Acceptable Usage Policy

WHEREAS , USONYX Pte Ltd (“USONYX”) of 140 Paya Lebar Road, #08-02, AZ @ Paya Lebar 409015 Singapore is a Internet Content service provider connected to the Internet.
USONYX provides at the following website: usonyx.net , (“USONYX Website”) USONYX Singapore Broadband Web Hosting Services over the Internet through access to its Web Server, FTP Server and SMTP & POP Mail Server services.

WHEREAS , the Client seeks to utilize USONYX’s services for its own purposes;

WHEREAS , the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, USONYX can make no guarantee that any given reader shall be able to access USONYX’s network(s) at any given time. USONYX represents that it shall make every good faith effort to ensure that its network(s) is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE , in consideration of the mutual promises contained herein, the Client by accessing and using the Services, agree to be bound by all of the following Terms and Conditions of use ( “the Agreement” ) and any operating rules, policies, and procedures that may be published from time to time on this Website by USONYX:

1. Definitions:

In this Agreement, unless the context otherwise provides, the following terms shall have the following meanings:

“Client” means a person, or body whether corporate or unincorporated who seeks to purchase/ utilize the Services;

“Charges” means the charges for the Services specified in a price quotation or a request for Services;

“Confidential Information” means any information disclosed from one party to another pursuant to or in connection to this Agreement including technical information relating to the Service and the Equipment (whether orally or in writing and whether or not such information is expressly stated to be confidential and marked as such)

“Equipment” means equipment belonging to USONYX for the provision of the Services which includes web servers, application servers, database servers, routers and switches, and all related telecommunications connectivity ;

“Services” means any or all of the following services, being, USONYX Broadband Web Hosting Services, Free Trial Service, Shared Web Hosting, Dedicated Web Hosting, Power Server, Dedicated Server, VPS, Premium VPS and / or Cluster Hosting packages;

“Intellectual Property Rights” means any or all of the trademarks, trade names, patent, copyright or other industrial or intellectual property right subsisting in the relevant territory;

“Client’s Website” means sites created and hosted on USONYX Website;

“USONYX Website” means either usonyx.net offering hosting and transfer services over the Internet through access to its Web Server, FTP Server and SMTP and POP Mail Server services.

2. Term of Agreement

2.1 This Agreement commences when:
(a) USONYX receives a duly completed and executed request for Services from the Client; or
(b) when the Client commences using the Services.

2.2 This Agreement comes into effect on commencement and shall continue in force until terminated by either party. The Agreement upon expiry of the Original Term shall be automatically renewed for a further period of 1, 3, 6, 12 or 24 months (vary from hosting services), as the case may be on the same terms and conditions herein ( save for any revisions or changes made by USONYX and published on-site ), unless or until terminated by either party earlier in accordance with clause 10. A renewal invoice will be sent to the Client one month prior to expiry of the Original Term.

3. Registration

3.1 Provision of the Service and commencement thereof is conditional upon:-
(a) the Client’s provision of its own equipment , including computer, modem, necessary to establish connection to the Services;
(b) provision by the Client of current , complete and accurate information about the Client as prompted to do so by the registration form/ as requested by USONYX ;
(c) maintain and update such registration information as required to keep such information current , complete and accurate;
(d) acceptance of the terms and conditions herein.

3.2 If any registration data that the Client provides is untrue, inaccurate, not current or incomplete, USONYX reserves the right to terminate the Client’s account and the Client’s rights to use the Services.

4. Domain Name Registration:

If USONYX shall acquire an Internet Domain Name on behalf of the Client, Internic (or a local NIC) will invoice the Client separately for the name. In this respect , please refer to current prevailing charges as set out in the respective Internic or local NIC websites ( as at March 2006, global domains .com .net .org charges are S$15 per year, local domains .com.sg .org.sg charges are S$48 per year as at Feb 2009). The Client hereby waives any and all claims which it may have against USONYX, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by USONYX for any reason. For Domain name order online is not reserved until full payment is received and depending on availability at the point of processing.

Domain name privacy is optional and not available to some TLDs e.g. sg Domains.

You agree that for each Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:

  • Your name, address, email address, postal address, phone and fax numbers;
  • The name, address, email address, postal address, phone and fax numbers for the Domain’s administrative, technical, and billing contacts;
  • The primary and secondary domain name servers for the IDP Domain;
  • Adhere to the guidelines, requirements, terms and conditions stipulated by the repecitive network information center (NIC). For example; SG domains registration policy and procedures guidelines can be found here.

You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your Domain(s), as more fully set forth in section 6 below.

AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry’s registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.

In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $160 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.

In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $160 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.

In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to “Expiration Recovery” and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must a statement authorizing payment of the reinstatement fee to such credit card, which is USD$160 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.

4.1 DNS hosting is provided free to customer at ns01, ns02, ns03, ns04 ns05, ns06, ns07, ns08, ns09 and ns10.usonyx.net. Free DNS hosting and service are recognized as the authoritative source for DNS entries in your domain or domains, USONYX is not obligated to ensure that (a) your DNS records are correctly configured, (b) your DNS entries will be properly resolved, or (c) USONYX’s DNS will be continuously available on an uninterrupted basis. You acknowledge that it is your responsibility to test USONYX’s implementation and administrate your DNS entries or your DNS hosting at your own via USONYX control panel and notify USONYX of any misconfiguration or error in that implementation.

In the event that your DNS hosting arrangement with USONYXis terminated, you agree that USONYX has no obligation to provide DNS files, settings, or any other material related to your DNS entries in USONYX DNS system to you or any third party, and you agree that USONYX has no obligation to forward DNS requests to or from your new DNS host.

 

5 . Payment

5.1 Subject to terms provided in the USONYX Billing Policy, USONYX shall charge and the Client shall make payment for the provision of the Services in the manner and at the rates prescribed by USONYX in the USONYX Website.

5.2 Payment is accepted in Singapore Dollars.

5.3 The set-up fee and payment are due at the time the application and Agreement are filled out, and returned to USONYX. Subsequent payments are due according to the selected fee schedule following the establishment of the web space or service on the Internet. Web space and services will be billed a minimum of 1 month or the minimum subscription period of a service in advance depending on the selected fee scheduled . Subsequent notice of pre-payments is provided two month before the expiry of the prescribed Service or the paid balance available, whichever is sooner, as per the selected fee schedule. In the event that the Client fails to pay for such services in advance, USONYX shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. A reactivation fee (currently S$50) shall be charged.

5.4 In the case of a corporate client, the individual under whose name the order is made is also responsible for all payments due.

5.5 All payments due to USONYX shall be made in the manner prescribed at the USONYX Website under the Payment Selection web page. In the event that any of the sums due under this Agreement or any part thereof is unpaid for a period of 14 days after it is due, the Client shall pay interest at the rate of 2% per month from the date such sum was due until payment is received in full without prejudice to any other rights of USONYX hereunder. USONYX reserves the right to terminate or delete immediately any of the Virtual Environment(s) created beforehand should payment not be received by due date.

5.6 The Client shall pay any applicable Tax, imposition, duty, levy whatsoever (“the taxes”) which may be from time to time imposed or levied by any governmental, statutory or tax authority in Singapore on or calculated by reference to the amount of any sums receivable by USONYX in relation to this Agreement.

5.7 If this Agreement does not terminate in accordance with clause 10 herein, and is renewed in accordance with clause 2.2, the Client will receive an invoice for charges for the new term via electronic mail and Client’s credit card is charged automatically by the expiration date of the Original Term or the expiry of any successive terms of this Agreement. Renewal prices are subject to change. It shall be deemed that by renewal of this Agreement for Services, the Client is agreeable to any revision of terms including price changes to this agreement.

5.8 By providing USONYX with credit card information, Client expressly authorize USONYX to automatically charge this card for any fees due on Client’s account, such as: renewal fees, upgrade fees and other billable items. Recurring fees will be charged to the Client’s credit card number until this card is removed from Client’s file or this Agreement is terminated in accordance with clause 10. To remove credit card information, the Client shall download the “Credit Card Details Removal Form” provided online at: https://usonyx.net/docs/CCRF.pdf complete and fax it to: +65 62980801

5.9 EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully.

6. Setup

The account will be setup within the next two (2) business days for Credit Card payment upon approval, and five (5) business days for Cheque payment, upon USONYX receiving the set-up fee and payment of the Services except dedicated hosting & servers.

7. Material and Products

7.1 Client will provide USONYX with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of USONYX. USONYX shall make no effort to validate this information for content, correctness or usability.

