Service Agreement

Overview

This Universal Terms of Service Agreement (“Agreement”) sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through Fibernatic from our partners and/or affiliates (collectively, “Services”).

In this Agreement “you” and “your” refer to you as the user of our Services, or any agent, employee, servant or person authorised to act on your behalf. “We”, “us” and “our” refer to Fibernatic, also known by its legal name Fibernatic PLT. This Agreement explains our obligations to you, and explains your obligations to us for using our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

When you use our site, your account (or you permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel your Services (even if we were not notified of such authorisation), you signify your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements.

Modification

You agree that Fibernatic may, in its sole and absolute discretion, modify this Agreement and the Services it offers to you from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes your agreement to be bound by this Agreement as last revised. If you have purchased Services from Fibernatic, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and use the Services.

If you are entering this Agreement on behalf of a corporate entity, you represent and warrant that you have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “you”/“your” will also refer to such corporate entity. If, after acceptance of this Agreement, we find that you do not have the legal authority to bind said corporate entity, you will be personally responsible for the obligations contained in this Agreement and any/all related agreements that you enter into based on the Services you use, including but not limited to the payment obligations. Fibernatic shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.

Service availability and termination

Fibernatic's rights. We may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, material allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider's (“ISP's”) acceptable use policies, including the transmission of unsolicited bulk email in violation of the law.

This Agreement applies to each individual Service, and cancelling a domain name will result in the termination of the Registration Agreement solely related to the domain name in question.

You agree that if we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those previously provided to you, and that any reference in this Agreement to termination or suspension of the Services to you includes this option.

You agree that, if we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names maintained by you with us. No fee refund will be made when there is a suspension or termination of Service(s) for cause.

Accounts and accurate information

In order to access some of the features of this site or use some of the Services, you will have to create an account. You represent and warrant that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. You further agree to maintain accurate information by providing updates to us, as needed, while you are using the Services. You agree that you will notify Fibernatic within five (5) business days of any change in the information you provided as part of the application and/or registration process and as required by your account. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Fibernatic to determine the validity of information provided by you will constitute a material breach of this Agreement.

If we have reason to believe that your account information is untrue, inaccurate, not current, misleading or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your account and any Services.

You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and you must keep your account information secure, including without limitation your customer username/login, support PIN code, password, API key (if any) and any/all content which might include payment details.

You must notify Fibernatic immediately of any breach of security or unauthorised use of your account. We will not be liable for any loss you incur due to any unauthorised use of your account. You, however, may be liable for any loss we or others incur caused by your account, whether caused by you, by an authorised person, or by an unauthorised person. Further, you agree that we may charge you administrative fees equal to RM 50 (Malaysian Ringgit) per hour for our time spent in relation to said matter, regardless of whether or not we return control over the account and/or domain names in question to you.

Availability of website and Services

We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on our site, and our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this site or Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard to such, including but not limited to loss of revenue.

Fibernatic offers, as part of the Services available to you, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between you and Fibernatic. Nothing contained in any agreement executed between you and a third-party provider shall eliminate, reduce or add to the obligations of Fibernatic as described herein.

Fibernatic content and user content

In addition to the general rules above, the provisions in this section apply specifically to your use of Fibernatic content and user content posted to the Fibernatic site (i.e. those sites which we directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your websites.

Fibernatic content. Except for user content, with respect to all content on this site and the Services we offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Fibernatic, its licensors, and/or where applicable its partners and affiliates, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that you do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement.

User content. Some of the features of our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), (b) literary, artistic, musical, or other content including photos and videos, or (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively, “User Content”). User Content also includes all content submitted through your account. By posting or publishing User Content to this site or to the Services we offer, you represent and warrant to us that (i) you have all necessary rights to distribute User Content via this site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licences, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this site or our Services (including without limitation those features that prevent or restrict use or copying of any Fibernatic content or User Content) or enforce limitations on the use of this site or our Services, the Fibernatic content or the User Content therein.

Storage and security

You are entirely responsible for maintaining the confidentiality of your account access credentials (including but not limited to your customer username/login, support PIN code, password and API key (if any)) and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under, and charges incurred with, your account or password or in connection with your content displayed, linked, transmitted through or stored on or hosted on our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on Fibernatic servers; and (iv) ensure the confidentiality of your password.

Fibernatic's servers are not an archive and Fibernatic shall have no liability to you or any other person for loss, damage or destruction of any of your content. Though some Services offered by Fibernatic are PCI (Payment Card Industry) compliant, they should not be utilised as such without further compliance activity with respect to your business. Fibernatic shall have no liability to you or any other person for your use of Fibernatic Services in violation of these terms. Further, you agree not to undertake any activities that may impact or place at risk Fibernatic's ability to maintain our PCI compliance. We reserve the right to take any action necessary to ensure our ongoing PCI compliance status.

