All users of iSpace, and all customers upon signing up for iSpace, agree to comply with iSpace’s Terms of Use (“TOU”). The spirit of the TOU is to ensure customers are using iSpace with due regard to the rights of other Internet users and in conformity with the requirements of iSpace’ network environment. The TOU are not exhaustive and iSpace services reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.icrusader.com.hk or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to abuse@icrusader.com.hk . The TOU supersedes any other agreement with iSpace, whether written, oral, by conduct, or otherwise. The following Terms of Use apply to all iSpace customers.
User Restrictions
Server Resources --
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server. iSpace will be the sole arbiter of what is considered to be a high server usage level. Any users deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Spamming --
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to iSpace’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a iSpace server, and selling or distributing software (on a Web site residing on a iSpace server) that facilitates spamming. Violators will face immediate suspension.
iSpace reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Scripts --
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. iSpace does not permit any scripts (include ASP, PHP, ASP.NET) sharing with domains not hosted by iSpace or any scripts that may be abused for UCE purposes.
Chat Rooms --
iSpace does not allow Web Hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
BBS --
iSpace allow BBS operated by Web space customers , but need to obey Server Resources were fairly use.
Software Distribution --
iSpace’ users are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact support@icrusader.com.hk to make special arrangements
Multimedia Files --
Multimedia files are defined as any graphics, audio, and video files. iSpace’s users are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing
multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia file.
Generals
iSpace --
iSpace include, but are not limited to:
1. Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account
(including all billing data and the space on the particular Web server that iSpace provides to customers);
2. Any use by customers, or any access provided to customers by iSpace, of computing, telecommunications, software,information,
hardware, and equipment;
3. Any act, or provision of any service, by iSpace to customers, related to Web hosting and domain name registrations
(including server usage and technical support), regard-less of duration and whether paid for or not;
4. Any provision by iSpace to customers, of any space, Internet connectivity, or electrical power;
5. Any access or use related to the iSpace’ Web site, including the Web site itself;
6. Any other service mentioned in the TOU;
7. Any other service provided by iSpace to customers, whether used or not;
8. Any other iSpace that are used by customers, whether offered or provided by iSpace to customers.
Ownership of Web Site --
The legal owner of customers’ Web sites and accounts with iSpace Solutions will be the individual or organization whose name is listed in iSpace database as the owner. Customers will fully cooperate with and abide by any and all of iSpace ‘s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with iSpace.
Illegal Use --
iSpace servers may be used for lawful purposes only. Transmission, storage, or distribution of any
information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intel-lectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
System and Network Abuse --
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the follow-ing: 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 without express 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; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities --
Use of iSpace or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use iSpace and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Adult Content --
Pornography and sex-related merchandising are prohibited on iSpace’s servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Child Pornography --
The use of iSpace services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. iSpace is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy --
iCrusader is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, iSpace urges its customers to assume that all of their on-line communications are insecure. iSpace cannot take any responsibility for the security of information transmitted over iSpace’s facilities. Additional details on privacy and iSpace’s use of customer information can be found in iSpace’s Privacy Statement located here.
LIMITATION OF LIABILITY --
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL iSpace WEB HOSTING SERVICES (INCLUDING, WITH-OUT LIMITATION, iSpace‘S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT
COMPANIES, SUBSIDIAR-IES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS iSpace WEB HOSTING SERVICES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANY-ONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING iSpace WEB HOSTING SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR iSpace WEB HOSTING SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY iSpace WEB HOSTING SERVICES EVEN IF iSpace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iSpace‘S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR iSpace SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY iSpace SERVICES OR iSpace‘S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications --
iSpace may discontinue, upgrade, replace, modify, or change in any way, without limitation, any
software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with iSpace WEB Hosting services. Certain changes to iSpace WEB Hosting services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and iSpace is not liable, for any and all such personalized applications and content, except as expressly agreed to by iSpace.
Backup of Data --
Except where iSpace has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and
iSpace is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with iSpace.