7.2 Use of USONYX’s service requires a certain level of knowledge by Client in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client’s web space by the Client. The following examples are offered.
(a) Web Publishing: a good knowledge and command of HTML, properly locating and linking documents, uploading Web contents, graphics, text, sound, etc., as well as using FTP and a basic understanding of Telnet.
(b) Front Page web publishing: a knowledge and command of the Front Page tools as well as basic Telnet and FTP understanding.
(c) CGI Scripts: a knowledge and command of the UNIX shell environment, tar and gzip commands, Perl, shell scripts, permissions (chmod), ownership (chown), etc.
(d) Auto-responders: a knowledge and command of Majordomo auto-responder features, forwarding mail, use of mail clients to receive mail, etc.
(e) Dedicated Server: a knowledge and command of Linux Internet system administration to the extent required by Client’s specific use of the server.

7.3 The Client agrees that he or she has the necessary knowledge to create and maintain their website. If the Client changes the configuration on the server in such a way that it no longer works, USONYX will fix it for the Client at the prevailing rates (currently $70/ hour) charged on the basis of the minimum of 1 hour.

8. Operation of USONYX Website

8.1 USONYX will exercise no control whatsoever over the content or format of the information passing through its network or residing on its or its Clients’ servers. USONYX will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. In the event that material provided by the Client is not “server-ready”, USONYX may, at its option and at any time, reject and delete this material, including but not limited to after it has been put on USONYX’s server(s).

8.2 USONYX agrees to notify the Client of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of USONYX. If the Client fails to modify the material, as directed by USONYX, within a reasonable period of time, which shall be solely determined by USONYX, the Agreement shall be deemed to be terminated.

8.3 Use of any information obtained by way of USONYX is at the Client’s own risk, and USONYX specifically denies any responsibility for the accuracy or quality of information obtained through its services or its representatives.

8.4 Connection speed represents the maximum speed of a connection and do not represent guarantees of available end-to-end bandwidth.

8.5 The Client agrees that USONYX shall be entitled (but shall not be obliged) at any time, at USONYX’s discretion and without prior notice, to temporarily suspend the operations of the Client’s Virtual Environment or part thereof for updating, maintenance and upgrading purposes, or any other purpose whatsoever that USONYX deems fit. USONYX specifically denies any responsibilities for any loss, liability or damages arising as a consequence of such unavailability.

8.6 USONYX maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

8.7 USONYX shall not be liable for non-performance or late performance of any obligation hereunder, to the extent and for such a period of time as such non-performance or late performance is due to reasons beyond its reasonable control, including but not limited to, act of God, civil or ethnic unrest, shortage or unavailability of labour, revolution or insurrection, war (whether declared or not), terrorist activity, religious events, bombings, blockages, embargoes, general labour strikes, power failures, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority or any governmental regulations imposed after the fact, import or export regulations or embargoes, acts or defaults of any telecommunications network operator, circumstances where communications lines (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers, fire, explosions, floods, earthquakes or any other natural disaster, chemical contamination, unavailability of equipment or components not caused by USONYX’s act or default.

9. Internet Etiquette

9.1 Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of USONYX may not be used to impersonate another person or misrepresent authorization to act on behalf of others or USONYX. All messages transmitted via USONYX should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

9.2 Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. USONYX reserves the right to deactivate the Client’s Virtual Server account(s) upon an indication of such activity.

10. Suspension and Termination

10.1 This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice.

10.2 Notwithstanding the above, USONYX may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement or upon an indication of credit problems including delinquent payments.

10.3 Termination shall be accompanied by a written or electronic notice to the other party. USONYX shall not be liable to Client or any third party for termination of access to the USONYX Website/ Services.

10.4 Upon termination of this Agreement, the Client’s use of the Services immediately ceases and the Client acknowledges and agrees that USONYX may immediately delete files in the Client’s [account], bar further access to such files / Services.

10.5 The Client agrees that upon termination of this Agreement, the Client will pay any and all outstanding fees, charges and payments due to USONYX in full within 30 days after termination.

10.6 Free services – USONYX may terminate or suspend your access to the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. USONYX has no obligation to store or forward the contents of your account. If there is any indication that you are using your account for illegal activity, your account will be terminated immediately and without further notice.

10.7 Free Email account hits the quota will be suspended automatically by our system, email users are responsible to maintain and keep their mailboxes within the limit, USONYX will not hold any responsibility for any email not receive or undeliver for the email accounts had suspended.

11. Limitation of Liability

11.1 As a condition of the Client’s use of the Services, the Client agrees as follows:
(a) The Client expressly agrees that use of USONYX’s Equipment is at the Client’s sole risk. The Client acknowledges and agrees that any material or data downloaded or otherwise obtained through the use of the Services and/or Equipment is done at the Client’s own discretion and risk and that the Client will be solely responsible for any damage to the Client’s own computer system or loss of data that results from the download or use of such material or data.
(b) USONYX disclaims, in respect of the Services and/ or Equipment and use thereof, all warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance.
(c) USONYX, makes no warranty that the Services and /or Equipment will not be interrupted or error free; nor does USONYX make any warranty as to the results that may be obtained from the use of the Services and/or Equipment or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Services and/or Equipment.
(d) Under no circumstances whatsoever, (including negligence), shall USONYX, its offices, agents or any one else involved in creating, producing or distributing USONYX ‘s Server service be liable for any loss or direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the USONYX Services and /or Equipment; or that results from mistakes, omissions, interruptions, deletion or loss of files, errors, defects, delays in operation, or transmission or any failure of performance, including without limitation, acts of God, communication failure, theft, destruction or unauthorized access to USONYX ‘s records, programs or services.
(e) USONYX shall not be liable for any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of USONYX.
(f) Notwithstanding any other provision of this Agreement, the Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement. . In the event of system unavailability due to default of USONYX, USONYX expressly limits its damages to the Client for any such non-accessibility time or other down time to the prorated monthly charge during the said system unavailability provided always that USONYX, is notified and given details within 48 hours of such incidence.

12. No Unlawful or Prohibited Use

12.1 As a condition of the Client’s use of the Services, the Client agrees that it will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Client shall not use the Services in any manner which could damage, disable, overburden, or impair any of the Service(s) (or the network(s) connected to any of the Service(s)) or interfere with any other party’s use and enjoyment of any of the Service(s). The Client shall not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any Service, through hacking, password mining or any other means. The Client shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

12.2 The Client acknowledges and is aware that transmission of any material in violation of any regulation of the Republic of Singapore is prohibited. This includes, but is not limited to copyright material, material that is considered threatening, obscene, pornographic, profane, and of trade secrets nature. This also includes links or any connection leading to such materials.

12.3 Internet Relay Chat: USONYX Broadband Hosting Services currently prohibits its customers from operating IRC or IRC Bots on any of our website hosting servers. On-line Conference Centers can be installed and used only as part of a dedicated servers available for purchase.

12.4 Spamming Not Permitted: You must not use any USONYX Services and equipment or any email address hosted by USONYX servers in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the USONYX Services and equipment or any email address hosted by USONYX. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one’s email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision. When any customer is found to have been engaged in spamming in violation of this agreement, USONYX reserves the right to disable that customer’s website without warning. In addition, USONYX may impose a S$200 penalty for each spam policy violation. USONYX solely reserves the right to refuse or cancel service to spammers. USONYX reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. For additional information for Singapore control resource centre please visit http://www.spamcontrol.org.sg.

12.5 Game Servers: USONYX Broadband Hosting Services currently prohibits its customers from operating Game Servers on any of our website hosting servers. Game Servers can be installed and used only as part of a dedicated servers available for purchase.

12.6 BitTorrent: We DO NOT allow any type of BitTorrent / Edonkey / Emule related materials. This includes stats counters, software/files linked to through a BitTorrent/Emule/Edonkey Client, or any other future technology related to such things. BitTorrent/Emule/Edonkey software consume far too many system resources, and could only be installed on a powerful dedicated server with our permission.

12.7 Warez Sites: Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. USONYX has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.

12.8 Other Unacceptable Content: Illegal Material or material that is against public policy, material that may be detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, etc., or anything else that may be considered detrimental or illegal.) USONYX will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to terminate an account at any time for any reason without refund.

