Terms of services
These general terms & conditions (for MyCloud) have been written in order to protect EXITRA Solutions Sdn Bhd (hereafter referred to as EXITRA) proprietary cloud computing site – MyCloud, ensuring we deliver a reliable solutions and quality services to MyCloud users. EXITRA requests all MyCloud users to read these policies so that you can help us in keeping MyCloud website free of abuse. As a user, when you sign up for MyCloud services, you are agreeing to MyCloud terms & conditions. EXITRA legal department should work with MyCloud users in the event of a breach of policy. EXITRA legal department will take a firm line when necessary to protect MyCloud users. Users of MyCloud, including but not limited to MyCloud Virtual Private Server users, EXITRA Appointed Partners, and MyCloud Business Solution users, are required to agree and conform to the following terms & conditions and acceptable use policies. Violations of these terms & conditions may result in loss of service and/or other legal action. These terms & conditions include the following categories. MyCloud users can click on each individual tab to be taken to the pages for review on the terms & conditions.
MyCloud® Web Hosting Plan Terms & Conditions
1. MyCloud® offers the following Web Hosting Plans:
• Personal Plan
• SME Plan
• Business Plan
2. MyCloud® Web Hosting Plan applies to new product purchased, exclude subsequent renewals.
3. New promotions or discounts are not valid in conjunction with any other existing promotion(s) or offer(s) unless otherwise advised.
4. MyCloud® Web Hosting Plan is inclusive of 1 FREE domain name (.com / .net / .info / .biz / .org).
5. FREE Domain must be the primary domain name of the associated hosting account.
6. All domain names that are registered are not refundable.
7. For .com.my & .my domain registration, you are required to fax us a copy of your company registration document such as Form D / 24 / 49.
8. Upon registration of MyCloud® Web Hosting Plan, domain name could not be changed. If a change is required, domain name recommended retail price applies.
9. There are no limits to the number of MyCloud® Web Hosting Plan purchased; an intermediary can be purchased during promo period.
10. MyCloud® Web Hosting Plan is a shared hosting account and must not be used to resell web hosting to others.
11. All Prices are quoted in Ringgit Malaysia.
12. Exitra’s MyCloud® Standard Web Hosting Services Terms and Conditions apply.
EXITRA’s MyCloud® STANDARD WEB HOSTING SERVICES TERMS AND CONDITIONS
MyCloud® is a registered brand under Exitra Sdn. Bhd.
These Hosting Services Terms and Conditions (“Terms and Conditions”) is between Exitra Sdn. Bhd. of Unit 8-01 Level 8, Menara LGB, No 1, Jalan Wan Kadir,Taman Tun Dr.Ismail 60000, Kuala Lumpur (“EXITRA”) and you (hereinafter shall be referred to as “you”, your”. For the avoidance of doubt, “you” shall include “your personnel”).
It is important that you read and understand these Terms and Conditions before using the Services (as hereinafter defined). By accessing and using the Services, you agree to be legally bound by these Terms and Conditions, as these Terms and Conditions may be modified from time to time.
In consideration of the mutual promises contained the parties hereto agree as follows.
In addition to the above expressions, the following terms in these Terms and Conditions have the following meanings which meanings shall extend to all grammatical variations and cognate expressions of the words so defined, where the context so requires:
“Customer’s Material” means your content, data, software loaded received or transmitted by EXITRA on the System for you pursuant to these Terms and Conditions.
“Commencement Date” means the date you register for the Services.
“Domain Name” means the Domain Names www.xxxxxxxx.xxx, etc. (including such additional Domain Names as the you shall from time to time notify to EXITRA).
“System” means the equipment [and telecommunications equipment] (as enhanced or modified from time to time) belonging to or used by EXITRA for the Services which provides a link to the World Wide Web via the Internet.
“the Services” means the services identified (as enhanced or modified from time to time) belonging to or used by EXITRA for the Services which provides a link to the World Wide Web via the Internet.
“the Third-party Property” means any graphics, screen designs, audio-visual, effects pictures, software and other proprietary material belonging to a third party which form part of the Website.
“User” means a person other than the parties who seeks access over the Internet.
“Web Pages” means Internet pages; whether they contain or comprise text graphics pictures screen designs screen layouts sound audio-visual material film or software.
“Website” means your existing Internet Web Pages and the Web Pages to be constructed and maintained by EXITRA for you pursuant to these Terms and Conditions.
The following rules apply unless the context requires otherwise.
(a) Headings are for convenience only and shall not affect the interpretation hereof.
(b) The singular includes the plural and vice versa.
(c) Words denoting any gender include all genders.
(d) If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
(e) Save where the contrary is indicated, any reference to these Terms and Conditions or any other agreement or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other agreement or document as the same may have been or may from time to time be amended, varied, novated or supplemented.
(f) Any reference to a “person” shall be construed as a reference to any person, firm, company, corporation, government, state or agency of a state or any association or partnership (whether or not having separate legal personality) or one or more of the foregoing.
