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Acceptable Use Policy

بسم الله الرحمن الرحيم

BaitulBytes بايتول بيتس Acceptable Use Policy (“AUP”) is designed to provide a clear understanding of regulations and restrictions regarding the user of BaitulBytes بايتول بيتس services.

BaitulBytes بايتول بيتس reserves the right to modify the Acceptable Use Policy from time to time, effective on the date of posting. BaitulBytes بايتول بيتس may not notify the customer of the change, however, it is the customers responsibility to frequently check back to ensure they are up to date with the policy.

By using our services, and agreeing to the Terms of Service (“TOS”), you agree to abide by the AUPs as modified from time to time. Any violation of the AUP may result in the suspension or termination of your service without notice and without refund. An activity that is unlisted may also be a violation of the AUP if it is illegal, irresponsible, or disruptive to the use of the Internet.


THE VIOLATION OF ANY AUP OR ANY OTHER POLICY IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION FROM THE SERVICES PROVIDED BY BaitulBytes. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF BaitulBytes SERVERS. “CONTENT” INCLUDES, BUT NOT LIMITED TO; E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS BaitulBytes POLICY TO TERMINATE REPEAT OFFENDERS; BaitulBytes RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME, WITHOUT REASON.

System and Network Security.

Violations of system or network security is strictly prohibited, and may result in criminal and civil liability. BaitulBytes may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected. The following are some examples of network or system violations:

  • High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, torrents and IRC related services.
  • 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 e-mail or newsgroup posting.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • 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 breach security or authentication measures without express authorization of the owner of the system or network.
  • If your account, or a sub-account (resold), is responsible for an AUP violation by an upstream provider, a one time fee of RM100 will be charged to your account for cleanup and reactivation. If your account is responsible for a second AUP violation by an upstream provider for the same issue your account is subject to termination.
  • Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by BaitulBytes. Such labor is categorized as emergency security breach recovery and is currently charged at RM550 per hour.

Password Protection.

The customer is responsible for protecting customer’s password and for any authorized or unauthorized use made of customer’s password. The customer will not use or permit anyone to use BaitulBytes service to guess passwords or to access other systems or networks without authorization. BaitulBytes will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Contact Information.

Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their BaitulBytes account(s) or server(s) being shut down. All BaitulBytes customers are required to have valid full contact information on file. Accounts with false information will be suspended until valid information is placed on file.

Internet Etiquette.

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which BaitulBytes may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, or indecently depicts children, or is likely to result in retaliation against BaitulBytes by offended users. BaitulBytes reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement – Software Piracy Policy.

The BaitulBytes network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Malaysia and United States or province regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to RM900,000 / USD 250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millennium Copyright Act (the “DMCA”), please send DMCA notifications of claimed copyright infringements to abuse@baitulbytes.com.my This e-mail address is being protected from spambots. You need JavaScript enabled to view it . BaitulBytes will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility.

Customers have a responsibility to use the BaitulBytes network responsibly. This includes respecting the other customers of BaitulBytes. BaitulBytes reserves the right to suspend and or cancel service with any Customer who uses the BaitulBytes network in such a way that adversely affects other BaitulBytes customers. This includes but is not limited to:

  • Attacking or attempting to gain unauthorized access to servers and services that belong to BaitulBytes or its customers (i.e. computer hacking), and/or
  • Participating in behavior which results in reprisals that adversely affect the BaitulBytes network or other customers’ access to the BaitulBytes network.

BaitulBytes will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a BaitulBytes customer, whether or not the attacked account or computer belongs to BaitulBytes, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of BaitulBytes is strictly prohibited.

Violations of this policy may be reported directly to the PDRM (http://www.rmp.gov.my.) / FBI (http://www.fbi.gov). BaitulBytes will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Zero Overselling Policy.

It has become a general trend in the industry for hosting companies to offer unfeasible amounts of storage and transfer in hopes of gaining customers on that notion alone. However, at BaitulBytes, we promise to never allocate more resources than we have available.

If we have 100GB disk space available on a given server, our guarantee is to never lease more than 100 accounts with 1GB allocated each. At other hosts you may find yourself sharing that 100GB with 500 accounts which may cause many endless problems.

We only provide service from what we actually have and do not provide service that does not exist on our end. This is our definition of our “Zero Overselling Policy”.

Lawful Purpose.

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:

  • Copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
  • Using any BaitulBytes service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of BaitulBytes services or products is prohibited. Using the BaitulBytes network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within BaitulBytes Hosting’s network are open to the public. You are solely responsible for your usage of the BaitulBytes network and servers and any statement you make on servers hosted within the BaitulBytes network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet.

Our policy on child pornography is zero tolerance. BaitulBytes will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the BaitulBytes network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Adult Content on the Internet.

BaitulBytes will provide notification and will inform any customers in writing of improper materials on our servers. However, BaitulBytes reserves the right to disconnect any customers immediately.

Any website sell anything that related to sex / sexual product is strictly not allowed to host on BaitulBytes servers.

UnAcceptable Material on all Shared, Reseller and VPS, Dedicated servers.

Examples of unacceptable material on all Shared and Reseller servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Websites that distribute or link to warez content are prohibited.