12.9 Network Abuse: Shared and VPS hosting accounts, operate on shared network resources. This means that there are several hosting accounts per server. Excessive use or “abuse” of these network resources by one customer have a negative impact on all other customers. In all fairness, you are not allowed to deliberately consume network resources in an excessive manner, this includes but is not limited to: CPU time, memory, disk space and each mailbox is limited to 200Mb maximum and recipients of 50 for shared hosting.. You are also not allowed to use resource-intensive programs that can negatively impact other customers or the performance of our systems including sending large volume of mails (example 200 mails or more at one time within 1 hour) which has congested the entire shared mail server and affecting the rest of the subscribers sharing the service or server, thus mass mailing activites are strictly prohibited on all Shared hosting plans. High network traffic and throughput is not a problem for USONYX, but extreme network traffic or uploading and downloading can sometimes create problems. USONYX’s servers are configured to shut off any account when its bandwidth allowance is exceeded. You are allowed to exceed your maximum bandwidth allowance without being shut off as long as you purchase additional traffic in advance at S$5.00 for each additional GB of throughput.

12.10 Banned Software: USONYX Broadband Hosting Services currently prohibits its customers from operating the following programs and scripts on our servers:

* Any type of IRC software including IRC Egg Drops
* Any type of P2P networking software including: BitTorrent / Edonkey / Emule
* Any type of Proxy Servers
* Soap Mailers
* Anonymous Mailers
* Mail Bombers
* IP Spoofers
* Yabb, Iconboard (all versions)
* The Anonymizer

These programs and scripts are on the banned list because they either pose a serious security risk or generate a great load on hosting servers.

12.11 Responsibility of The Client for content
You may produce, electronically upload and maintain certain types of files on your website. You hereby warrant that all files uploaded shall be owned or properly licensed by you and shall not adversely impact the services or violate any rights of any third parties.
You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party. You agree to not use the Service to:
(a) upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(h) intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
(i) “stalk” or otherwise harass another;
(j) collect or store personal data about other users;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
(l) establish a website geared towards marketing any of the following: enlargement related surgery, viagra (or any similar products), and online gambling;
(m) establish a website as a site which is referred to in a mass-marketing campaign whether by email or otherwise.

12.12 Responsiblity to keep Passwords private – The Clients receive a password to login to their account. The Client is entirely responsible for maintaining the confidentiality of their password and account username. In addition, the Clients are entirely responsible for any and all activities which occur under their account. The Clients may change their password at any time by using Control Panel provided

12.13 Fair Traffic Use Policy – For web hosting services with un-metered monthly traffic usage benefits, your usage should not be:
(a) Excessive: downloading or uploading more than the table stipulated below each month inclusive of incoming and outgoing web, email and other data traffic; or
(b) Unreasonable: use which may adversely affect our network, or other customers’ use of our network and/or services; or
(c) Fraudulent

13. Data Recovery/Backups

USONYX always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups–with or without USONYX or control panel supplied backup software enabled, or may purchase a managed backup solution from USONYX like the R1soft CDP backup service at the frequency of ONE backup daily.

As per our TOS, BACKUP and SERVER RELIABILITY section, your use of this service is at your sole risk. USONYX is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on USONYX nodes and servers.

14. Distributed Denial Of Service (DDoS)

No USONYX resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, USONYX will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.

15. Indemnification

15.1 Client agrees that it shall defend, indemnify, save and hold USONYX, its subsidiaries, affiliates, directors, officers, managers, agents, employees harmless from and against any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees on an indemnity basis, (“Liabilities”) asserted or made by any third party, due to or arising or resulting from the Client’s use of the Services and/or Equipment or breach of any of the terms herein or any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns using the Services. Client agrees to defend, indemnify and hold harmless USONYX against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Services and/or Equipment ; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Services.

15.2 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. USONYX is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

16. Reselling

16.1 Subject to terms provided in the USONYX Reseller Agreement, the Client is allowed to resell the storage and transfer services provided by USONYX. The Client agrees to handle and is responsible for all third-party customer’s content, support, set-up and maintenance.

16.2 The Client’s email accounts and POP accounts are strictly for its use ( which includes its employees/ staff ).The Client is not allowed to resell or provide for free, these accounts to any third parties If the server is resold, this restriction applies on the owner of the server as well.

16.3 The Client acknowledges and agrees that USONYX Pte Ltd and its stuff shall not be responsible or liable, directly or indirectly, in respect of the Client’s use of USONYX’s Reselling service. The Client further acknowledges and agrees that it is solely responsible or liable for any damage, loss caused or alleged to be caused by or in connection with use or reliance on the aforesaid services offered by the Client pursuant to the Reselling service. The Client shall be responsible to the third party in respect of all queries relating to the services offered. Thus, if the Reseller anticipates offering a particular feature, the Reseller must have a thorough knowledge of the feature.

16.4 The Reseller agrees and warrants that he or she has the necessary knowledge to create and maintain the third party’s anticipated Webspace. Reseller agrees that it is not the responsibility of USONYX to provide this knowledge or client Support outside of the defined service of USONYX.

17. Hosting Fees, Downgrading and Refund Policy

17.1 All hosting fees (prices) are subjected to change and will be updated on USONYX web pages.

17.2 All hosting fees paid to USONYX generally are not refundable, however in certain circumstances will be considered at the discretion of the Company Management.

17.3 Downgrading of plan is not allowed during the subscription period.

18. Modification of Terms and Conditions

18.1 USONYX reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the charges associated with the use of the Services. Changes in the service fees will take effect at the end of the Clients’ prepaid term; the continuation use of the Services beyond the date of such change shall constitute acceptance by the Client of the Agreement.

19. Intellectual Property Rights

19.1 The Client acknowledges that the data, information and/or content, including but not limited to text, software (including any HTML, WML, java, java script, java or CGI script or any other computer code), music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material, used in connection with, incorporated or contained in or presented to the Client through the USONYX Website (all the aforementioned data, information, content and/or materials to be collectively referred to as “Content”) are the exclusive property of USONYX and/or its third party licensors and are protected by intellectual property laws, including but not limited to, copyright and trademark laws.

19.2 The Client warrants that it has the right to use the materials (including any images and applicable trademarks) displayed in/ on the USONYX Website and agrees to grant USONYX a non-exclusive, world-wide royalty-free, irrevocable license and right to use (which will include the right to copy, reproduce and/or publish) the aforesaid materials (including any images and applicable trademarks) displayed in /on the USONYX Website or any part thereof as well as to exercise all copyright and rights of publicity over such materials, including the use of such materials or part thereof in any advertising material.

19.3 No part of parts of the Content hereof may be reproduced, distributed, republished, commercially exploited, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of USONYX provided that permission is granted to download and/or print the materials from the USONYX Website for personal, non-commercial use only and further provided the Client does not modify the materials and retains all copyright and other proprietary notices contained in the materials. The Client may not, without USONYX’s permission, create derivative works from the Content or insert a hyperlink to the USONYX Website or “mirror” any material contained on the USONYX Website on any other server. Further, the name of USONYX or any other trade mark, name of logo belonging to or used by USONYX (collectively, “Trade Marks”) may not be used in any way, including in advertising or publicity pertaining to distribution of materials, without prior written permission. USONYX prohibits use of any or all of the Trade Marks as a “hot” link to any other site unless establishment of such a link is approved in advance by USONYX in writing.

20. Notices

20.1 All notices to a party shall be in writing and shall be made via e-mail to sales@USONYX.net for notices to USONYX or to the e-mail address that the Client provides to USONYX as part of the registration data for notices to the Client, or such other address as either party may specify from time to time.

20.2 Notice shall be deemed given 48 hours after the e-mail is sent to the last email address provided by the Client.

20.3 As an alternative, notices may be sent by registered mail to USONYX at the address provided by the Client, if any or to the mailing address that the Client had provided during the registration stage.

20.4 USONYX may also broadcast notices or messages on the USONYX Website on other matters of importance and in such event, such broadcast shall constitute as valid notice to the Client.

21. General Provisions

21.1 In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any remaining provisions.

21.2 USONYX and the Client agree to allow a court or arbitrator to replace such invalid, unenforceable or void provision with a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable or void provision.

21.3 USONYX ‘s failure to act with respect to a breach by the Client does not waive its right to act with respect to subsequent or similar breaches.

21.4 This Agreement shall exclusively be governed by and construed in accordance with the laws of the Republic of Singapore . The Client hereby consents to submit to the exclusive jurisdiction of the Singapore courts.

21.5 This Agreement and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

21.6 Nothing in this Agreement shall be deemed to constitute either party as the agent or representative of the other party, or both parties as partners for any purpose.

22. Linked Third Party Sites

Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by USONYX of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by USONYX., and USONYX. is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

23. Acknowledgement

The Client acknowledges as follows:
(a) the Client has read understood and accepts the terms of this Agreement;
and
(b) that this Agreement has the same force and effect as a signed agreement.

