The following is the entire Acceptable User Policy ("AUP") agreement between NODE.ID ("NODE.ID") and the personal or corporate account holder ("YOU/YOUR/Customer").
NODE.ID provides virtual servers with CPU, memory, disk, and network bandwidth..
NODE.ID has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
NODE.ID general policy is to act as a provider of Internet presence. NODE.ID reserves the rights to suspend or cancel a customer's access to any or all services provided by NODE.ID when we decide that the account has been inappropriately used.
SERVER ABUSE
Any attempt to undermine or cause harm to a server or customer of NODE.ID is strictly prohibited.
NODE.ID will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to NODE.ID, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - NODE.ID has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC and game server. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by NODE.ID to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are outof-date and actively being exploited may be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Server instances may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
BANDWIDTH ABUSE
The intention of NODE.ID is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
VPN and tunneling are allowed as long as for internal use with normal bandwidth usage.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation.
NODE.ID takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through NODE.ID ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with NODE.ID at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - NODE.ID endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from NODE.ID to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via NODE.ID's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the NODE.ID NOC. NODE.ID's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the NODE.ID network.
(3.) CREDITS - In the event that YOUR website is unavailable for less than 100%, NODE.ID will credit to the YOUR balance. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:
TECHNICAL SUPPORT BOUNDARIES
NODE.ID provides technical support for YOU that encompasses within our area of expertise only.
However, in under no circumstances is NODE.ID neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
FILE SERVER
All electronic files stored within NODE.ID's file-servers must be legallyowned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications.
PAYMENT POLICIES
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. NODE.ID reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies NODE.ID to request for termination of services. All payment is in Indonesian currency.
CANCELATION OF SERVICE
NODE.ID reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by NODE.ID if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).
If YOU cancel, the full contract amount less any setup fees and overages will be refunded if NODE.ID is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.
All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.
PROMOTIONAL RATES & SPECIAL OFFERS
NODE.ID may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through NODE.ID's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use NODE.ID or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the NODE.ID network. If YOU use a domain name in connection with NODE.ID or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
NETWORK SECURITY
Customers may not use the NODE.ID network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
NODE.ID will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
ELECTRONIC COMMERCE
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
IP ADDRESS OWNERSHIP
NODE.ID shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by NODE.ID. NODE.ID reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
LAWFUL PURPOSE
NODE.ID reserves the right to refuse service to anyone. YOU may only use NODE.ID server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers.
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3".
The designation of any materials as such described above is left entirely to the discretion of NODE.ID management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that NODE.ID may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Jakarta, Indonesia, and any dispute will be litigated or arbitrated in Jakarta, Indonesia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL NODE.ID'S MAXIMUM LIABILITY EXCEED FIVE MILLIONS RUPIAHS (IDR 5,000,000)
INDONESIAN LAWS AND REGULATIONS
Your usage of NODE.ID services must comply and obey with Indonesian laws and regulations.
INDEMNIFICATION
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD NODE.ID HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST NODE.ID, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NODE.ID AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NODE.ID'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM NODE.ID'S SERVER.
DISCLAIMER
NODE.ID WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. NODE.ID MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NODE.ID DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY NODE.ID AND ITS EMPLOYEES. NODE.ID RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF NODE.ID MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
PRIVACY STATEMENT
NODE.ID follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.