(g) Any reference to a party to these Terms and Conditions or another agreement or document includes a reference to the party’s successors, permitted nominees and assigns (and where applicable, the party’s personal representatives).
(h) The schedules and attachments hereto form an integral part of these Terms and Conditions.
(i) Unless the context otherwise requires, reference to any Clause, or Schedule is to a clause, or schedule of or to these Terms and Conditions
(j) Any reference to a statutory provision shall include such provision and any regulations made in pursuance thereof as may from time to time be modified or re-enacted whether before or after the date of these Terms and Conditions so far as such modification or re-enactment applies or is capable of applying to any transaction entered into prior to completion and (so far as liability thereunder may exist or can arise) shall include also any past statutory provisions or regulations (as from time to time modified or re-enacted) which such provisions or regulations have directly or indirectly replaced.
(k) Any reference to proceedings includes litigation, arbitration or investigation.
(l) The meaning of general words is not limited by specific examples introduced by “including” or “for example” or similar expressions.
(m) The words “hereof”, “herein”, “hereon” and “hereunder” and words of similar import refer to these Terms and Conditions as a whole and not to any particular provision of these Terms and Conditions.
(n) A reference to a judgement includes an order, injunction, decree, determination or award of any court or tribunal.
(o) If a payment or other act must be made or done on a day that is not a Business Day, then it must be made or done on the next Business Day.
(p) If a period occurs from, after or before a day or the day of an act or event, it excludes that day.
(q) Unless the context otherwise requires, a reference to time is to Malaysia time.
(r) Any term condition stipulation provision covenant or undertaking of these Terms and Conditions which is illegal, prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be fully severable and ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof which shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. These Terms and Conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof. Any such illegality, voidness, prohibition or unenforceability in any jurisdiction shall not invalidate or render illegal, void or unenforceable any such term condition stipulation provision covenant or undertaking in any other jurisdiction.
3.1 These Terms and Conditions shall commence on the Commencement Date and continue for a period of your subscription services and thereafter may be renewed automatically on an annual basis unless terminated by one of the parties on giving to the other party at least 3 months prior written notice to expire on the anniversary of the Commencement Date.
3.2 Notwithstanding the foregoing, EXITRA may increase the charges as prescribed in these Terms and Conditions as a condition of agreeing to a subsequent term.
4. EXITRA’S RESPONSIBILITIES
4.1 You hereby appoint EXITRA to host the Website on your behalf and to provide the Services in accordance with the provisions contained in these Terms and Conditions.
4.2 EXITRA shall install the Website on its computer facilities.
4.3 EXITRA shall use reasonable endeavours to ensure that sufficient capacity is maintained on its computer facilities to enable Users to access the Website.
4.4 Notwithstanding subclause 3, EXITRA does not warrant that you and/or the Users will have continuous access to the Website. EXITRA shall not be liable in the event that the Website is unavailable to you and/or the Users due to computer downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
4.5 If so specified in Schedule 1, EXITRA will:
(a) procure a Domain Name for you; and
(b) endeavour to obtain your preferred Domain Name as nominated by you.
4.6 EXITRA does not warrant that any of your preferred Domain Name will be available and in any event EXITRA accepts no liability arising out of the inability of EXITRA to obtain your preferred Domain Name or the exercise of discretion by EXITRA in obtaining on your behalf an alternative and reasonably comparable Domain Name.
4.7 Notwithstanding anything to the contrary in these Terms and Conditions, the Services do not include maintenance of the content in respect of the Website. Without limiting the foregoing, EXITRA accepts no responsibility for any deficiency or inaccuracy in the Website attributable to a lack of maintenance.
You grant to EXITRA, for the duration of these Terms and Conditions, a non-exclusive, non-transferable licence to host the Website on the System in accordance with the provisions of these Terms and Conditions, for the purposes of providing the Services and maintaining the availability of the Website over the Internet.
6. MODIFICATIONS TO THE WEBSITE
6.1 EXITRA reserves the right to refuse to carry out such amendments modifications or replacements where in its reasonable opinion such amendments modifications or replacements are or are likely to be construed as being illegal obscene threatening defamatory discriminatory promoting illegal or unlawful activity or are otherwise actionable or in violation of any rules regulations or laws to which the Website is subject.
7. YOUR OBLIGATIONS AND UNDERTAKINGS
7.1 You shall be responsible for the design, development, modification, content and maintenance of the Customer’s Material in relation to the Website.
7.2 You acknowledge that EXITRA does not operate or exercise control over, and accepts no responsibility for the Customer’s Material received on the System.
7.3 You warrant that any personal data on the system complies fully with the Personal Data Protection Act 2010 and associated legislation and hereby indemnifies EXITRA against any infringement of such legislation and in particular acknowledges that EXITRA does not operate or exercise any control over and accepts no responsibility for where or in what jurisdiction the Website or the Customer’s Materials may be received.