Feedback
You can provide your feedback on our services, website and other matters to;
You can contact us during business hours at Tel: +65 6223 1838
Send Email to:legal@usonyx.net

Information Security and Privacy Policies

We (USONYX Pte Ltd) are committed to protecting the confidentiality and integrity of personal information you submit. We recognize our responsibility to keep confidential at all times any information about you which we acquire in connection with your application. Our secure server encrypts all personal information (including name, address, and contact details) so that it cannot be read as the information travels over the Internet.

Collection of Information

To enable us to process your application we will typically acquire information which includes your name, your e-mail and business addresses, and other relevant business details.

Use and disclosure of Information

We use the information which you provide us to process your application. Some details are made available when we make a credit check.Subject to the above, USONYX will not disclose the information to third parties, or make any use of it, without your permission (unless we are required to do so by statute, including WHOIS Record by domain registrar or by an authorized body in order to aid the investigation or prevention of crime). Customer information collected is not shared with other organizations for commercial purposes. If you think any information we have about you may be incorrect, please notify us immediately. We will take prompt action to make appropriate corrections. You may receive periodic mailings from us with information on new products and services or upcoming promotions. If at any time you do not wish us to contact you using the data we have retrieved or have questions concerning our Privacy Policy, please feel free to contact us by telephone, mail or email.

Security

USONYX is committed to protecting the security of your data. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. We store the personal information you provide in computer servers with limited access that are located in controlled facilities. Industry standard security measures are used which is made available through your browser called Secure Socket Layer (SSL). SSL protocol is used to safeguard your sensitive personal information, including your credit card number, during online transactions. Using this widely accepted form of encryption, your transaction is secured from your personal computer to the computer processing your request. As users enter the payment information, it is captured on a page that uses the SSL protocol by default. All personal and financial information is encrypted as it travels over the Internet.

Cookies

Cookies are text files, used by your computer’s browser, that store visitor session data. Cookies, by themselves, do not identify the individual user. Cookies are commonly used on the Internet and do not harm your system. We currently use cookies to collate general management data which is used to plan enhancements to our services.

ASSENT

By using this site, you signify your assent to the USONYX Security and Privacy Policy. If you do not agree to this policy, please do not use the site and services we provide. We reserve the right to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes.

Safeguards

We ensure our customers that appropriate security safeguards are in place to protect personal data against unauthorized access, misuse, disclosure, accidental loss, destruction or damage. Only authorized personals have access to our systems. Consultants, contractors or other temporary employees do not have access to the data.

Links

This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. This Privacy Policy applies solely to information collected by this website.

 

Because protecting your privacy is very important to Usonyx, we operate our web site under the following guidelines to safeguard your personally identifiable information:

Usonyx policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, Usonyx policies and procedures are subject to change.

How does Usonyx collect information from you?

Usonyx collects information from you when you send it to Usonyx directly by filling out forms on Usonyx ‘ Website (including any application you may make for Services or the Software), corresponding with Usonyx by e-mail, writing to Usonyx by post, or speaking to Usonyx by telephone. Usonyx also collects information from you when you browse the Website and use the Software, as set out in detail below. Some of the methods Usonyx uses to collect data are automated and will take effect automatically as you navigate the Website and/or use the Software.

What information does Usonyx collect?

Personal Information.

Personal information means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (“Personal Information”).

Usonyx may collect the following Personal Information from you: name, address, date of birth, telephone number, postal address, e-mail address, IP address, information about the type of browser you use, your operating system, the screen resolution of your browser, your ISP, which pages you view on the Website and the time and duration of your visits to the Website, credit card number (in the case of direct customers) and, if applicable, company name, postal address, telephone number, e-mail address, national identification number, passport number, credit card number or tax ID number as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organisation.

User Communications.

If you communicate with Usonyx, Usonyx may collect information relating to that communication whether it takes the form of e-mail, letter, forum posting, testimonials or any other form of communication between you and Usonyx or submitted by you to the Website (collectively, “User Communications”).

Server Information.

If you use one of Usonyx’ services such as Usonyx ‘ Web Hosting, Dedicated Server, VPS, Domain Name or SSL, Usonyx may collect certain information concerning such services and concerning the server upon which the services operates. This information includes without limitation: (a) the licensed or unlicensed status of the software used under the services; (b) the source from which the license for the software was obtained (i.e., Usonyx or an Usonyx affiliate); or (c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, “Server Information”)). Additionally, “Server Information” may also include information collected by Usonyx from time to time concerning which features of the software are most often used in order to improve and make adjustments to the software; and information collected from you by Usonyx in the event that you request technical support services including without limitation, IP addresses, usernames and passwords necessary to login to SSH, the directory of the server upon which you installed the software and any affected accounts including email accounts, MySQL accounts and other accounts.

Non-Personal Information.

Usonyx also collects data in a form that does not, on its own, permit direct association with any specific individual. Usonyx may collect, use, transfer, and disclose non-personal information for any purpose.

What information does Usonyx collect if you’re under the age of 13?

By Default, Usonyx does not knowingly collect Personal Information about children under the age of 13. If Usonyx becomes aware that it has inadvertently collected Personal Information about children under the age of 13, it will take steps to delete the information as soon as possible, except where Usonyx is required by applicable law to keep it.

Where Usonyx knows a child is above the age of 13, but considered a minor under applicable law, Usonyx will obtain parental/guardian consent prior to using that child’s Personal Information.

How does Usonyx use and store the information it collects?

As a general matter, Usonyx may use the Personal Information you disclose to Usonyx to improve and provide the Website, the Services and Usonyx’ other products and services, and for the specific purpose that you gave Usonyx your Personal Information. More specific details on how Usonyx uses your information follows below.

Usonyx may use Personal Information to create and authenticate your account, to process transactions you request such as domain name registration in order to perform any contract you have entered into with Usonyx, to provide you with customer and technical support and to communicate with you about your account and Usonyx’ products and services.

The Personal Information you provide to Usonyx allows Usonyx to provide you with the newsletters and mailing lists that you have signed up for with Usonyx. If you do not want to be on Usonyx’ mailing list, you can opt out at any time by changing your settings in your ‘My Details’ page within the client area.

Usonyx may also use Personal Information to offer, market or advertise to you Usonyx products and services. While such Usonyx products and services may reference, incorporate or include third-party products and services, Usonyx will not use your Personal Information to independently offer, market or advertise third-party products and services unless Usonyx first obtains your consent to do so.

From time to time, Usonyx may use your Personal Information to send important notices, such as important product updates and communications about purchases as well as changes to Usonyx’ terms, conditions, and policies. Because this information is important for your interaction with Usonyx you may not opt out of receiving these communications.

Usonyx may also use your Personal Information for any other legal purpose stated in this Privacy Policy, and any other purpose for which you have given Usonyx express consent.

Where you consent to Usonyx doing so, Usonyx may use your Personal Information to send you direct marketing communications. Should you ever choose to ‘opt out’ of receiving such communications, Usonyx may retain your Personal Information on file to ensure that Usonyx does not continue to target you with communications of the type that you have asked Usonyx to cease sending to you.

Usonyx limits the use of Personal Information to the purposes identified in this Privacy Policy and for which you have provided explicit consent. In accordance with established policies and procedures, Usonyx retains Personal Information only for as long as necessary to fulfil the stated purposes, unless it is required by law for a different period or Usonyx has the consent of the individual.

In accordance with established policies and procedures, Usonyx will periodically destroy or erase any Personal Information that is no longer needed.

Usonyx may use User Communications in the same way as Usonyx uses Personal Information. If you communicate with Usonyx for a particular purpose, Usonyx may use your User Communications for that purpose. For example, if you contact Usonyx for technical support, Usonyx may use your communications to provide technical support to you.

Usonyx may use Server Information to provide you with technical support services and to maintain, evaluate, improve and provide Usonyx products and services. Usonyx may also use such information to investigate unlicensed (and therefore unauthorised) uses of Usonyx’ software.

Where is your Personal Information stored?

Usonyx is a global company and your peronal data may be transferred to and stored at our malaysia office and associated datacenters and by accepting our terms of service, you are explicitly consenting to this transfer and storage taking place. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy policy.

How does Usonyx protect your Data Security?

Usonyx will protect the confidentiality of your personal information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of Usonyx, its partners, its employees and other customers of Usonyx services. To protect the loss, misuse, and alteration of information that is collected from customers, Usonyx has appropriate physical, electronic, and managerial procedures in place.

How can I modify my personal information?

You may modify your personal information by logging a Help Desk ticket to make the request or update from the Usonyx Client Billing System.

