VELOLELO...
Acceptable Use Policy
This Terms & Conditions Agreement is made between VELOLELO(“VELOLELO”) and “Customer”, and the person (individual or legal person) whose signing VELOLELO’s service order and set up form (the “Order”) incorporated in this Agreement by reference. (“Agreement”). This Agreement governs Customer’s use of VELOLELO’s service. This AUP governs the use of VELOLELO’s dedicated server service. Any breach of this AUP may result in suspension or termination of Customer service. In the event of a dispute between Customer and VELOLELO regarding the interpretation of this AUP, VELOLELO’s interpretation, in its reasonable commercial judgment, shall take precedent. If Customer have any questions regarding this AUP, contact VELOLELO.
[1.0] Offensive Content

Customer shall not publish or transmit via VELOLELO’s service any contents which VELOLELO reasonably deemed:

- Spamming – Sending unsolicited, commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Velolelo, but also because it can overload Velolelo’s network and disrupt service to Velolelo subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Velolelo has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.

- Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Velolelo is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Velolelo’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

- Obscene Speech or Materials – Using Velolelo’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Velolelo is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Velolelo’s network.

- Defamatory or Abusive Language – Using Velolelo’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

- Forging of Headers – Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

- Illegal or Unauthorized Access to Other Computers or Networks – Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

- Facilitating a Violation of this AUP – Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

- Export Control Violations – Exporting encryption software over the Internet or otherwise, to points outside the Hong Kong.

- Usenet Groups – Velolelo reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

- Other Illegal Activities – Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

- Other Activities – Engaging in activities, whether lawful or unlawful, that Velolelo determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

[2.0] Security

Customer are solely responsible to take reasonable security precautions to protect the confidentiality of Customer password, and Customer is advised to change its Customer password periodically as a form of preventive security.

[3.0] Bulk Commercial E-Mail

Customer must obtain VELOLELO advance approval for any bulk commercial e-mail, which will not be given unless Customer are able to demonstrate all of the following to conditions, – to the satisfactory of VELOLELO’s:

- Customer’s intended recipients have given their consent to receive such e-mail via some affirmative means, such as an opt-in procedure;
- Customer’s procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- Customer retain evidence of the recipient’s consent in a form that may be promptly produced on request, and Customer honor recipients and VELOLELO’s requests to produce the consented evidence within 72 hours of receipt of such request;
- The body of the e-mail must describe how the e-mail address was obtained, for example, “Customer opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request for evidence of the consent given, for example, “If Customer would like to learn more about how we received Customer’s e-mail address please contact us at [email protected];
- Customer have a procedure in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent must be honored within 72 hours, and Customer notify recipients that their revocation of their consent will be honored within 72 hours;
- Customer must post an [email protected] e-mail address on the first page of any Web site associated with the e-mail, Customer must register that address at abuse.net, and Customer must promptly respond to messages sent to that address;
- Customer must have a Privacy Policy posted for each domain associated with the mailing;
- Customer have the means to track any anonymous complaints;
- Customer may not obscure the source of Customer’s e-mail in any manner. Customer’s e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
- Customer otherwise comply with applicable provision of Anti-Spam.

These policies apply to messages sent using Customer’s via VELOLELO’s service, or to messages sent from any network by Customer or any person on Customer’s behalf directly or indirectly refers the recipient to a site hosted via VELOLELO’s service. In addition, Customer may not use a third-party e-mail service that does not practice similar procedures for all its customers.

VELOLELO may opt to test and otherwise monitor Customer’s compliance with these requirements, including requesting opt-in information from a random sample of Customer’s list at any time.

[4.0] Unsolicited E-Mail

Customer may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it Customer must comply with the rules of any other network Customer access or participate in using VELOLELO’s services.

[5.0] Material Protected by Copyright

Customer may not publish, distribute, or otherwise copy in howsoever, any music, software, art, or other works which are protected by copyright law unless:

- Customer have been expressly authorized by the owner of the copyright to copy the work in that manner;
- VELOLELO shall terminate the service of repeated copyright offenders without notice.

[6.0] Copyright Infringement Notice (Digital Millennium Copyright Act)

If Customer had discovered that its copyright has being infringed by another person using the VELOLELO network, kindly forward a written notice of copyright infringement to:

Recording Industry Association of Malaysia No. L-8-2, 8th Floor, Block L, No. 2, Jalan Solaris, Solaris Mont’ Kiara, 50480 Kuala Lumpur, Malaysia. Tel: 603-6207 2800 D/L: 603-6207 2808 Fax: 603-6207 2900

Customer notice must include the following details:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has been allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, customer must present a representative list of such works at that site;
- Identification of the material that was claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VELOLELO to locate such materials;
- Provide information reasonably sufficient to permit VELOLELO to contact Customer, such as an address, telephone number, and, if available, an e-mail address; and
- A statement of confirmation from Customer that the information are accurate and made in good faith, claiming that use of the material used by other party(s) was not authorized by the copyright owner, the copyright owner’s agent as permitted by law, the Customer is aware that in the event of any false allegation of infringement or not made in good faith, the other party may have the right of action against Customer provided under the law.

[7.0] Others

Customer is obligated to update its information to current status and validity of documentations to be consistence with the domain name registrar for any domain hosted on VELOLELO network.

[8.0]Disclaimer

VELOLELO is under no duty or obligated under this AUP to undertake to monitor customers’ activities and shall not be liable for any misuse of the VELOLELO network, it is the Customer’s sole duty and obligations to monitor its performance of activities within its system hosted with VELOLELO. Any inquiries with regards to this policy should be directed to VELOLELO at [email protected].

[9.0] Internet Abuse

Customer may not engage in illegal, abusive, or irresponsible behavior, including:

- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to VELOLELO and its customers) without express authorization of the owner of the system or network;
- Monitoring others data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with the service to any user, host or network including, and not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, and not limited to Internet scanning (tricking another person into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct which may likely to result in retribution against the VELOLELO‘s network; and
- Use of VELOLELO’s network in a way which shall unreasonably interferes with VELOLELO’s customers’ use of the network.

[10.0] Newsgroup, Chat Forums, Other Networks

Customer must comply with the rules and conventions for postings at any bulletin boards, chat groups or forums which Customer participate, such as IRC and USENET groups, Customer shall comply with their indicated rules for content and commercial postings, in the event Customer failed and/or refused to comply with the indicated rules, Customer shall be solely liable and shall indemnify VELOLELO from any claims made against Customer.

- Kindly take notice of the group’s prohibition in posting of off-topic commercial messages, or mass postings to multiple forums.