Acceptable Use Policy (Service Contract)
We at Fragnetics strive to provide our customers service and resources of the highest quality. It is our goal to forge a common understanding between the client and host that will result in mutual benefit toward the parties involved. In order to do so, we need to lay down the groundwork for a conducive environment in which both host and user are subject to compliance to terms and conditions. By submitting your placement of information and subscribing to Fragnetics web hosting and Internet-related services, you are acknowledging that you have fully read and understood the terms and conditions stated in this agreement, and you are agreeing to be bounded by the stated terms and conditions. If you do not agree with the terms of service, or do not desire to be bound by the terms and conditions, please discontinue usage of Fragnetics services immediately.
This Acceptable Use Policy sets forth the principles that administer the use by customers of the Web-based products and services provided by Fragnetics, with the primary aim of shielding our customers and the Internet community from irresponsible, abusive or illegal activities.
(I) Acceptable Use
Fragnetics' services shall be used for lawful purposes only, and all activities, content or transactions occupying Fragnetics web space or services must adhere to all applicable laws of The Republic of Singapore. All members of the Fragnetics network or individuals held liable for content placed on Fragnetics servers will ensure that Fragnetics server space and its assorted services will be employed for purposes which do not violate Singapore law. All subject matter should be inoffensive in nature and care should be taken to not violate any intellectual property rights. Considerate network usage that results in network fluency is encouraged.
(II) Unacceptable Use
Fragnetics considers the below-mentioned behaviour, as well as any actions which will deny other users access or causing of harm in any manner unacceptable. Any complaints or notification of a third party of inconsiderate or illegal, or otherwise unacceptable use of Fragnetics systems and servers will warrant immediate suspension or termination of account, and may lead to subsequent legal investigation and prosecution.
Limitation of Liability
Fragnetics cannot be held responsible for the irresponsible behaviour of our clients nor the content of pages under our service if the use thereof by the customer violates any regulations in any jurisdiction. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site. Subscribers engage in unacceptable use in violation of the service level agreement and Fragnetics' policy when they engage in the following, non-exclusive list of prohibited activities:
- (A) Spamming
Sending large volumes of unsolicited commercial e-mail over the Internet using a Fragnetics-hosted email or URL to distribute commercial e-mail is prohibited. Besides the obvious setback of impeding the network and disrupting service to other subscribers, it poses a highly negative threat to the reputation and consumer attitudes toward Fragnetics, thus users who utilize Fragnetics services for mail bombing or mail fraud are subject to prosecution to the fullest extent of the law. Anyone who uses a Fragnetics account or employs Fragnetics services in any way to spam, mail-bomb, or otherwise create inconvenience for a third party in such a way as to deem it necessary to notify the Fragnetics webmasters will be strictly dealt with. They will have their accounts suspended or terminated without notice or compensation.
- (B) Hacking/Cracking
Any behaviour which constitutes the circumvention of user authentication or security procedures under the charge of the Fragnetics network, is strictly prohibited. Actions which fall under this description include, but are not limited to; attempting to access data which is out of bounds or otherwise unauthorized to the customer, logging into an unauthorized Fragnetics server or account, or any other breach or probe of security.
- (C) Violation of Legal Rights
Any activity which constitutes a violation of privacy, publicity or a legal rights policy or any other infringement of the intellectual property copyrights of a third party falls under this heading. This includes, but is not limited to;, the breaching of trademarks and patents, engaging in software piracy, unauthorized leakage of private information, defamation or slander are examples of violations of legal rights. Fragnetics will remove or block access to customer content or terminate customer privileges upon a breach of the above.
- (D) Display of Obscenities
Employing the Fragnetics network to display or advertise pornography of any type is illegal under Singaporean law. Customers who post any content which is deemed obscene, outrageously offensive or otherwise intolerable in any manner will be notified. Failure to take action upon such notification may result in the suspension or termination of the account.
- (E) Other violations
The above list is non-exclusive, and any other activities perceived to be illegal or harmful in nature under the sole discretion of the Fragnetics network, including the creation and distribution of viruses, pyramid schemes, credit card fraud, the facilitation of a violation of this acceptable use policy, or any other network unfriendly activity is also banned. If you are unsure of whether your usage of web space will constitute a breach of policy please consult our webmasters who are standing by to advise you on proper web etiquette.
(III) Settlement of Fees
A non-payment of the agreed sum of money in full on stipulated dates of payment will be regarded as a breach of this acceptable use policy. Payment not remitted in full will also be considered as a non-payment of fees. The issue of non-payment or late and overdue payment will be settled separately from the above violations in the respective ways in the following categories:
- (A) Late and Overdue Payment of Fees
- Late Payment of Fees
The Fragnetics network expects the agreed sums to be remitted in full by 1200 (+8 GMT) of the specified date. If the sum is not received by the Fragnetics network before this time, and deferral of payment has not been authorized to the customer, it is deemed as a non-payment of fees. If, however, the full payment is received within one month of the specified time, it is considered as a late payment of fees.