If you have registered a domain name with Usonyx and wish to change the Technical Contact from Usonyx to another company or change any other registration information, you should be able to do so by logging into the respective Domain Registrar Control Panel. Usonyx provides you with full access to your domain account by sending you your own username and password. It is important to note that your domain name registration information is made publicly available in the registry of domain names. In the event you lose your domain password, you can log a Help Desk ticket and we will re-send the password to the email address on the domain registration record. In the event you lose your password and the email address on record with Domain Registrar is no longer valid, a direct request to Domain Registrar is required, therefore it is important to keep your Domain Registrar email address current as well as your email address with Usonyx.

Will Usonyx Ever Send Me Direct Mailings?

From time to time, Usonyx may send you information about various products and services that may be of interest. We will not send you information of this type without specifically allowing you to “opt out” of such mailings. You can opt out by sending an e-mail to support@usonyx.net, however by doing so, you may miss important communication regarding your service.

In addition, if you are an Usonyx reseller, Usonyx and/or its partners and advertisers may from time to time send you newsletters, promotional material, and other mailings. You can opt out by sending an e-mail to support@usonyx.net.

How Do I Protect My Personal Information In Public Forums?

Usonyx may offer interactive forums, such as message boards and chat. You should be aware that when you voluntarily disclose Personal Information to other users or to third parties on the Usonyx system, through e-mail, or outside of the Usonyx system, that information can be collected and used by others and may result in unsolicited messages from other members or third parties. While Usonyx strives to protect your Personal Information, Usonyx cannot guarantee the security of any information that you transmit to Usonyx, and you are solely responsible for maintaining the secrecy of any passwords or other account information.

Information and access to your Personal Information

Based on what you have told Usonyx, Usonyx tries to ensure that your contact information and preferences are accurate, complete, and up to date. You have the right to request access to and rectification or erasure of Personal Information or restriction of processing concerning your Personal Information or to object to processing as well as the right to data portability. Usonyx will comply with erasure requests as long as Usonyx is not required to retain the Personal Information by law and does not need to retain it for its legitimate business purposes. Usonyx may decline to process requests that are frivolous/vexatious, jeopardise the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by emailing legal@usonyx.net.

Your Rights

As a Data Subject you have a number of rights in relation to your Personal Information. These include your rights:

To ask Usonyx to confirm what (if any) Personal Information Usonyx holds relating to you and how that data is processed and used by Usonyx (of.ten referred to as a ‘Subject Access Request’);

To have Usonyx rectify Personal Information which Usonyx holds about you that is inaccurate;

To have Usonyx erase Personal Information which relates to you if it is no longer necessary for Usonyx to continue to process it, or if Usonyx has no lawful basis to store, process or retain it (though Usonyx does have rights to refuse these requests in certain situations);

To object to Usonyx processing your Personal Information;

To be informed about the existence of any automated decision making and profiling of your Personal Information, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you;

To have Usonyx provide you with a copy of your Personal Information for transfer to an alternative provider of similar services.

Should you ever wish to exercise one or more of these rights you should contact Usonyx at legal@usonyx.net.

Third party websites

Usonyx Website may, from time to time, contain links to and from the websites of Usonyx partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Usonyx does not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Information to these websites.

Does Usonyx use cookies and web beacons?

Cookies

Yes, Usonyx uses cookies to distinguish you from other users of the Website and to improve your overall experience. When you use the Website, certain information may be stored locally on your device using ‘cookies’ or similar technologies such as objects stored in the device’s local storage. A cookie is a small text file used to store limited information about the user of the device. They help Usonyx to identify how Usonyx’ users use the Website, and so that Usonyx can continue to develop and improve it.

Cookies do this by storing information about your preferences on your device, including the device model, manufacturer, screen resolution, device capabilities, service provider, country and city location data. Usonyx uses the following types of cookies:

Strictly necessary: These cookies enable Usonyx’ Website to function correctly and deliver the services and products you have requested.

Performance & Functionality: These cookies are used to enhance the performance and functionality of Usonyx’ Website but are non-essential to their use (for example, Usonyx uses cookies to remember your preferences on the Website). However, without these cookies, certain functionality may become unavailable.

Analytical: These cookies collect information that is used either in aggregate form to help Usonyx understand how the Website is being used or to help Usonyx customise the Website for you. In particular Usonyx uses the Google analytics cookies. For more information about Google’s privacy policy, please visit http://www.google.com/intl/en/policies/. If you do not wish to allow the use of Google Analytics cookies at all, Google provides an opt-out plug-in for most common website browsers http://tools.google.com/dlpage/gaoptout.

By using the Service, you accept the use of cookies in accordance with this Privacy Policy.

Your cookie choices

You have the right to choose whether to accept or refuse cookies and similar technologies. You can exercise this choice by not accepting the Terms of Service and this Privacy Policy, however, please note that if you choose to do so, you will not be able to use the Service.

For more information about what cookies are and your rights to control cookies, please visit the third party educational resource www.allaboutcookies.org.

What About Privacy On Sites That Usonyx Links To?

Usonyx may provide links to its partners and other Internet sites. These sites have separate data and privacy practices independent of Usonyx, and Usonyx disclaims any responsibility or liability for their policies or actions.

How does Usonyx disclose the Personal Information it collects?

Usonyx will not otherwise disclose its customers’ personal and account information unless Usonyx has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Usonyx, Usonyx customers, or others, or where Usonyx has a good faith belief that the law requires such disclosure.

Usonyx cannot be responsible for protecting your Personal Information if you share such information in publicly available sections of the Website such as the user forums or testimonials section. You should use your own judgment in disclosing this information on the Website.

Usonyx also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Usonyx stores or transmits for its customers. The circumstances under which Usonyx will disclose such electronic customer communications are when:

  • it is necessary in order to provide service to the customer;
  • it is necessary to protect the legitimate interests of Usonyx and its customers;
  • it is required to cooperate with interception orders, warrants, or other legal process that Usonyx determines in its sole discretion to be valid and enforceable; and
  • it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Usonyx and appear to pertain to the commission of a crime.

Usonyx disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Usonyx will, however, review, delete or block access to communications that may harm Usonyx, its customers or third parties. The grounds on which Usonyx may take such action include, but are not limited to, actual or potential violations of Usonyx policies.

In the event that Usonyx is purchased by another company, merges with another company or has a substantial portion of its assets purchased by another company, Usonyx may share your Personal Information with that company. In such an event, Usonyx will notify you in accordance with the notice provisions of the Terms of Use.

Usonyx may disclose your Personal Information to affiliated third parties that assist Usonyx in providing maintaining, evaluating, improving and providing the Website, the Services and any other Usonyx products and services. Usonyx may disclose your Personal Information to affiliated third parties for the purposes of offering, marketing or advertising Usonyx products and services to you (such Usonyx products and services may reference, incorporate or include third-party products and services). In such an event, Usonyx will take reasonable measures to prevent such affiliated third parties from using your Personal Information for other purposes.

What if you have questions, comments or complaints about this Privacy Policy?

Please feel free to direct any questions, comments or complaints regarding this Privacy Policy using the contact information listed in the Notices section of the Usonyx Terms of Use. It is Usonyx policy to investigate and attempt to resolve all formal written complaints Usonyx receives concerning this Privacy Policy. Usonyx will cooperate with appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Usonyx and an individual.

With effect from 25 May 2018, the General Data Protection Regulation (GDPR) enters force. Your rights under that new regulation are explained at https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/. Details of how you can exercise those rights are set out in ‘Your Rights’. Usonyx have largely factored GDPR into this Privacy Policy but if you think Usonyx has failed to do so in any way, please notify Usonyx at legal@usonyx.net.

Billing Policy

Introduction

We (USONYX Pte Ltd) are committed to providing reliable and convenient billing system using latest billing automation technologies. Clients are expected to keep their account information up to date at all times. To facilitate this, all clients are provided with access to our online billing system at: Client Billing Login. USONYX billing system is primarily automated. The only manual billing performed is when an account has gone into suspension or if a customer needs special attention. Because of this setup, it is important to understand how this system works, and how it might affect operation of your hosting subscriptions.

Contract cycle and billing

Billings are performed once per contract cycle. Depending on a hosting plan, USONYX offers the following contract cycles: 1 month, 3 months, 6 months, 12 months and 24 months contracts. Any customer with multiple hosting subscriptions may have separate billing days for each subscription. If you would like to consolidate those into a single billing date, please contact USONYX billing department.

Payment via Credit Card

USONYX accepts payments via Visa and MasterCard. If you provide us with your credit or debit card information, you authorize USONYX to automatically charge the card listed in your account for any fees due on your account, such as: renewal fees, upgrade fees and other billable items. Recurring fees will be charged to the credit card number listed in your account until you remove your credit or debit card information or cancel your account. All charges made to your credit card will be posted from “WP-USONYX.NET WEBHOST” on your credit card statements.
To remove credit card information, please download the “Credit Card Details Removal Form” provided online at: HERE.
Complete and fax it to: +65 6509 0055.

