Client Area

Untitled Document Term Of Service

EFAIZENT Network provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.
FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on EFAIZENT Network servers.

Content :
Welcome to the EFAIZENT Network terms and conditions, which apply to your use of the EFAIZENT Network Website. By using our server or subscribe our services at this Website, you agree to be bound by them.

DEFINITIONS
" Conditions " means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; " User ( s ) " means (a) user ( s ) of the Website either collectively or individually, as the context requires; " We/us/our " means EFAIZENT Network , " Website " means the website located at http://www.mylabuan.com or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.

1. ACCESS
We will provide you with access to the Website in accordance with these Conditions.

2. YOUR OBLIGATIONS
2.1 You :
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

3. INDEMNITY
3. 1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.

4. OUR RIGHTS
4.1 We reserve the right to :
4.1.1 Suspend or Remove, temporarily or permanently, your Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of your Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website or Server (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using our Server or Website.
4.1.3 We will use our reasonable endeavors to maintain our Website or Server. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of your Website or because of a failure, suspension or withdrawal of all or part of your Website due to circumstances beyond our control.

5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

6. MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate ( which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website ).

7. YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable International Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.

8. INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright, EFAIZENT Network , 2003-2010. All rights reserved.

9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to U0271, 2nd Floor JATI Commercial Centre, P.O. Box 80450 87014 W.P Labuan, Malaysia.;
9.1.2 by email to admin@mylabuan.com
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.

10. Transfers
We do free transfers of accounts you want moved to our servers from providers which use cPanel. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the nameservers. If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that. We do transfers just because of courtesy to our clients.

11. Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 USD or MYR 10.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 MB - 1 GIG will be treated and billed as the same.

12. Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from an EFAIZENT Network server or using an email address or domain/sub-domain that is maintained on an EFAIZENT Network machine as reference is STRICTLY prohibited. EFAIZENT Network will be the sole arbiter as to what constitutes a violation of this provision.

13. Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

14. Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

15. IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

16. Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, EFAIZENT Network will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, EFAIZENT Network will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced EFAIZENT Network that the abuse will not occur again. We will endeavor to provide prior notification before carrying out any such action but EFAIZENT Network may do so without any such notification, in its own discretion.

17. General Abuse

Any attempt to cause harm or undermine EFAIZENT Network servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to :
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (know as spamware)
11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
13. Providing/Promoting material about Fraudulent or Phishing website involves using fake emails and/or fake websites
14. Providing/Promoting material about exploitation of children under the age of 18

18. Forbidden | Unacceptable Content

18.1 No Cracked/Pirated software, and material that violates copyright law.
18.2 : No Illegal MP3s or AVIs.
18.3 : No Photos or Images for which you do not own the copyright.
18.4 : No Eggdrops, Torrents, Virus/Trojans (nor can you link to them), IRC, Hack Programs, Hack Archives.
18.5 : No Game servers.
18.6 : No Hate, Threatening or Obscene sites.
18.7 : No XXX Site.
18.8 : No Gamer/Gaming/Gambler/Casino related sites.
18.9 : No Anime themed nor related sites.
18.10 : No sites that link to unacceptable material as provided in this TOS
18.11 : No proxy scripts, shell scripts or scripts that allow SSH or simulated SSH access.
18.12 : No Doubler, Pyramid, HYIP program or FOREX Investments Programs
18.13 : No Free Email Accounts. You cannot use our service to supply free email accounts to users. We are not to be used as a free email service.
18.14 : No sites or content that is not easily discernable or translated by our staff. ( We accept English and Malay Language Only).
18.15 : Financial sites (such as bank, brokerage) without verification of accreditation and company papers.
Note : Any sites that are found to contain this content will be suspended or terminated without any warning.

19. Email Abuse

The following activities are considered as email abuse and are prohibited
19.1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
19.2. Stealth Emailing. This includes forging, altering or removing email headers
19.3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
19.4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
19.5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed by EFAIZENT Network are ALSO prohibited if they link to websites, content or material hosted on EFAIZENT Network servers/systems.
Emailing abuse carries a fine of up to $100 USD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action.

20. Mass-Mailing Policy
EFAIZENT Network (MyLabuan Hosting) has implemented a new mass-mailing policy that is effective immediately due to the rising incidents of commercial unsolicited emailing that could lead to our IPs being blacklisted by anti-spam groups if we don't take action.
We have setup a global restriction that will prevent all end-users from sending more than 100 emails per domain per hours. The restriction does not apply to incoming email and you can receive unlimited incoming email.

21. Web File or Database Backup Policy
It is the clients responsibility to do all back ups of their site . If, in the unfortunate event that something happens to your files, it is your responsibility to have a local copy of them. EFAIZENT Network ( Mylabuan Hosting ) is NOT held liable in any way for any files, money, time, effort, etc. lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises whatsoever about whether the files will be brought back successfully or not. Again, back ups are the client's responsibility.

22. Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
All Sub-Networks, distributive hosting sites of EFAIZENT Network must adhere to the above policies.

23. Resource Usage
- MyLabuan Hosting Customers may not initiate the following (below), if any customer does your account may terminate the account with NO REFUND. Depending on the situation there will/won't be warnings sent.
23.1. Use 20% or more of system CPU resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP,CRON Job, MYSQL etc.
23.2. Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home
23.3. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed (applies to shared/reseller hosting only).
23.4. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons (applies to shared/reseller hosting only).
23.5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
23.6. Run any file sharing, bit torrent or other P2P network services, client or server software.
23.7. Run any gaming servers such as counter-strike, half-life, battlefield 1492, etc

24. Account Deactivations
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $20.00USD to be paid prior to reactivating the account.