7.4 You warrant that any Customer’s Material will not be illegal obscene threatening defamatory discriminatory promote illegal, offensive or unlawful activity or be otherwise actionable or in violation of any rules regulations or laws to which the Website is subject. You shall be solely responsible for the accuracy, legality, and compliance with the relevant rules and regulations of the Website.
7.5 You warrant that the Website, and any material contained in or linked to the Website shall not infringe the intellectual property rights of any person.
7.6 You warrant that you have obtained all necessary consents approvals and licences for the use of Third-party Property provided by you to EXITRA and that the use of such Third-party Property will not violate any intellectual property or other rights belonging to any third party.
7.7 In the event of allegations of an infringement of subclause 3, 4, 5, and/or 6 above or if EXITRA reasonably suspects such an infringement has occurred EXITRA may upon written notice to you but without liability suspend availability of the Website or any Web Pages over the Internet or remove the Website or any Web Pages from the System pending clarification of such allegations or suspicion.
7.8 You shall notify us as soon as reasonably possible after becoming aware of any third-party allegation of a breach of the provisions of subclause 3, 4, 5 and/or 6.
7.9 You undertake that you will not initiate any spamming or other excessive volume of data on the system such that it may impair the access to the System or its performance levels.
7.10 Unless EXITRA’s written consent is obtained in advance, you shall use the Website for your own purposes and shall not sub-let space for any other individual or entity.
7.11 You warrant that:
(a) all information provided in the Domain Name application is true and correct; and
(b) the Domain Name sought does not breach any legal rights of a third party, including but not limited to Intellectual Property Rights.
7.12 You acknowledge that the registration of your Domain Name may be the subject of licence conditions and that the licensor may revoke the licence for infringement of those conditions. You undertake to familiarise yourself with any such conditions. You shall indemnify EXITRA in respect of any liability arising, directly or indirectly, from a failure by you to comply with any such licence conditions.
8.1 You shall pay EXITRA the charges for the hosting of the Website and the provision of the Services.
8.2 All charges payable by you shall be due to be paid immediately after the receipt by you of EXITRA’s invoice therefor.
8.3 The charges payable under these Terms and Conditions are exclusive of all taxes and duties which shall be paid by you at the rate and in the manner for the time being prescribed by law. Without limiting the foregoing, you shall be liable for any new taxes, duties or charges imposed subsequent to the Commencement Date in respect of these Terms and Conditions.
8.4 If any sum payable under these Terms and Conditions is not paid within 7 days after the due date then (without prejudice to EXITRA’s other rights and remedies) EXITRA reserves the right to charge interest on such sum on a day to day basis (as well after as before any judgment) from the date or last date for payment thereof to the date of actual payment (both dates inclusive) at the rate of 18% per annum. Such interest shall be paid on demand by EXITRA.
9.1 You shall at all times indemnify and hold harmless EXITRA and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by your act and/or omission.
10.1 EXITRA shall be under no liability to you in respect of any loss or damage (including direct, indirect or consequential losses, loss of data, income or profits, loss of business or damages for loss of or damage to property) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to these Terms and Conditions or in respect of a failure or omission on the part of EXITRA to comply with its obligations under these Terms and Conditions.
10.2 Consideration should always be given to the nature of Internet transactions and in recognition of the above, you waive any claim you may have against EXITRA that is in any way connected with a dispute you have with another user of the Services and you agree to indemnify EXITRA for any losses or liability EXITRA suffers as a result of any claim against EXITRA by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party.
10.3 You warrant that you have not relied on any representation made by EXITRA which has not been stated expressly in these Terms and Conditions or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by EXITRA.
10.4 You acknowledge that to the extent EXITRA has made any representation which is not otherwise expressly stated in these Terms and Conditions, you have been provided with an opportunity to independently verify the accuracy of that representation.
10.5 You hereby acknowledge that the Services have not been prepared to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions described herein meet your requirements. EXITRA shall not be liable for any failure of the Services or provide any facility or function not specified in these Terms and Conditions.
10.5 EXITRA is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you hereby acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10.6 The Services is provided on an “as is” and “as available” basis. All warranties whether expressed or implied, or any implied warranty of merchantability or fitness for particular purposes (including without limitation, that the operation or use of the Services shall be uninterrupted or error free) are hereby excluded to the fullest extent permitted by law.
10.7 EXITRA’s maximum liability to you in respect of these Terms and Conditions will be the amount of charges paid by you during the year in which the liability arose.
11. SUSPENSION AND MODIFICATIONS
11.1 EXITRA may upon providing you twenty four (24) hours’ notice, suspend your (and the Users’) access to the Services and/or Website:
(a) in the event you breach any of the provisions prescribed in these Terms and Conditions (including without limitation your failure to comply with the payment obligations);
(b) in the event EXITRA is of the view that your use of the Services poses an imminent security risk or may subject EXITRA to liability.
11.2 It may be necessary for EXITRA to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Services, which may temporarily degrade the quality of the Services or result in a partial or complete outage of Services.
11.3 EXITRA may modify the functionality or features of the Services at any time. In this regard, EXITRA will not be liable to you or any third party for any such modification.