The Fragnetics network will not charge for the first two late payments. However, the third and subsequent late payments will incur a surplus charge. This surplus charge will be incurred even if a deferral has been authorized, and will be calculated at 10% of the customer's bill. This extra charge will be not be added to the current late bill, and is payable upon the subsequent month.
- Overdue Payment of Fees
If deferral of payment has not been authorized to the customer, and payment is not received within a month of the stipulated billing time, it is considered as an overdue payment of fees and a surplus of 20% will immediately be charged to the customer's account. This amount will be payable upon the subsequent month.
- Additional Information
There will be no leeway for the charge on overdue payments.
All late or overdue fees cannot be carried over and must be paid on the subsequent month in full or this will warrant a non-payment of fees.
- (B) Non-Payment of Fees
If deferral of payment has not been authorized to the customer, and payment of the bill in full is not received within two months of the stipulated billing time, it is considered as a non-payment of fees.
- Termination of Account resulting from Non-payment of Fees
Non-payment of fees will subject the customer's account to immediate termination if correspondence is not received from the customer within the two-month period. If your account has been terminated due to a non-payment of fees, you may request for a reinstatement from the webmasters who will determine the penalty on a case by case basis.
- (C) Deferral of Payment
If you are unable to pay, or encounter difficulty in the settlement of fees on time, you can request the Fragnetics network for a deferral of fees via email to the webmasters. Deferral will be authorized only on a case by case basis and the authorization of deferral is decided and granted solely by the webmasters. Supporting documentation or evidence of difficulty of payment may be provided via mail or e-mail but the decision will ultimately be made by the administrators.
(IV) Upholding of Policy
The Fragnetics network upholds a zero-tolerance stand against any apparent or found breach of the above acceptable use policy. Any customer is discovered in an apparent contravention or attempted circumvention of the above policy, or who acts in a behaviour which justifies a third party's complaint warrants immediate termination any service without prior notice and with nil compensation or refund.
The Fragnetics team will investigate any complaints or breach of the above policy. Fragnetics will review and regulate the resolving of any grievance originating from content placed on the Fragnetics server and web space. Reported and perceived violations which are not promptly remedied by the customer may result in the forfeiture of Fragnetics services and web space. Fragnetics also reserves the right to terminate or deny service to the customer without notice if he engages in conduct or activities that Fragnetics in sole discretion believes violates any of the terms and conditions in this Acceptable Use Policy. Fragnetics will not be responsible for, and shall undertake no liability for any loss of business/profits and or for any damages whatsoever. Fragnetics also retains the right to directly notify all clients and users of the customers of the closure of its website.
Service Level Agreement
The Fragnetics network aims to provide optimal online services and to enable its customers to have unhindered online presence for the conduct of their activities. Fragnetics aims to achieve a minimum of 99% Availability for all customers. In accordance with this pledge, if the Availability of customer's server is less than 99%, Fragnetics will issue service credit to the customer in accordance with the following table, with the credit to be calculated on the basis of the monthly service charge for the affected Services. In the following table, availability refers to the percentage of time which the Fragnetics server is operational. Credit percentage refers to the service credit issued in percentage of the user's subscription fee should the uptime rating correspond to the respective row.
|99% and Above
|2:1 ratio *
* Not subjected to master server or updating problems
Limitation of Liability
The above table is limited to reported network outages and must be verified by Fragnetics personnel. The report must be made within 2 days of the specified network outage and supporting evidence in the form of traceroutes and screenshots must be supplied to verify the claim.
Fragnetics reserves the right to refuse issuance of credit or any other form of amendment where in its opinion the breakdown or any malfunction of the network occurred through circumstances beyond the control of the network.
Such instances include failure of access circuits, scheduled technical maintenance or upgrades, or other outages in the Internet. Fragnetics shall also under no condition be liable for any consequential damages that result from the customer's use or inability to use the services, or for third parties' use of the service to access the customer's webspace or information.
The above downtime compensation is strictly for unscheduled downtime. Scheduled downtime will not receive any form of compensation. The Fragnetics network will maintain an internal policy of 2 days notice minimum for downtime.
Credit must be requested by the customer by contact of the webmaster and each case will be individually assessed and entertained before service credit, which shall not exceed the monthly total hosting fee for the affected period, will be issued to the customer. Credit can be requested for by contacting the Fragnetics administrators through the online form, and must include the user's domain name, contact details, and the dates and times of the unavailability. The above data much reach Fragnetics within 2 weeks or 14 days after the unavailability of the website.
Service credit is normally issued in the form of an extension of the subscription period of the user, but can also be used to purchase additional hosting services offered by Fragnetics. Under no circumstances can service credit be transferred from one party to another or exchanged for cash.