File distribution websites e.g. a website distributing large movies, software or MP3s this material are not allowed.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites;
  • Rapidleech;
  • IRC Scripts/Bots;
  • Proxy Scripts/Anonymizers;
  • Pirated Software/Warez;
  • Image Hosting Scripts (similar to Photobucket or Tinypic);
  • AutoSurf/PTC/PTS/PPC sites;
  • IP Scanners;
  • Bruteforce Programs/Scripts/Applications;
  • Mail Bombers/Spam Scripts;
  • Banner-Ad services (commercial banner ad rotation);
  • File Dump/Mirror Scripts (similar to rapidshare);
  • Commercial Audio Streaming (more than one or two streams);
  • Escrow/Bank Debentures;
  • High-Yield Interest Programs (HYIP) or Related Sites;
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme);
  • Sale of any controlled substance without prior proof of appropriate permit(s);
  • Prime Banks Programs;
  • Lottery Sites;
  • MUDs/RPGs/PPBGs;
  • Hateful/Racist/Harassment oriented sites;
  • Hacker focused sites/archives/programs;
  • Sites promoting illegal activities;
  • Forums and/or websites that distribute or link to warez/pirated/illegal content;
  • Bank Debentures/Bank Debenture Trading Programs;
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).

Examples of unacceptable material on VPS and Dedicated servers include:

  • IRCD (irc servers);
  • IRC Scripts/Bots;
  • Pirated Software/Warez;
  • IP Scanners;
  • Bruteforce Programs/Scripts/Applications;
  • Mail Bombers/spam Scripts;
  • Escrow;
  • High-Yield Interest Programs (HYIP) or Related Sites;
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme);
  • Sale of any controlled substance without prior proof of appropriate permit(s);
  • Prime Banks Programs;
  • Lottery Sites;
  • Hateful/Racist/Harassment oriented sites;
  • Hacker focused sites/archives/programs;
  • Sites promoting illegal activities;
  • Forums and/or websites that distribute or link to warez/pirated/illegal content;
  • Bank Debentures/Bank Debenture Trading Programs;
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com);
  • Mailer Pro.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@baitulbytes.com.my This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

According to the Syarak (Islamic Religious Law).

BaitulBytes reserves the right to refuse service to anyone. BaitulBytes will NOT allow the Following:

- Anti Muslim or Anti Islamic Content: Websites containing material Defaming Islam and Muslims, Content relating to criticism of Islam, Shariah, Muslim, Qur’an and As-Sunnah.

- Sites attacking other sects or of a sect division content: Websites that contain content whose aim is to cause division i.e Bashing of Hanafi, salafi etc. Counter arguing may be accepted please check with us.

- Drugs or Alchohol or any UnIslamic Related Content: Content Containing the use of Drugs, Promotion of Alcohol, or Content that is against the principles of Islam, Qur’an, Shariah and the Sunnah.

- Links to anti-Islamic Websites: Any External Links/Promotion to Anti-Islamic websites, Even if it is used as counter measures we cannot allow such sites be given exposure.

- Hate that contains racist and defamatory Material: Material containing hate or racist content. i.e Videos of Killing, bombs, terrorism, extreme Jihad Content, Bomb/Explosive making manuals etc. Please NOTE Sites of this nature will not be allowed whatsoever on our Servers.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN BID’AAH, HERESY, CULT, OR ANY OTHER ILLEGAL AND HARAM, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY WITHOUT NOTICE. Any sites found to contain any of the above material will be Notified and requested to remove content. In The Even of Pornographic or Anti-Islamic websites appearing on our servers such accounts will be terminated immediately. Refunds are not given on TOS violations.

Commercial Advertisements with E-mail.

BaitulBytes takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of BaitulBytes may not use or permit others to use our network to transact in UCE. Customers of BaitulBytes may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.

E-mail is a person-to-person medium, not a broadcast medium.

Customers of BaitulBytes are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the BaitulBytes network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Violation of BaitulBytes Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BaitulBytes will initiate an immediate investigation (within 48 hours of notification). During the investigation, BaitulBytes may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BaitulBytes may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, BaitulBytes reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BaitulBytes will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of BaitulBytes SPAM policy may be reported to abuse@baitulbytes.com.my This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

IRC.

BaitulBytes does not allow the use of IRC on the BaitulBytes network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Violators’ servers or shared accounts will be suspended.

Billing.

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server or hosting plan to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension.

BaitulBytes reserves the right to suspend network access to any customer if, in the judgment of the BaitulBytes network administrators, the customer’s server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which BaitulBytes chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Cancellation.

BaitulBytes reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if BaitulBytes institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer (i.e. transfer, space etc.).

There will be no refund policy for Domain Registration/Renewal/Transfer, Dedicated Servers, VPS, web SMS servers, and Co-Location Servers as these product lies under non-refundable category.

Indemnification.

BaitulBytes wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies BaitulBytes for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to BaitulBytes or the bringing of any claim against BaitulBytes by any third-party. This means that if BaitulBytes is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against BaitulBytes, plus costs and reasonable attorney’s fees.

Disclaimer of Responsibility.

BaitulBytes is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. BaitulBytes disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All Sub-Networks, resellers, shared users and managed servers of BaitulBytes must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

Failure to Follow Policies.

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or withour refund, subject to BaitulBytes discretion). Any accounts and/or servers contained within BaitulBytes network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

BaitulBytes reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

We hope this AUP is helpful in clarifying the obligations of Internet users, including BaitulBytes بايتول بيتس and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse[@]baitulbytes.com.my

Note: BaitulBytes بايتول بيتس reserves the right to revise our policies at anytime. BaitulBytes بايتول بيتس AUP as well as Use of BaitulBytes بايتول بيتس Service constitutes acceptance and agreement to BaitulBytes بايتول بيتس AUP as well as BaitulBytes بايتول بيتس TOS (Terms of Service).

Last Updated: December 04, 2009 (17 Zulhijjah, 1430H).

Baitul Bytes Netwok بايتول بيتس نيتوورق is one of Malaysia Islamic Hosting Provider and Domain Registration. Economic Jihad!