Third-party content

If you elect to sell or resell advertising or web space to a third party then you will be responsible for the contents of that advertising and the actions of that third party. Fibernatic has the absolute right to reject any advertising or other third-party content that is illegal, offensive, defamatory or otherwise in breach of the then-current Fibernatic policy or agreement. Such content may result in the suspension or in the immediate termination of your account.

No spam policy

We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam-abuse complaint centre to register allegations of spam abuse. Customers suspected of using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax) — that is, email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to:

• Email messages
• Newsgroup postings
• Windows system messages
• Pop-up messages (a.k.a. “adware” or “spyware” messages)
• Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
• Online chat room advertisements
• Guestbook or website forum postings
• Text / SMS messages

Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have opted in to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and a legitimate opt-out method in the footer of the email or fax that will effectively unsubscribe the recipient. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any website hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by Fibernatic. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event we determine the abuse has not stopped after Services have been restored the first time, we may terminate any and all Services associated with the domain name in question and, if we do, no refund will be available to you.

Prohibited activities

By using any Services provided by Fibernatic, you agree to the following terms.

Legal compliance. You must comply with all applicable federal, state, and local government laws, regulations, ordinances, and requirements.

Email and communication. You may not:

• Send unsolicited commercial or bulk email (spam) or engage in mail bombing.
• Make illegal communications in any newsgroup, mailing list, chat facility, or other internet forum.

Security and access. You may not:

Security and access restrictions

• Attempt or make unauthorised access to Fibernatic's website, servers, your hosting account, or other customers' accounts.
• Allow remote execution of malicious software through your hosting account.
• Initiate denial-of-service attacks, port scans, or other harmful procedures against Fibernatic's servers and facilities or other network hosts and internet users.
• Forge signatures or identifying marks/codes, or deceive others about your identity.

Prohibited content

You may not use Fibernatic services to host any website, content, links, or advertisements that:

• Infringe on intellectual property rights (copyright, trademark, patent, trade secret).
• Contain adult content, nudity, or pornography.
• Express hatred toward social, ethnic, religious, or other groups.
• Contain malicious software (viruses, Trojans, worms, time bombs, corrupted files).
• Contain warez or proxy servers.
• Promote money-making schemes or multi-level marketing.
• Operate lottery, gambling, or casino services.
• Host torrent trackers or portals.
• Promote or encourage violence.

Prohibited materials

The following are not permitted:

• IRC bots.
• Warez, image, file storage, mirror, or banner-ad services.
• Topsites.
• Streaming services.
• Escrow services.
• High-Yield Interest Programs (HYIP) or related sites.
• Investment sites (FOREX, e-gold exchange, etc.).
• Cryptocurrency miners.
• Sale of controlled substances without proper permits.
• AutoSurf sites.
• Bank Debentures / Trading Programs.
• Prime Banks Programs.
• Lottery sites.
• MUDs / RPGs.
• Hate sites.
• Hacking-focused sites / archives / programs.
• Sites promoting illegal activities.
• IP scanners.
• Brute-force programs.
• Mail bombers.
• Spam scripts.
• Promotion or sale of prescription medication without valid prescriptions.

Enforcement and penalties

Fibernatic reserves the right to:

• Investigate service usage for policy violations.
• Remove prohibited content without prior notice.
• Refuse service to anyone at our discretion.
• Determine what constitutes a violation and the appropriate corrective action.
• Terminate any hosting account suspended for more than 14 calendar days.

Our decisions regarding violations are binding and final. We are not liable for losses arising from enforcement actions. No backups will be kept of removed content. No refunds will be issued for terminated accounts. Fibernatic maintains sole discretion in investigating violations and enforcing this policy, and we reserve the right to modify these terms at any time.

Account use

You are responsible for the security of your account access credentials. Fibernatic will not change passwords to any account. Should you need to restore access to your account, you will need to provide us with appropriate identification, as determined by us in our sole discretion, and we will initiate a password reset process for you to complete.

In the event of any partnership break-up, divorce or other legal problems that include you, you understand that Fibernatic will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Fibernatic be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to defend (through counsel of our choosing), indemnify and hold harmless Fibernatic from any and all claims arising from such ownership disputes.

If you are required to supply or transmit sensitive information to Fibernatic you should take all due precautions to provide any sensitive information over a secure communication channel.