
7.1 This AUP shall be governed by and construed in accordance with the laws of Hong Kong S.A.R., without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
7.2 In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
7.3 Asporea’s failure to insist upon or enforce strict adherence to any portion of this AUP shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.