Recurring Billing

All accounts are set up on automated recurring billing. Your credit card will be automatically charged to renew your contract cycle at the end of each contract cycle. If you do not wish to renew your contract, you must notify USONYX Billing Department by writing to billing@usonyx.net to request for termination of services prior to the end of you contract cycle.

Credit cards will be automatically charged prior to services being rendered and prior to the renewal date for services. In the event of a charge back, USONYX will immediately suspend all services to client until such time as full payment is received in addition to a S$20.00 charge back fee and a S$50.00 account reactivation fee.

Other Payment Methods

USONYX accepts payments by bank transfer, personal check, company check, and PayPal. All funds must be payable in Singapore dollars. USONYX does not accept international checks in foreign currencies. Payment for services by check must be received prior to renewal dates to avoid interruption of service.

Returned Check Fee

In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail allowing four (4) days rectifying the situation. If within the four (4) days the customer fails to pay all service fees, including a S$50.00 account reactivation fee and a S$30.00 returned check fee, customer’s subscsription will be permanently canceled. Cancellation includes the removal of all files on the account.

Accounts with Non-Usable Credit Cards

Credit cards on file are not usable when any of the following occur: The card has expired; The card declines the charges; The card is reported lost or stolen; The card is declared invalid. USONYX will charge the credit card on file on the recurring billing date. If a credit card payment fails, the customer will be sent an e-mail notice allowing four (4) days to rectify the situation either with a new payment method or by updating the credit card. If the card still does not accept our charge and no other payment has been received within four (4) days from the recurring billing date, the subscription will be suspended seven (7) days after the renewal date. The customer will have the option of reactivating the subscription after paying the full amount of the invoice due. An additional fee of S$50.00 will be assessed for reactivation. The reactivation fee is non-negotiable. Upon suspension of the subscription, USONYX will send an e-mail suspension notice to customer. If payment, including reactivation fee, is not received within seven (7) days of the deactivation notice, the subscription will be permanently canceled. This includes the removal of all files that may remain but does not alleviate client’s payment obligations under the hosting agreement.

Late Check/Non-Payment

If payment has not been received by the date of renewal of a subscription, the subscription will be suspended without exception. Upon suspension, USONYX will send an e-mail suspension notice to customer. The customer will have the option of reactivating the subscription after paying the full amount of the invoice due. An additional fee of $50.00 will be assessed for reactivation. The reactivation fee is non-negotiable. If payment, including reactivation fee, is not received within seven (7) days of subscription suspension, the subscription will be permanently canceled. This includes the removal of all files that may remain.

Invoices

USONYX does not mail hard copy of invoices or statements. Statements can be viewed and printed from the Client Billing Login at: https://billing.usonyx.net/clientarea.php

Account Re-Activation

Once a payment has been made on the overdue invoice the subscription will be re-activated within 12 hours of the payment except renewal of domain may take up to 72hours including propagtion if it’s within 120 days after its expiration, otherwise redemption fee is applicabled.

Updating your Billing Information

You can update your billing and personal information online at Client Billing Login.

Out-of-Date Records

Periodically it may become necessary for USONYX to contact the customer. If the information provided to us is not current, it may lead to the customer failing to receive notices. The customer is solely responsible for keeping all personal and billing information current at all times. USONYX is not responsible for actions that are taken as a result of a customer’s failure to respond to USONYX notices.

Customer Liability

USONYX shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from customer. Customer is solely responsible for all taxes and fees of any nature associated with USONYX products and service.

Billing Department Operational Hours

USONYX Billing Department operates during office hours: Monday – Friday 10am – 6pm except Public Holidays. Payments made after 6pm for the day will be processed on the next business day.

Policy Modification

USONYX reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Service Level Agreement

General Services Level Agreement

100% Network Uptime

We guarantee that data center network will be available 100% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the USONYX network extending from the outbound port on your edge device to the outbound port of the data center border router and includes USONYX managed switches, routers, cabling.

Guaranteed: USONYX will credit your account 5% of the monthly fee for each 60 minutes of network downtime, up to 100% of your monthly fee for the affected server(s) and services.

Technical Support

We provide 24/7/365 support through trouble tickets, you can reach us at http://support.usonyx.net. Average response time is 12 hours for services under general SLA for unmanaged and basic managed services, these include Shared hosting, email service, VPS, trVPS, semi dedicated server and dedicated server.

Infrastructure

We guarantee that data center HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems.

Guaranteed: USONYX will credit your account 5% of the monthly fee for each 30 minutes of infrastructure downtime, up to 100% of your monthly fee for the affected server(s) or service(s).

Hardware

We guarantee the functioning of all server hardware components and will replace any failed component at no cost. “Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within 12 hours of problem identification.

Guaranteed: USONYX will credit your account 5% of the monthly fee per additional hour of downtime, up to 100% of your monthly fee for the affected server(s) and service(s).

Credit Requests

To receive an SLA credit, USONYX customers must contact our billing department.

* ALL THE ABOVE DOES NOT APPLY IN THE EVENT OF A DISASTER.

Basic Service Level Agreement

**This applies to all VPS and Shared plans

SOFTWARE

Operating System: USONYX will perform the initial installation of the Windows and Linux operating systems, at no additional cost. Support for installation/setup/configuration of alternative operating system, and/or for those clients choosing not to utilize a USONYX supported control panel (cPanel/WHM/PLESK)–regardless of operating system selected will be charged a flat rate of $150.00/hr.

Control Panel

USONYX will perform the initial installation and test for cPanel/WHM or PLESK control panel for any VPS ordered. If a managed VPS includes cPanel/WHM software or PLESK, USONYX will support, to the best of it’s ability, control panel related problems and issues. This includes, and is limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc…), control panel installed 3rd party software (ie: proftpd, pureftpd, mailman, agora). USONYX will not provide support of the control panel software, or any of its’ 3rd party software inclusions, regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support. USONYX is not responsible for web development, non-supported 3rd party software and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). USONYX, at it’s discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications). USONYX will install cPanel/WHM control panel purchased through us, at no additional charge. Installation of USONYX supported control panel software requires, and will only be performed on, freshly installed operating systems.

Technical Support

Up to 5 support incidents or tickets monthly and it’s provided 24/7/365 support through trouble tickets per subscription basis. Average response time is 12 hours for services under general SLA on unmanaged and basic managed services, these include Shared hosting, email service, VPS, trVPS, Cloud, semi dedicated server and dedicated server.

Technical Support is limited to Operating system and web control panel only. Basic managed service does not provide support to any application installed for local or web purposes, example Microsoft SQL(any edition), Sharepoint, Active Directory, Exchange and etc.

HARDWARE

If any hardware component on a USONYX supplied system fails, USONYX will replace all faulty hardware affecting performance levels of equipment within 24 hours, which includes hardware issues that cause server crashes or speed issues.

DATA RECOVERY/BACKUPS

USONYX always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups–with or without USONYX or control panel supplied backup software enabled, or may purchase a managed backup solution from USONYX.

As per our TOS, BACKUP and SERVER RELIABILITY section, your use of this service is at your sole risk. USONYX is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on USONYX nodes and servers. Backup on all ervices is purely for disaster recovery purpose only. Retrieval and restoreation of files will be charged at S$80 per incident/ requeust for total size not more than 5Gb, and $50 per 5GB thereafter.

AUP/TOS ISSUES

USONYX may charge for dealing with AUP/TOS issues, and/or administration work required to prevent such from occuring again in the future. For details on such charges, please contact Billing Department.

ABNORMAL SUPPORT

USONYX charges a rate of $150/hour for support and/or administration work not included  for example website and service monitoring, recompilation of OS and its related components, system hardening, firewall and iptables setting, control panel administration, email administration, website administration, files transfers upload and download,  DNS administration, DNSBL/RBL mitigation or specified by the terms of this basic management policy. Support and/or administration work not included or specified by the terms of this management policy, will be performed by USONYX at it’s discretion, and dealt with on a case by case basis. Clientele will be informed of such charges in advance, and be required to give authorization to USONYX to proceed with such work.

*Contact USONYX for any item/service not explicitly detailed.

Unmanaged Service Level Agreement

PARTIES

A. WHEREAS, USONYX provides hosting service(s);
B. WHEREAS, Client desires USONYX to provide hosting service(s);
C. WHEREAS, Client agrees to Acceptable Usage Policy located on https://usonyx.net/acceptable-usage-policy-aup
D. WHEREAS, Client agrees to Information and Security Policy available online at: https://usonyx.net/information-security-privacy-policies
E: WHEREAS, Client agrees to Billing Policy available online at: https://usonyx.net/billing-policy

NOW THEREFORE, the parties agree as follows:

USONYX SERVICE LEVEL AGREEMENT

This USONYX Service Level Agreement (“SLA”) applies to all dedicated servers. The Client agrees that USONYX internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify USONYX and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.
USONYX may amend this SLA at any time. Updated copies of the SLA will be located at USONYX website.

