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Terms of Service

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Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://hevoserver.com website (the “Service”) operated by HevoServer (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Hevoserver Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Hevoserver expects of them while using the service.

All users of Hevoserver Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of Hevoserver Service constitutes acceptance and agreement to Hevoserver AUP as well as Hevoserver‘ TOS (Terms of Service)

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. Hevoserver 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 Hevoserver account or other actions as detailed in Section 3, but will not do so with out proper warning. This document is intended to provide a basic understanding of We Hevoserver Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Web Hevoserver AUP:

    • Ensure reliable service to our customers
    • Ensure security and privacy of our systems and network, as well as the networks and systems of others
    • Comply with existing laws
    • Maintain our reputation as a responsible service provider
    • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
    • Preserve the value of Internet resources as a conduit for free expression and exchange of information
    • Preserve the privacy and security of individual users Hevoserver intends to provide its customers access to everything the Internet has to offer.

We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us. VIOLATIONS OF Hevoserver ACCEPTABLE USE POLICY The following constitute violations of this AUP:

Illegal use

Hevoserver services may not be used for illegal purposes, or in support of illegal activities. Hevoserver reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minor

Use of the Hevoserver service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats

Use of the Hevoserver service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment

Use of the Hevoserver service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Pornography

The use of Hevoserver services to store, post, display, transmit, advertise or otherwise make available any form of pornography including but not limited to child pornography is STRICTLY PROHIBITED and will result in immediate account termination.

Adult Website

Any form of adult websites is NOT ALLOWED on the server. In the event that any adult website is found on the server hosted by the client, Hevoserver will exercise their right to terminate the account without any further recourse. This includes sites which may provide links to the adult content elsewhere.

Fraudulent activity

Use of Hevoserver service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

Forgery or impersonation

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)

Use of the Hevoserver service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Hevoserver account.

E-mail / News Bombing

Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Hevoserver account.

E-mail / Message Forging

Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Hevoserver service is in violation of this AUP.

Usenet SPAMing

Hevoserver has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access

Use of the Hevoserver service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hevoserver or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Hevoserver account is subject to immediate termination.

Copyright or trademark infringement

Use of the Hevoserver service to transmit any material (direct transfer, by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data

Use of the Hevoserver service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity:

Use of the Hevoserver service for any activity which affects the ability of other people or systems to use Hevoserver Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Hevoserver will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Net Send Spam

The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.

Fraud

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right

Distribution/Transmission and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software:

Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Hevoserver‘s services could result in suspension service.

Third Party Accountability

Hevoserver subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

Violation of Hevoserver Virtual Accounts

It is absolutely forbidden to host IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

IRC networks

It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Bitcoin or Virtual Currency mining

The use of our shared hosting services for the purpose of mining for cryptocurrency (such as bitcoins, litecoins, dogecoins, etc) are strictly prohibited.

Backups

Hevoserver shall NOT BE HELD RESPONSIBLE for any malfunction or data or files lost in any event regardless of the reason(s). It is the duty of the clients to do their own data or files backups on other resources to ensure that they have ready access to the data or files in the event that any failure, faulty or situation that is beyond the Hevoserver control occurs.

Domain Name

Hevoserver will not verify whether the domain name(s) you select, or the use you make of the domain name(s) or other of the Service(s) infringes legal right of others. It is the responsibility of the clients to verify whether or not the domain name(s) you select or use infringes the legal rights of others. We might comply with the authorities’ order to cancel, modify or transfer your domain name if required.

Domain Name Renewal

Hevoserver will not guarantee the success of every domain name renewal or redemption. It is the duty of the client to ensure whether their domain has been successfully renewed after making the payment and verify their domain renewal status. Verification of the status can be made in our member area by logging into https://my.hevoserver.com and by querying various whois server such as http://www.whois.sc/ .

Refund

Hevoserver may provide refund on the 30 days money-back guarantee only for the shared hosting account. All refund is only valid for first time customers. Domain name will be excluded for refund even though you have subscribed to our hosting account with free domain name. In the event that you request a refund for hosting with free domain name, the refund will be given minus domain name deduction based on the current Hevoserver selling price. Any refund is at the sole discretion of Hevoserver.

Unauthorized Access

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee.

Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Hevoserver is not responsible for any data loss, data manipulation, or account related problems associated with it under any circumstances.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.

Network and Server Security

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account.

This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks.

Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

Users who violate systems or network security may incur criminal or civil liability. Hevoserver will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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