12.1 EXITRA shall be entitled to immediately terminate these Terms and Conditions by written notice to you:
(a) if you have committed any material breach of any of the provisions of these Terms and Conditions and, in the case of a breach capable of remedy, fails to remedy the breach within thirty (30) days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
(b) if an encumbrancer takes possession or a receiver is appointed over any of your property or assets;
(c) if you make any voluntary arrangement with your creditors or becomes subject to an administration order;
(d) if you go into liquidation;
(e) if anything analogous to any of the foregoing under the law of any applicable jurisdiction occurs in relation to you; or
(f) if you cease, or threaten to cease, to carry on business.
12.2 If notice is given to you pursuant to subclause 1, EXITRA may, in addition to terminating these Terms and Conditions:
(a) repossess any of its property in your possession, custody or control;
(b) retain any moneys paid;
(c) charge a reasonable sum for work performed in respect of which work no sum has been previously charged;
(d) be regarded as discharged from any further obligations under these Terms and Conditions; and
(e) pursue any additional or alternative remedies provided by law.
12.3 Any termination of these Terms and Conditions (howsoever occasioned) shall not affect any of EXITRA’s accrued rights or liabilities nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. For the avoidance of doubt, there shall be no refund of any part of the charges due in respect of these Terms and Conditions upon the termination of these Terms and Conditions.
13.1 You undertake to treat as confidential and keep secret all confidential information contained or embodied in the Services and all confidential information conveyed to you (“Confidential Information”) provided that this clause shall not extend to information which was rightfully in your possession prior to the commencement of the negotiations leading to these Terms and Conditions or which is already public knowledge.
13.2 You shall not without the prior written consent of EXITRA divulge any part of the Confidential Information to any person except your auditors and any other persons or bodies having a right duty or obligation to know your business and then only in pursuance of such right duty or obligation.
13.3 You undertake to ensure that the persons and bodies mentioned in subclause 2 are made aware prior to the disclosure of any part of the Confidential Information that the same is confidential and that they owe a duty of confidence to EXITRA. You shall indemnify EXITRA against any loss or damage which EXITRA may sustain or incur as a result of the persons and bodies failing to comply with such undertaking.
13.4 You shall promptly notify EXITRA if you become aware of any breach of confidence by any person to whom you divulge all or any part of the Confidential Information and shall give EXITRA all reasonable assistance in connection with any proceedings which EXITRA may institute against such person for breach of confidence.
13.5 The foregoing obligations as to confidentiality shall remain in full force and effect notwithstanding any termination of these Terms and Conditions.
14. GOVERNING LAW
14.1 These Terms and Conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with Malaysian law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the Malaysian courts.
EXITRA reserves the right at any time without notice to revise the content of the Services and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on www.mycloud.my and by continuing to use the Services following any such change you will signify that you agree to be bound by the revised Terms and Conditions.
15.2 Events beyond EXITRA’s control
EXITRA shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing the Services resulting from any event or circumstance beyond EXITRA’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
15.3 Entire Agreement
These Terms and Conditions supersedes any previous agreement between the parties in relation to the matters dealt with herein and represents the entire understanding between the parties in relation thereto. Any and all representations, covenants, undertakings, warranties and agreements whether verbal or in writing prior hereto are hereby rescinded nullified and superseded.
15.4 No Waiver
No failure or delay on the part of EXITRA in exercising nor any omission to exercise any right power privilege or remedy accruing to either party under these Terms and Conditions upon any default on your part shall impair any such right power privilege or remedy or be construed as a waiver thereof or any acquiescence in such default nor shall any action by EXITRA in respect of any default or any acquiescence in any such default affect or impair any right power privilege or remedy of EXITRA in respect of any other or subsequent default.
15.5 Rights and Remedies
The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law. For the avoidance of doubt, in the event of any breach or threatened breach of any term herein, each party hereto shall be entitled to claim any and all equitable remedies available to it subject to applicable laws.
If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provision which shall be deemed deleted.
15.7 Service of Notices/Court Process
(a) All notices or other communication given by you to EXITRA under these Terms and Conditions shall be delivered personally or sent by post (or by airmail if it is sent to an address in another country) or facsimile transmission to the following :
Attn : Exitra Sdn. Bhd. (617386-W)
Unit 8-01 Level 8, Menara LGB
No 1, Jalan Wan Kadir,
Taman Tun Dr Ismail,
60000 Kuala Lumpur
Telephone No. : 03- 2788 9308
Help Desk: 03- 2788 9300
Email: firstname.lastname@example.org / email@example.com
(b) All notices or other communication given by EXITRA to you under these Terms and Conditions shall be delivered to you via the contact address you have provided to EXITRA during your registration on the Cloud.
15.8 Further Assurances
You agree to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of these Terms and Conditions and the transactions contemplated by it.
