1 Use
of Services and Resources
1.1 The
Customer shall use the Services only for lawful purposes and in compliance with all
applicable laws. The Customer and its
representatives shall not act, participate in or permit to be done any of the following.
(1) Misuse
or abuse any iAdvantages property or equipment or third party
equipment.
(2) Threaten
any harm to any individuals, including any iAdvantage staff and
representatives of other iAdvantage customers.
(3) Make
unauthorized use of or interfere with any property or equipment of
other iAdvantage customers.
(4) Engage
in any activity that is in violation of the law or third party rights
or assists
in any criminal activity with the use of the Services.
1.2 Any
Internet resources (including Internet protocol addresses) allocated by iAdvantage
to the Customer shall remain the property of iAdvantage. The
Customer has no right and title thereto. iAdvantage
reserves the right to withdraw any of the Internet resources at any time.
1.3 iAdvantage
shall have the right to investigate suspected violations of these Rules. If
iAdvantage is aware of or suspects possible violations, iAdvantage may carry out an
investigation which may include gathering information from the Customer, its users
and the complaining party. iAdvantage
shall have the right to deny access at the router level to the Customers equipment
during the investigation. If iAdvantage
believes, in its sole discretion, that a violation has occurred, it may take responsive
action. Such action may include, but
is not limited to, temporary or permanent denial of access to the Customers equipment,
and the suspension or termination of the Services. iAdvantage
has the right, in its discretion, to determine what action will be taken in response
to a violation.
2 Customer
Obligations
2.1 iAdvantage
shall notify the Customer of the commencement date when the Services become available
to the Customer. The Customer is required
to register in writing with iAdvantage equipment to be placed by it in the area allocated
to the Customer ("Customer Area").
2.2 The
Customer and its representatives shall keep the Customer Area clean at all times. It
is each Customers responsibility to keep the Customer Area free of debris and refuse.
2.3 Customer
shall not store any paper products or other combustible materials of any kind in the
Customer Area (other than equipment and software manuals).
2.4 The
Customer shall not bring any prohibited materials as defined below into the iAdvantage
Data Centre including:
(1)
Food, drink and tobacco products;
(2)
Explosive and hazardous materials;
(3) Alcohol,
illegal drugs and other intoxicants;
(4) Electro-magnetic
devices which could cause unreasonable interference
with computer and telecommunication equipment;
(5) Radioactive
materials and photographic equipment of any kind.
2.5 The
Customer is not allowed to send any messages or data for any illegal or improper purpose,
or which is of a menacing, defamatory, offensive, abusive, obscene or immoral nature
or character, or which infringes third party rights.
2.6 The
Customer is not allowed to set up any device or service to attract large volume of
inbound traffic from the internet which will unduly increase loading on iAdvantage
international links. Such device includes
but is not limited to Web or FTP (forward) proxy server.
2.7 The
Customer is prohibited to utilize the Services to compromise the security or tamper
with system resources or accounts on any computers in iAdvantage. Use
or distribution of tools designed for or which have the effect of compromising security
is prohibited. Examples of these tools
include, but are not limited to, password guessing programs, cracking tools or network
probing tools.
2.8 The Customer may be allocated with more than one set of IP addresses of same subnet, i.e. two or multiple sets of IP addresses of different subnets. In case of using different IP subnets, the Customer is not allowed to connect the corresponding switch ports with different IP subnets to a network hub or same VLAN of a network switch. This causes "Vlans Bridged" and in turn induces interfere to the network.
3 On-line
Conduct
3.1 It
shall be the responsibility of the Customer to edit, post and upload Web
content onto the Customers
server or servers in iAdvantage Data Centre.
iAdvantage exercises no control over
the content and the information passing
through the Customers Web site or sites. The Customer
shall be responsible for
ensuring that the content and information it and its users transmit
and receive
complies with all applicable laws and regulations and these Rules.
3.2 The
Customer may not store or distribute material which may be prohibited from time to
time by iAdvantage. Prohibited material
includes, but is not limited to, programs containing viruses or Trojan horses and
tools to compromise the security of other sites, and tools for collecting email addresses
for the use of sending bulk email.
3.3 Sending
unsolicited mail messages or communications in any form, including, without limitation,
commercial advertising and information announcements, is prohibited. Sending
unsolicited mails from another site advertising or implicating, directly or indirectly,
the use of any services hosted by the Customer in iAdvantage, is also prohibited. Continuing
to send unsolicited mails after being warned to stop by iAdvantage is considered harassment
and leads to suspension of the services to the Customer.
3.5 The
Customer is prohibited to engage in any activities or actions that infringe or
misappropriate the intellectual property rights of others, including, but not limited
to:
(1) using
third party copyrighted materials without appropriate permission;
(2) using
third party trademarks without appropriate permission or attribution;
(3) using
or distributing third party information protected as a trade secret information in
violation of any duty of confidentiality.
3.6 The
Customer is prohibited to engage in any activities or actions that would
violate
the personal privacy rights of others, including, but not limited to,
collecting and distributing information about internet users without their
permission, expect as permitted by applicable law.
3.7 The
Customer is prohibited to send, post or host harassing, abusive, libellous or
obscene materials or assist in any similar activities related thereto.
4 Access
to iAdvantage Data Centre and Customer Equipment
4.1 The
Customer shall register in advance with the Customer Registration Form the
individuals
who will access the iAdvantage Data Centre. The
Customer shall
give prior
written notice to iAdvantage of any changes to the list of representatives on the Customer
Registration Form.
4.2 The
Customer and its representatives may only access the dedicated area of the
iAdvantage
Data Centre which is allocated by iAdvantage for the placement of
the Customers
equipment, unless otherwise approved and accompanied by an
authorized iAdvantage
representative.
5 Customer
Equipment
5.1 The
Customers equipment must be configured and run at all times in compliance
with
the manufacturers specifications, including power outlet, power consumption
and
ventilation requirements.
5.2 Customer
must use its best efforts to provide iAdvantage with at least 48 hours
prior notice
when it intends to install, uninstall, connect or disconnect any its
equipment.
6 Scheduled Maintenance
6.1 iAdvantage will conduct scheduled maintenance of the iAdvantage Data Centre and its services. For such scheduled maintenance, iAdvantage will notify to the Customers 48 hours in advance. In the event of mission or fine critical maintenance situation, iAdvantage may perform emergency maintenance at any time. iAdvantage will use its reasonable effort to notify the Customer of the event and estimated time period of the emergency maintenance. During these scheduled and emergency maintenance periods, the Customers equipment may be unable to transmit and receive data and the Customer may be unable to access the Customers equipment. The Customer agrees to cooperate with iAdvantage during the scheduled and emergency maintenance periods.
(Version 3.0)