Legal Information @ Acceptable Use Policy (AUP)

This page contains links to current corporate policies as well as agreements for the products and services available through Temasek Technology. To view any of the documents presented on this page, click on the policy/agreement.

• Acceptable Use Policy (AUP)
• Terms of Service (TOS)
• Privacy Policy
• 30 Days Money Back Guaranteed
• Uptime SLA
• Copyright Infringement DMCA
• Subpoenas
• Anti-SPAM Policy

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Acceptable Use Policy (AUP)

The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the number of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.

Public Network: The primary purpose of the Temasek Technology Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below.

Security Services: The primary purpose of the Temasek Technology standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. Temasek Technology also monitors all aggregate network traffic via router netflow/sflow statistics for traffic analysis. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP as set forth below.

Server Content: Temasek Technology does not actively monitor dedicated server content for review. Temasek Technology believes in the free dissemination of information via our services. Server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on Temasek Technology servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP as set forth below.

DNS Services: Temasek Technology supplies redundant domain names services for all Customers purchasing services. These services include the use of authoritative name servers for public resolution of domain names. The DNS services are fully managed and maintained by Temasek Technology with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, Temasek Technology will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below.

IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by Temasek Technology. IP Addresses are non-transferable from Temasek Technology, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Temasek Technology engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below. All IP Addresses are currently registered to Temasek Technology via ARIN, RIPE and upstream assignments. Private IP assignments are available to qualified Customers. Temasek Technology offers clients additional IP addresses at an additional monthly fee. Temasek Technology reserves the right to refuse additional allocations for any reason.

IRC: Temasek Technology allows the use of private Internet Relay Chat (IRC) servers for communication among private parties. Temasek Technology absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below.

Peer to Peer: Temasek Technology does not allow the use of internet Peer-to-Peer software for file sharing purposes. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below.

Bit Torrent and Point-to-Point Software: Temasek Technology does not allow the use of Bit Torrent and Point-to-Point (“P2P”) software protocols on the public network. Violation of the Bit Torrent and Point-to-Point Software policy shall trigger the Methods of Resolution under this AUP as set forth below.

Shared Hosting and Reseller Hosting: Are not permitted to exceed 20% CPU and Resource utilization at any given time. In the event your account uses more than 20% of the CPU and Resource, Temasek Technology will generate a ticket under your e-mail address to find an alternative solution for your hosting needs. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Temasek Technology also monitors IOPS activity from Shared Hosting and Reseller Hosting. In the event a Shared Hosting and Reseller Hosting is using more than a reasonable share of IOPS a ticket will be generated under your e-mail address to find an alternate solution for your hosting needs. Temasek Technology reserves the right to suspend your Shared Hosting and Reseller Hosting until we find a more appropriate solution for your needs.

Virtual Private Servers: Virtual Private Server’s are not permitted to exceed 20% CPU utilization at any given time. In the event your Virtual Private Server uses more than 20% of the CPU, Temasek Technology will generate a ticket under your e-mail address to find an alternative solution for your hosting needs. Temasek Technology also monitors IOPS activity from Virtual Private Servers. In the event a Virtual Private Server is using more than a reasonable share of IOPS a ticket will be generated under your e-mail address to find an alternate solution for your hosting needs. Temasek Technology reserves the right to suspend your Virtual Private Server until we find a more appropriate solution for your needs.

Proxy Servers: Temasek Technology prohibits public Proxy related services on any of the Temasek Technology webhosting service.

The following list represents per se direct violations of this AUP and will be subject to immediate redress under one or more of the Methods of Resolution as described in this AUP and as set forth below.

1. Copyright and Trademark Infringement: Direct copyright infringement (as defined and noted under Title 17, Section 512 of the United States Code) and trademark infringement are direct violations of Temasek Technology’s AUP. Please refer to DMCA copyright infringement requirements at http://www.temasektech.com/legal.html for filing complaints or counter notifications related to copyright claims.

2. Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of Temasek Technology’s AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. More information can be located at http://www.temasektech.com/antispam.html

3. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of Temasek Technology’s AUP.

4. Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of Temasek Technology’s AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

5. UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of Temasek Technology’s AUP. This includes UseNet services located within the Temasek Technology network or unrelated third party networks.

6. Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Temasek Technology’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities.

7. Child Pornography: Temasek Technology has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Temasek Technology’s AUP.

8. Threats and Harassment: The Temasek Technology network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment of the United States Constitution. Temasek Technology seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

9. Fraudulent Activities: Temasek Technology prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Temasek Technology’s AUP.

10. Denial of Service: Temasek Technology absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Temasek Technology’s AUP.

11. Terrorist Websites: Temasek Technology prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

12. Distribution of Malware: Temasek Technology prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Temasek Technology analyzes the latest root kit for new security analysis/software.

13. Phishing: Temasek Technology strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

14. HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Reporting Violation of the Acceptable Use Policy: Temasek Technology accepts reports of alleged violations of this AUP via email sent to legal@temasektech.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Unless otherwise required by law, such as the DMCA, Temasek Technology owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Temasek Technology will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth below or within its sole discretion.

Methods of Resolution for Violations of Temasek Technology’s Acceptable Use Policy

Temasek Technology understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staffs are dedicated to working with the Customer in resolving potential violations, and are available via ticket. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Temasek Technology is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

1. First Alleged Violation of AUP: a ticket will be generated under the Customer’s master user with information related to the potential violation of the AUP.

2. Acknowledgement of violation of AUP: the ticket will include any related facts or information needed to resolve the violation.

3. Violation of AUP disregarded, not properly addressed, continued violation or repeated violation: Temasek Technology will turn off your services. The Customer will be required to contact Temasek Technology to resolve the issue.

4. Failure to address violation or resolve violation: If Customer fails to address the violation and fails to resolve the violation, a termination of services shall occur upon the next billing renewal date. The services will remain suspended and unavailable to the Customer.

Disclosure of Customer Information: Occasionally, Temasek Technology is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. Temasek Technology utilizes great care in keeping Customer information safe and private and will only release information described in the subpoena or order. Temasek Technology will notify Customer of the information request as, and if, allowed by the subpoena or order.

Reporting Violation of the Acceptable Use Policy: Temasek Technology accepts reports of alleged violations of this AUP via email sent to legal@temasektech.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Temasek Technology owes no duty to third parties reporting alleged violations due to lack of privily in contract law. Temasek Technology will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth above below or within its sole discretion.

• Disclaimer – Temasek Technology retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Temasek Technology also retains the right to discontinue service without notice.

Important Note

Temasek Technology reserves the right to supplement and/or amend, at any time, the terms and conditions of its MSA, including the TOS, AUP, SLA, Privacy Policy, Anti-SPAM Policy and Temasek Technology Partner Program. Temasek Technology will notify its Customers through the customer portal of any changes affecting cancellation, payment of fees, or the SLA. It is the Customer’s responsibility to review Temasek Technology’s policies on a frequent basis to ensure compliance because the MSA in place during your most current month applies, not the MSA which was in place when you registered.