Terms of Service
These Terms of Service (the “Agreement”) contains the terms and conditions that govern Your access to and use of the Service Offerings (as defined below) and is an agreement between MyCloud (a proprietary cloud computing site owned by EXITRA Solutions Sdn Bhd) and users of MyCloud and You refers to the individual(s) or organization(s) purchasing or using MyCloud site or the entity You represent (“You”). You acknowledge that You have read the Agreement, and You agree to its terms and conditions and all policies posted on the MyCloud site. As referred to in this Agreement, and
Definitions & Interpretations
“API” refers to an application program interface.
“Business Hours” refers to a period of time commencing from 9.00 a.m. to 6.00 p.m. (UTC+08:00, Kuala Lumpur, Singapore) on any Monday to Friday excluding a Public Holiday based on Malaysia calendar.
“EXITRA Cloud Computing Site” refers to the Site located at www.mycloud.my or any other successor sites owned or maintained by EXITRA.
“MyCloud Internet Server” refers to MyCloud or its affiliates’ computer system that the Customer connects to receive the Services.
“Services” refers to the web services made available by MyCloud or its affiliates.
“Site” or “Website” refers to a World Wide Web site.
The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by You or MyCloud in accordance with the Termination Clause of this Agreement.
Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement or other Supplemental Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month period.
If You have subscribed to the Services via special campaigns or promotions, the special terms and conditions of the respective campaigns or promotions (“Campaign Terms & Conditions”) shall prevail in the event of conflict between the terms and conditions of this Agreement and the Campaign Terms & Conditions, unless expressly provided in the Campaign Terms & Conditions.
Fees & Payment
Upon submission of the Order and acceptance by MyCloud, You shall pay to MyCloud a refundable deposit, fees and rentals and other charges for the Services and/or equipment, as the case may be, within five (5) days after the issuance of invoice by MyCloud to You which shall be at the rates prescribed on the MyCloud site from time to time in accordance with MyCloud’ policy or requirements.
You shall promptly make payments to MyCloud upon the issuance of the invoice and at the times stipulated in such invoice all charges, fees, rentals, costs or other amounts in connection with the Services. You shall continue to be liable for any applicable charges during the period of interruption or loss of Services from any cause whatsoever.
MyCloud may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.
All payments due to MyCloud under this Agreement shall be in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.
You will be responsible for the payment of all taxes, duties (including stamp duty), fees and other charges made by any government authority in relation to this Agreement (other than taxes payable on the overall income of MyCloud).
You will pay and indemnify and hold MyCloud harmless from any and all taxes associated with or arising from Your use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
The Malaysia Customs Service Taxation is subject to 6% of tax or any other rates that may be changed by the government from time to time or any rates for Goods & Services Tax (“GST”) upon its implementation by the government in the future, when applicable.
Use of the Services
You may access and use the Services in accordance with this Agreement. Service Level Agreements (“SLA”) may apply to certain Services. You will adhere to all laws, rules, and regulations applicable to Your use of the Services, including the Acceptable Use Policy and other Policies as published on MyCloud site.
In the event which You or Your secondary contact’s email address is no longer valid and up to date in our billing system, You may request us to update Your contact information by filling up Billing Account Primary Contact Email Change Form.
You acknowledge and undertake that the information provided is true and accurate and You shall keep MyCloud indemnified against all claims, demands, proceedings, losses or damages costs of whatsoever that may be brought against or suffered by MyCloud as a result of MyCloud agreeing or conceding to Your request above states.
Third Party Content, such as software applications provided by third parties may be made available directly to You via other companies or individuals under separate terms and conditions, including separate fees and charges. Because MyCloud may not have tested or Screened the Third Party Content, Your use of any Third Party Content is at Your sole risk and MyCloud shall not be liable for any infringement on intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights)
Provision of Services
At Your request and subject to acceptance by MyCloud, MyCloud will provide the Services.
Unless otherwise indicated in this Agreement, the Services shall not include the provision or maintenance of any computer equipment or software required by You to connect to the MyCloud Internet Server.
MyCloud does not guarantee or warrant the availability of the Services or continuous, uninterrupted or secure access to the Internet.
MyCloud does not guarantee or warrant that the data stored in the MyCloud Internet Server will be backed up. You shall be responsible for keeping an independent backup of all data stored in the space allocated to You.
MyCloud reserves the right to suspend the Services or any part of them for operational reasons or in an emergency and the You shall not make any claim or compensation from MyCloud.
MyCloud, either directly or through its assignee or licensee, shall provide Technical Support relating to the Your Services. MyCloud may refuse any and all requests for Technical Support with or without reason, in its sole discretion. Any Technical Support that MyCloud may subsequently agree to provide to You shall be at MyCloud’ sole discretion and once commenced, may be terminated at any time by MyCloud without prior notice to You and without any liability to MyCloud.
MyCloud does not provide technical support for the third party software. The third party software is offered “as is.” The provision and offering of third party software by MyCloud does not constitute an endorsement of the third party software, nor can MyCloud make any representations or warranties regarding the use and functionality of such third party software.