1. DEFINITIONS:

1.1. Unmanaged or Self-Managed Service

(“Standard Network Based Security”) is defined as the overall core network security that USONYX provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server based security, firewalling, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.

(“Hard/Soft Manual Reboots in 30 Minutes or less”) is defined as your request being processed in 30 minutes or less for server reboot requests. The USONYX Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 30-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. The best effort is made to expedite server reboots as quickly as possible.

(“Online Bandwidth Monitoring Tool”) is defined as the real-time RTG graphs provided for you to review bandwidth usage. USONYX charges bandwidth on a per-Mbps basis, and bandwidth utilization details are provided via http://matrix.servy.net/cacti/ it is your responsibility to view and make adjustments when necessary. In the event that over utilization occurs, your account will be billed S$200.00 per Mbps.

(“24/7/365 Technical Support”) is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via ticket system. All support provided beyond hardware issues and server reboots is considered Advanced/Priority Support and is billable.

(“No monitoring/recovery included”) is defined as USONYX is not providing the monitoring of uptime or failed services. In the event of a server failure customer will initiate contact with USONYX and provide the procedure to perform. Recovery of server may be billable and is dependent on the nature of the required procedure(s).

(“Per Incident Support”) is defined as requesting technical support for a single support issue. Incidents are billed at S$100.00 for each unique support issue and include 30 minutes of Advanced Support, USONYX maintains the right to these requests on a case by case basis.

(“Self Maintained root/administrator access to server”) is defined as you maintaining root/administrative access on the server. It is not required on unmanaged that you allow USONYX constant access to your server.

1.2. USONYX Network

It is defined as the equipment, software, and facilities within the USONYX critical network segments, including USONYX contracted connectivity services to which the USONYX hosting environments are connected and are collectively utilized by USONYX to provide dedicated and co-location services.

1.3. Service Availability

Service Availability is the total times in a calendar month that the USONYX network segments are available through the Internet, provided that Client has established connectivity. USONYX takes responsibility for the Service Availability within its immediate routing perimeters, and cannot be held liable for problems directly related to an upstream bandwidth provider. USONYX hosting environments will be available to clients free of complete (minor latency notwithstanding) environment-wide outages for 100% of the time in any given month.

1.4. Service Downtime

Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.4, provided the interruption is determined to have been caused by a problem in the immediate USONYX network segment as confirmed by USONYX. Service Downtime is measured as the total length of time of the unplanned interruption (complete network outage) in Service Availability during a calendar month. USONYX provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher/third-party provider, not USONYX.

1.5. Scheduled Service Downtime

Scheduled Service is any USONYX interruption of Services. Scheduled Service Downtime occurs during a USONYX standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of USONYX abilities as to align the window of maintenance with the Client’s explicit wishes.

1.6. Performance Credit

Performance Credit occurs when 99.99% uptime is not met. USONYX will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer’s monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

1.7. Billable System Administration

Billable System Administration” is operation, configuration, performance tuning, security configurations and any interaction with the operating system or software installed on the server in question that is not already provided within the management plan of the server in question.

2. Service Downtime Performance Credit
In the event of Service Downtime in which monthly Service Availability is less than 99.99%, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions

3.1. This SLA does not cover Service Downtime caused by problems in the following:

  • Client’s local area network.
  • Client-provided Internet connectivity or end-user software.
  • Entities inside Client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
  • Any predetermined Scheduled Service Downtime.
  • Any problems beyond the immediate USONYX network segment.
  • Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
  • Inaccurate configuration.
  • Non-compliant use of any software installed on the server.
  • Client initiated server over-utilization.
  • Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
  • Problems associated with Operating System, Software, or Applications.

3.2. Billable System Administration which applies to any “advanced support” not covered under the given Management Services. In the event these are exceeded billable system administrations will apply, based on approval from client.

  • System Administration of the client’s server.
  • Software installations performed by USONYX.
  • Virus and Security Scans of the server.
  • Configuration of the operating system, services provided on the server.
  • Security auditing and resource management & efficiency of the server.

4. Server Hardware for Dedicated Servers

4.1. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

4.2. Hardware Replacement Guarantees and service levels are defined as applying to servers less than 24 months in production and apply to only the Dell PowerEdge servers. Next Business Day Hardware Replacement is available to all servers and 12 hours Quick Hardware Replacement for server under Managed service agreement.

4.3. Hardware Replacement will occur Next Business Day for all servers of the reported problem less Server on contract arrangement, replacement will be carried on within 12 hours, USONYX will refund 5% of the monthly fee per additional one hours of down time (up to 100% of customer’s monthly fee).

4.4. Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, USONYX will restore the system to its original state however possible.

4.5. USONYX is not responsible for the restoration of data to server. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. USONYX shall not be liable for loss of data under any circumstances.

4.6. USONYX does not take responsibility for the overall security of servers. If servers are compromised in any way, USONYX reserves the right to immediately audit the server. Our medium to upper-tier dedicated service plans receive monthly security auditing, per request, as part of our overall managed services program but security is the responsibility of the client. USONYX reserves the right to cancel service if servers are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. A fee of S$200.00 per hour will be incurred in respect to any security related work performed due to any such server being compromised by negligence on the part of the server owner.

5. Terms of Service

5.1. Termination & Penalty:
For termination of plan within the contractual period, a penalty charge of S$50 + (monthly subscription x remaining number of months in contract) will be imposed. In addition, the cost of the free gift(s) will be chargeable as per list price where applicable.

One month advance notice is required for termination of this service before or after the contractual period. A penalty fee of 1 month the subscription value will be imposed if notice period if less than 1 month.

No downgrading of plans is allowed within the contractual period.

6. Payment

Establishment of this service is dependent upon receipt by USONYX of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. The accepted methods of payment are credit card (Visa & MasterCard payment online) wire transfer, cheque, or money order. Customers are responsible for any additional transaction fees that coincide with any payment methods. Cheques, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by USONYX in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with The Company.

Payment for services must be received by The Company prior to the end of the five day grace period allowed for services.

If a cheque is returned for any reason, the account will be assessed a S$50 service charge. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. GMT+8 the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees.

7. Additional Fees
Service will be interrupted on accounts that reach 7 days past due. Service interrupted for any reason including non-payment, abuse, or requested cancellation is subject to a S$200.00 reconnect charge. If a cheque is returned for any reason, the account will be assessed a S$50.00 service fee. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. GMT+8 the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Accounts that are not collectable by USONYX will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than S$100.00 nor more than S$500.00.

8. Invoicing
USONYX does not utilize paper or hard-copy invoices. All invoices are sent via email. Clients that normally pay via cheque, money order, or wire transfer will have their invoices emailed, by default, 30 days prior to the invoice due date. Clients are to ensure that the contact information kept with USONYX is duly updated

Refund and Disputes: All payments after the initial 30 days of service to USONYX are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 15 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in USONYX’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay USONYX an “Administrative Fee” of not less than S$100 and not more than S$250.

Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Company provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via cheque.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.

9. SPAM and Unsolicited Commercial Email (UCE)
USONYX takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of USONYX may not use or permit others to use our network to transact in UCE. Clients of USONYX 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.

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

First violations of this policy will result in an “Administrative Fee” of S$400 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of S$800 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed S$250 per hour that USONYX personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your USONYX dedicated server.

As our Clients are ultimately responsible for the actions of their clients over the USONYX network, it is advisable that Clients develop a similar, or stricter, policy for THEIR clients, as to avoid End-User Content Policy (EUCP) Violations.

10. Network
IP Address Ownership: If USONYX assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to USONYX, and Customer shall have no right to use that Internet Protocol address except as permitted by USONYX in its sole discretion in connection with the Services, during the term of this Agreement. USONYX shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by USONYX, and USONYX reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by APNIC’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the USONYX Network. Violations of system or network security may result in civil or criminal liability. USONYX will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

  • These violations include, without limitation:
  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “exploiting vulnerabilities”
  • Forging any TCP/IP packet header in a transmission and/or any part of the header information in any e-mail-based or newsgroup posting
  • Taking any action in order to obtain services to which such User is not entitled.
  • Addition of IP addresses that have not been specifically assigned to the server

Notification of Violation: USONYX is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which USONYX determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at USONYX’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations

Second Violation: Users that USONYX determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop (blacklist/null-route/un-route) the section of IP space involved in Spam/Virii/Illegal-Distributions or Denial-of-Service/Packet-storm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. In particular, if open SMTP relays are on your network or a customer’s network, or if denial-of-service attacks are originating from your network space. In certain, rare cases, we may have to take action before attempting to contact you. If we do this, we will contact you as soon as is feasible, once the situation is stabilized.