25. 30 Day Money Back Guarantee
EFAIZENT Network customer satisfaction is our top priority. If you are not completely satisfied with our services, you can cancel your service anytime and get back a full refund within the first 30 days of usage. However, for monthly payment, we only refund if you cancel before 14 days.
Notes: Domain registration fee is non refundable.
25.1 - This policy does not apply to any additional services such as addtional bandwith, disk space, domains, ssl certificates, IPs, etc.
25.2 - This policy does not apply to any suspended or removed account because of TOS Violation.
25.3 - This policy does not apply for payment via MoneyGram or Western Union.
25.4 - This policy does not apply for VPS Hosting. VPS Hosting sales are FINAL and NO REFUND Policy

26. Taxes
Currently we NOT CHARGE any TAX to all our client.

27. REFUND AND CANCELLATION
*All payments to MyLabuan Hosting are non-refundable* unless the client is within the 14 or 30 day money back guarantee period. All cancellation requests must be received via the ticket system by logging into your client area at http://www.efaizent.net but we may require further verification when doing so. Cancellations must be made prior to the next billing cycle.

28. REFUSAL OF SERVICE
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

29. LIMITATION OF LIABILITY

30.1 WHILE WE WILL USE REASONABLE ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
30.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
30.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
30.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under US law and International.
30.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
30.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
30.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
30.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
30.7.2 any loss of goodwill or reputation; or
30.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
30.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

31. SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

32. WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

33. SURVIVAL
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

33. ENTIRE AGREEMENT
These Conditions ( as amended from time to time ) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

34. LAW
The Conditions will be exclusively governed by and construed in accordance with the laws of Malaysia whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

35. CREDIT CARD PAYMENT PROCESSOR
We are not collecting credit card info at our website. All transaction will be handle by PayPal or other Merchant Partner.

Collection Of Information
EFAIZENT Network collects personal information in order to offer or provide goods and services to consumers and our customers. We may obtain this information from a variety of sources :
· Directly from customer applications, questionnaires and other materials submitted to us by customers;
· From transactions in which EFAIZENT Network and consumers are involved;
· From clickthru activity on our web sites; and
· From a variety of third-party sources, such as our business customers, government repositories, consumer reporting agencies and other financial institutions.

Disclosure Of Information
EFAIZENT Network does not disclose customer information to third parties without first giving customers an opportunity to opt-out of certain kinds of disclosures. There are some disclosures to third parties that are not subject to the opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud.

Recipients Of Information
EFAIZENT Network may disclose consumer information to companies affiliated with EFAIZENT Network and to companies or other parties not affiliated with EFAIZENT Network ( subject to consumers' opt-out rights )

These recipients include:
· Financial institutions, such as banks, credit card companies and brokerage houses;
· Companies that process transactions or provide other services for us;
· Government agencies; and
· In addition, under Malaysia law EFAIZENT Network is permitted to disclose customer information to certain recipients, like credit reporting.

We are Committed to Protecting the Confidentiality of Personal Consumer Information
EFAIZENT Network limits access to personal information to those employees of EFAIZENT Network and its affiliates who need it to fulfill their business responsibilities.
Employees must adhere to EFAIZENT Network privacy policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal.
Vendors and other outside contractors we engage are subject to our contractual requirements to ensure that sensitive personal information is safeguarded.

We use Appropriate Security SafeGuards
At EFAIZENT Network, security is a priority. We employ appropriate measures to protect consumer information against unauthorized access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. EFAIZENT Network continually reviews and enhances its security systems, as necessary.

WE MAINTAIN PROCEDURES TO ASSURE THE QUALITY OF INFORMATION WE COLLECT AND WHERE APPLICABLE, WE WILL INFORM CONSUMERS ABOUT HOW THEY CAN ACCESS THEIR PERSONAL INFORMATION AND MAKE CORRECTIONS, IF NECESSARY.
EFAIZENT Network employs appropriate measures to assure the quality of information we collect directly from consumers. Where EFAIZENT Network collects information directly from consumers or sources other than our business customers, we permit them, if possible, to dispute or correct any erroneous or out-of-date personally identifiable information. Of course, this correction would not be possible if the information is proprietary to one of our business customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information. You can correct factual errors in your personally identifiable information by sending us a written request that credibly shows error. We reserve the right to independently verify claims made. To protect your privacy and security, we also will take reasonable steps to verify your identity before making corrections. We reserve the right to assess a service charge for providing you any information in connection with your request.
THE EFAIZENT Network WEBSITE IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13.
Our website is not directed at children under the age of 13 and EFAIZENT Network does not collect or maintain information at our website from those we actually know are under the age of 13.

Website may be linked to other Websites
EFAIZENT Network may create links to third party websites. EFAIZENT Network is not responsible for the content or privacy practices employed by websites that are linked from our website.

OPT out Right

EFAIZENT Network may disclose consumer information to third parties as described earlier in this notice. Many of these disclosures are beneficial to consumers because they permit goods and services of interest to consumers to be offered to consumers at attractive rates. We strive to give consumers choices about how their data will be used. You have the right to opt-out of (direct us not to make) these disclosures when the consumer information is about you. Of course, there are some disclosures to third parties that are not subject to the opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud. When you use this service, you will be asked whether you wish to opt out. If you wish to opt out, simply check the appropriate box and submit your choice.
If you have any questions or indeed comments about our Online Privacy Statement, or for some reason believe we have not adhered to our statement, please contact :
E-mail the EFAIZENT Network Administrator : admin@mylabuan.com
We may alter this statement as needed for certain products and services and to abide by local laws or regulations around the world. EFAIZENT Network reserves the right to amend or modify this statement from time to time. We urge you to review this statement whenever you visit in order to obtain the most current statement. You may change your choices at any time.