Security of Data
You acknowledge that MyCloud shall not be liable for the security of Your data on any of Your Equipment or passing over the Services and that MyCloud shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. You shall be solely responsible for the data retrieved, stored or transmitted through the Services.
You agree that MyCloud is not liable for any unauthorized access to Your data even when the access occurs as a result of a fault in equipment or software owned, operated or supplied by MyCloud.
You are responsible for properly configuring and using the Services and taking the necessary steps to maintain appropriate security and protection of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and make routine archiving of Your Content.
You may occupy only the amount of disk space on the MyCloud Server that is allotted by MyCloud according to the packages subscribed by You. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to Web Pages, Files, Images, Videos, Logs, Backup, Emails, Databases, SQL data, Mailing List data and data in Your directories for virtual accounts. MyCloud is not responsible for measurements provided by individual control panel software, which is Third party software not controlled by MyCloud, which may or may not include all of the customer data in their measurements.
The Disk Drive and/or Disk Space Quota for these accounts are hard quota based and You have full access and rights to the disk space. Available disk space for You includes the space required for the Operating System, Control Panel and other Services that come with the server setup which is selected by You. You have full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations.
MyCloud may change, discontinue, or deprecate any of the Services (including the Services as a whole) or change or remove features or functionality of the Services from time to time. MyCloud will notify You of any material change to or discontinuation of the Services.
MyCloud may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for twelve (12) months after the change, discontinuation, or deprecation (except if doing so(a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).
MyCloud reserves the right to change, discontinue or add Service Level Agreements from time to time.
All services including, Shared Hosting Account, Cloud Server, Virtual Private Server (VPS), Dedicated Server and Co-location are limited only to port speed. Default port setting is One (1) Mbps. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of Your selected plan/server.
You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, You are solely responsible for:
i. The technical operation of Your Content, including ensuring that calls You make to any Service are compatible with then the current APIs .For that Service;
ii. Compliance of Your Content with the Acceptable Use Policy, the other Policies, and the law;
iii. Claims relating to Your Content; and
iv. Properly handling and processing notices sent to You (or any of Your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
You will be deemed to have taken any action that You permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for End Users’ use of Your Content and the Services. You will ensure that all End Users comply with Your obligations under this Agreement and that the terms of Your agreement with each End User are consistent with this Agreement. If You become aware of any violation of Your obligations under this Agreement by an End User, You will immediately terminate such End User’s access to Your Content and the Service Offerings.
You are responsible for providing customer service (if any) to End Users. MyCloud does not provide any support or services to End Users unless we have a Separate agreement with You or an End User obligating us to provide support or services.
You shall, at Your own expense, install and maintain the necessary computer equipment and software to enable connection to the MyCloud Internet Server, other than any equipment and/or software supplied by MyCloud under this Agreement.
You agree that You will not distribute, electronically transmit or display any materials supplied by You or through You by a third party to any MyCloud server in connection with Customer’s use of the Services which:
i. Violate any state, federal or foreign laws or regulations;
ii. Infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of MyCloud or any third party;
iii. Are defamatory, slanderous or trade libellous;
iv. Are threatening or harassing;
v. Are discriminatory based on gender, race, age or promotes hate which violate any MyCloud policy posted on the MyCloud Site including but not limited to those listed in MyCloud Acceptable Use Policy (AUP).
vi. Contain viruses or other computer programming defects which result in damage to MyCloud or any third party.
You agree that You will not use the Services:
i. To send unsolicited or unwelcome or bulk electronic mail messages to anyone or otherwise cause excessive or disproportionate load on the Services;
ii. For any unlawful purposes such as, but not limited to, vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;
iii. For any Purpose which is against public interest, public order or national harmony;
iv. To publish defamatory, infringing, obscene or other unlawful materials;
v. In connection with the infringement of the copyright, patent, trademark, trade secret or other propriety rights of any third party or rights of publicity or privacy;
vi. To interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorization by the owner of the said service, equipment or computer network;
vii. To Resell the Services or otherwise provide the Services to anyone unless permitted by MyCloud.
viii. In violation of any laws relating to unfair competition, anti-discrimination or false advertising; or that result in distribution of viruses, Trojan horses, worms, time bombs, bots or other similar harmful or deleterious programming routines
You agree to use only properly licensed third party software in connection with the use of the Services.
You shall, prior to reporting a Service failure or problem, carry out all necessary steps to determine the cause of the Service failure or problem.
Intellectual Property Rights
The parties hereby acknowledge and agree that any intellectual property rights owned by one party shall continue to be owned by such party, or its third party licensors, as the case may be, and the execution of this Agreement, except to the extent as specifically mentioned herein, shall not in any way be construed to have transferred all or any part of such rights to the other party. Notwithstanding the aforementioned, You acknowledge that MyCloud shall have the right and discretion to reproduce and use Your name, logo and other trademark for promotional purposes.