11. Suspension of Service or Cancellation
USONYX reserves the right to suspend network access to any customer if in the judgment of the USONYX network administrators the customer’s server is the source or target of a violation of any of the other terms of the AUP or for any other reason that USONYX deems necessary. 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.

USONYX reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of USONYX must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

12. Usage of Microsoft License

This document also concerns the use of Microsoft software, which includes computer software provided to you by USONYX as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively “SOFTWARE PRODUCTS”). USONYX does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations which USONYX needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with USONYX, and to your understanding of, compliance with and consent to the following terms and conditions, which USONYX does not have the authority to vary, alter or amend.

12.1. DEFINITIONS
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Redistribution Software” the software described in Paragraph 4 (Use of Redistribution Software”) below.

12.2 OWNERSHIP OF SOFTWARE PRODUCTS.
The SOFTWARE PRODUCTS are licensed to USONYX from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The international copyright treaties as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.

12.3. USE OF CLIENT SOFTWARE.
You may use the Client Software installed on your Devices by USONYX only in accordance with the instructions, and only in connection with the services, provided to you by USONYX.

12.4. USE OF REDISTRIBUTION SOFTWARE.
In connection with the services provided to you by USONYX, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively called “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO USONYX, WHICH TERMS MUST BE PROVIDED TO YOU BY USONYX. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by USONYX.

12.5. COPIES.
You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your device as expressly authorized by USONYX; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with USONYX or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.

12.6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY .
You may not reverse, engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable by law, notwithstanding this limitation expressly permits such activity.

12.7. NO RENTAL.
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

12.8. TERMINATION.
Without prejudice to any other rights, USONYX may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

12.9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT.
ANY WARRANTIES LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY USONYX AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.

12.10. NOT FAULT TOLERANT.
THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVER PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

12.11. EXPORT RESTRICTIONS.
The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information see Http://www.microsoft.com/exporting/

12.12. LIABILITY FOR BREACH.
In addition to any liability you may have to USONYX, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

13. Indemnification 
USONYX wishes to emphasize that in agreeing to the USONYX Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies USONYX for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to USONYX or the bringing of any claim against USONYX by any third-party. This means that if USONYX is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against USONYX, plus all costs and attorney’s fees.

14. Miscellaneous Provisions

The Client must provide The Company with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at any time without further obligation

USONYX takes no responsibility for any material input by others and not posted to the USONYX Network by USONYX. USONYX is not responsible for the content of any other websites linked to the USONYX Network; links are provided as Internet navigation tools only. USONYX disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
USONYX is not responsible for any damages your business may suffer. USONYX does not make implied or written warranties for any of our services. USONYX denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by USONYX.

15. Responsibility for Content
The Client as USONYX’s customer, are solely responsible for the content stored on and served by your USONYX server.

16. Support Boundaries 
USONYX, provides 24/7 technical support to our Clients. We limit our technical support to our specific areas of expertise. The following are our guidelines when providing support: USONYX provides support related to your server and the core, critical functions of the OS and basic critical TCP/IP services.

USONYX does not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET , PHP, MySQL, Microsoft SQL or any other programming/database application. USONYX does not provide technical support for YOUR End-User Clients.

USONYX partners with a number of software companies and acts as the frontline of support for these products. USONYX will provide best effort support for applications but does not warrant bug fixes or advanced problem resolution of these products. Escalation of such issues the companies that have programmed the software are subject to the standard $200.00 per hour rate which includes the total amount of time spent. Resolution of bugs and advanced support issues is dependant upon the developers of the software in question.

Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of USONYX is required to login to your server for over 15 minutes and provide support, system administration fees can be applied to your account.

17. WARRANTIES
USONYX has the right to enter into this Agreement and to grant the rights granted in it.
USONYX shall, in good faith, comply with the terms of this Agreement.
The goods and services provided by USONYX are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 8) TITLE.

CLIENT AGREES THAT ANY EFFORTS BY USONYX TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY USONYX WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT USONYX SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF USONYX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT’S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, USONYX liability is limited to the greatest extent permitted by law.

The parties expressly recognize that USONYX does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with USONYX. USONYX does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through USONYX AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. USONYX shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, USONYX liability is limited to the greatest extent permitted by law.

The parties expressly recognize that USONYX cannot and does not guarantee or warrant that files are available for downloading through USONYX will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to USONYX for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.

18. Entire Agreement
This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures.
By signing this agreement you are activating your account based on the contractual period as stipulated in this agreement.

Termination: Termination of this contract EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR SERVICE PLAN BEFORE THE END OF THE CONTRACTUAL PERIOD, OR IF WE TERMINATE SERVICES FOR VIOLATIONS OF THIS CONTRACT BEFORE THE END OF THE CONTRACTUAL PERIOD, YOU WILL BE REQUIRED TO PAY SUBSCRIPTION FEE OF THE REMAINING CONTRACT.

19.Final Information
EXHIBITS
Client agrees that the order placed is accurate that all services requested from USONYX are contained within this agreement. Included with this contract you should print off and all copies signed that was generated for you.

Download a PDF version here.

GDPR FAQ

The General Data Protection Regulation (GDPR for short) is Europe’s big new data privacy law. It comes into effect on 25th May 2018 and is the most significant piece of European data protection legislation to be introduced in over 20 years.

What is GDPR?

GDPR sets out new rules for how all European residents’ data must be handled and replaces the 1995 EU Data Protection Directive.

GDPR strengthens the rights that individuals have regarding personal data relating to them and seeks to unify data protection laws across Europe, regardless of where that data is processed.

A regulation such as the GDPR is a binding act, which must be followed in its entirety throughout the EU.

Who does GDPR apply to?

GDPR compliance isn’t just for European companies.

GDPR applies to businesses of all sizes, regardless of whether you have 1 or 10,000 employees, and regardless of where you or your company is based.

If you offer products and services to customers located within Europe, then GDPR will apply to you.

What data is protected?

The data that is protected under GDPR (as with the DPA) is data concerning individuals (not companies). However, the definition is wider under GDPR and “Personal Data” extends to any information pertaining to an individual, whether it relates to their private, professional or public life. It can be anything from a name, to a home address, photo, email address, bank account details, posts on social networking websites, medical information, a computer’s IP address and more. In other words, if in the course of running your business you collect and use any data about anyone that identifies them, this will be Personal Data and you are required to follow the law in the way it is handled, accessed, stored or transferred. The individual is called the Data Subject.

Here is a link to an overview of the GDPR by the ICO: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr.

What is Usonyx doing for GDPR?

We’ve updated our privacy policy to reflect the compliance requirements of GDPR. You can find Usonyx Privacy Policy at: usonyx.net/privacy-policy

Where can I find out more?

Below are some links to more information:

Usage of Microsoft License(s)

This document also concerns the use of Microsoft software, which includes computer software provided to you by USONYX as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively “SOFTWARE PRODUCTS”). USONYX does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations which USONYX needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with USONYX, and to your understanding of, compliance with and consent to the following terms and conditions, which USONYX does not have the authority to vary, alter or amend.

DEFINITIONS

“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Redistribution Software” the software described in Paragraph 4 (Use of Redistribution Software”) below.

OWNERSHIP OF SOFTWARE PRODUCTS

The SOFTWARE PRODUCTS are licensed to USONYX from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The international copyright treaties as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.

USE OF CLIENT SOFTWARE

You may use the Client Software installed on your Devices by USONYX only in accordance with the instructions, and only in connection with the services, provided to you by USONYX.

USE OF REDISTRIBUTION SOFTWARE

In connection with the services provided to you by USONYX, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively called “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO USONYX, WHICH TERMS MUST BE PROVIDED TO YOU BY USONYX. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by USONYX.

COPIES

You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your device as expressly authorized by USONYX; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with USONYX or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

You may not reverse, engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable by law, notwithstanding this limitation expressly permits such activity.

NO RENTAL

You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

TERMINATION

Without prejudice to any other rights, USONYX may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT.
ANY WARRANTIES LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY USONYX AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.

NOT FAULT TOLERANT

THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVER PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

EXPORT RESTRICTIONS

The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting

LIABILITY FOR BREACH

In addition to any liability you may have to USONYX, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.