Prohibited, Questionable & Infringing Activities
You are solely responsible for your conduct and activities on MyCloud’s site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (collectively, “Contents”) that You submit, post, and/or display on MyCloud’s site. You agree to use MyCloud’s site only for lawful purposes. You agree not to take any action that might compromise the security of MyCloud, render MyCloud’s site inaccessible to others or otherwise cause damage to the site or the content therein. You agree not to add to, subtract from, or otherwise modify the content of the website, or to attempt to access any content that is not intended for You. You agree not to use the website in any manner that might interfere with the rights of third parties.
Access & Interference
MyCloud may contain robot exclusion headers which contain internal rules for software usage. Much of the information on MyCloud is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that You will not use any robot, spider, scraper or other automated means to access MyCloud for any purpose without our prior express written permission. Additionally, You agree that You will not:
i. Take any action that imposes, or may impose an unreasonable or disproportionately large load on MyCloud infrastructure;
ii. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content without our prior expressed written permission and the appropriate third party, where applicable;
iii. Interfere or attempt to interfere with the proper working of MyCloud or any activities conducted on MyCloud;
iv. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to MyCloud.
MyCloud (a proprietary cloud computing site owned by EXITRA Solutions Sdn Bhd) and EXITRA subsidiaries, officers, directors, employees, agents, suppliers, and/or subcontractors provide the service on a “as is” basis and without any warranty or condition, whether express or implied.
MyCloud (a proprietary cloud computing site owned by EXITRA Solutions Sdn Bhd) and EXITRA subsidiaries, officers, directors, employees, agents, suppliers, and/or subcontractors specifically disclaim the implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information obtained (whether orally or written) by You from us shall create any warranty.
Limitation of Liability
In no event shall MyCloud (a proprietary cloud computing site owned by EXITRA Solutions Sdn Bhd) and EXITRA subsidiaries, officers, directors, employees, agents, suppliers, and/or subcontractors be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to Your conduct or anyone else in connection with the use of the site, the service or this agreement, including but without limitation to lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. Our liability, and the liability of our subsidiaries, officers, directors, employees, agents, suppliers, and/or subcontractors, to You or any third parties in any circumstance is limited to the greater of
i. Total Amount of fees You pay to MyCloud in the 12 months prior to the action giving rise to liability, or
ii. 1,000.00 MYR
No Refund of Payment
i. If You terminate the Service, the subscription fee duly paid will not be refunded.
ii. If You downgrade Your package plan, no adjustment will be made to the current subscription fee and the new subscription fee shall be effective for the following subscription month.
MyCloud does not guarantee continuous, uninterrupted access to MyCloud’s site, and operation of the MyCloud may be interfered with by numerous factors outside our control. We further cannot and do not guarantee or warrant that files or items available for downloading through this website will be free of infection by software viruses or other harmful computer code, files or programs.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of MyCloud’s site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
MyCloud reserves the right to modify or terminate the Service for any reason, without notice, at any time. We also reserve the right to alter the terms of this Agreement and/or the relevant policies regarding the Service at any time. If the alterations constitute a material change to the terms of this Agreement, we will notify You via email at Your last known email address. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.
Materials & Products
MyCloud will exercise no control whatsoever over the content of the information passing through the Service. MyCloud makes no warranty or representation of any kind, whether expressed or implied for the Service it is providing. MyCloud also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damage that may be suffered by the You, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions by You.
Use of any information obtained by way of the Service is at Your own risk, and MyCloud specifically denies any responsibility for the accuracy or quality of information obtained through the Service. Connection speed represents the speed of a connection and does not represent guarantees of available end to end bandwidth.
Hardware, Network & Software
You are responsible for and must provide all telephone, computer, hardware, Domain Name, IP address and software equipment and Service necessary to access MyCloud’s Cloud Services. MyCloud makes no representation, warranty or assurance that the Your equipment will be compatible with the Service.
Third Party Sites
We may provide, on MyCloud the links to websites operated by other entities. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. MyCloud makes no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or the website sponsors, endorses, is affiliated or is associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed on or accessible through the links, or that any linked site is authorized to use any of our trademark, trade name, logo or copyright symbol or any of our affiliates or subsidiaries.
MyCloud may terminate this Agreement immediately upon Seven (7) days notice to You:
i. If MyCloud’ relationship with a third party partner who provides software or other technology MyCloud use to provide the Services expires, terminates or requires MyCloud to change the way MyCloud provide the software or other technology as part of the Services,
ii. If MyCloud believes providing the Services could create a substantial economic or technical burden or material security risk for MyCloud,
iii. In order to comply or obey with the law or requests of local governmental entities, or
iv. If MyCloud determine use of the Services by You or any End Users or MyCloud’ provision of any of the Services to You or any End Users has become impractical or unfeasible for any legal or regulatory reason, or
v. Without having to give any reason, prior to inform You.
MyCloud reserves the right to refuse services to anyone. MyCloud, in its sole discretion, may immediately terminate this Agreement if:
i. You engaged in any of the activities as spelled out but not limited to Clause of Prohibited, Questionable and Infringing Activities above; or
ii. MyCloud or You commits a material breach of its obligations under this Agreement which is incapable of remedy; or
iii. MyCloud or You commits a material breach of its obligations under this Agreement which is capable of remedy but which is not remedied within seven (7) days after the receipt of written notice of default from the other party; or
iv. MyCloud or You is insolvent or takes any corporate action, or other steps are taken or legal proceedings are commenced for its winding up, liquidation or dissolution (other than for the purposes of solvent reconstruction on terms Approved by the party proposing to terminate this Agreement) or for the appointment of a receiver, receiver and manager, official manager, liquidation, provisional liquidator, trustee or similar officer of it or of any or all of its revenues and assets, or
v. In the event any equipment or combination thereof, including hardware and software used by MyCloud in offering of its Services, become affected in their performance and/or functionality so as to render it impossible for MyCloud to continue to provide the Services. In such event the sole extent of MyCloud liability shall be the refund of any advance Subscription Fees paid by You for the duration of the interruption prior to termination.
You may only use the Service for lawful purpose. Transmission of any material in violation of any international, Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. You also warrant that it has the right to use any applicable trademark, which is featured in its Website.
You agree that it shall defend, indemnify, save and hold MyCloud harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against MyCloud, its agents, Your, servants, officers and/or employees, that may arise or resulting from any service provided or performed or agreed to be performed or any product sold by You, its agents, employees or assigns. You agree to defend, indemnify and hold harmless MyCloud against, without limitation:
i. Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Service;
ii. Any material supplied by You infringing or allegedly infringing on the proprietary rights of a third party, or any laws;
iii. Copyright infringement and
iv. Any defective product which You sold on the Service.
License Easement & Others
If at any time MyCloud shall be unable or not agreeable to obtain or maintain any licenses, easement or permission required for the purpose of building or maintaining the Service, MyCloud may, by notice in writing for the said purpose, terminate the Service and You shall not be entitled to claim any payment or compensation.
MyCloud shall not be liable for its breach in any of the terms and conditions of this Agreement arising from the natural disaster, rebellion or civil commotion, war or military operation, emergency, government action, any industrial action, fire, lightning, explosion, flood, heavy or inclement weather, acts or deeds of person or group not commissioned by MyCloud or other causes of its kind or otherwise beyond the control or power of MyCloud.
Any failure, delay or indulgence of MyCloud to enforce any terms, conditions or provisions of this Agreement shall not be construed as a waiver of any of MyCloud’s right or as affecting the legality or validity of all or any part of this Agreement or the right of MyCloud to take action later.
Notice or Statement of Accounts
Any Notice or Statement of Accounts certified by any of MyCloud’s authorised officers which may be given or forwarded to You for the Service shall be deemed to be properly delivered if it is left at Your premises at the address as given by You or if it is sent by ordinary post to the said address or sent via e-mail to the address notified by You.
Any notice to be given to MyCloud by You, shall be sent by registered post or via MyCloud Ticketing Support System or legible facsimile to be followed by confirmation in writing to the address and number as stated below or any other address that may be informed by MyCloud to You from time to time:
Binding on Successors
These Terms and Conditions is binding upon the successors, executors, administrators, personal representatives and Your assign and upon the substitute and assigns of MyCloud.
Solicitors & Advocator Fees
If the fees, charges, damages or any other monies due hereunder by You to MyCloud shall be required to be recovered through any process of law, or if the said monies or any part thereof shall be placed in the hands of solicitors for collection, the You shall pay (in addition to the said monies) MyCloud’s solicitors & Advocator fees (on a solicitor and client basis) and any other fees or expenses incurred in respect of such collection.
Time shall be the essence of this Agreement.
If You are dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of MyCloud in operating the Service, Your sole and exclusive remedy is to discontinue using the Service.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the courts of Malaysia for the purpose of hearing and determining any dispute arising out of this Agreement
Policy on Privacy Protection
EXITRA understands the fact of protecting MyCloud users privacy is important, therefore we operate MyCloud under the following guidelines to safeguard users personally information:
EXITRA defines the policies and procedures for handling MyCloud users information have been created with the understanding that, the platform of Internet business process methods are continuing to evolve, to meet the needs in a changing technologies era. As a result, EXITRA policies and procedures are subject to change, prior to any notice to MyCloud users.
Personal informations store in MyCloud
When serving its customers, MyCloud acquires, stores and transmits users communications and information that users may regard as private and confidential to themselves, as the right of personal informations protection. Some of this information – eg, user’s name, address and telephone number – is uploaded to MyCloud by its user in order to establish MyCloud services. Additional information – such as the user’s personal account or bank account status, choice of services, and user logs – is created and maintained by MyCloud in the normal course of providing services.
MyCloud will protect the confidentiality of its users’ information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of MyCloud and EXITRA, its partners, its employees and other users of MyCloud services. In protecting the loses, misuse, and alteration of information that is collected from users, MyCloud has appropriate physical, electronic, and managerial procedures in place.
MyCloud users information
MyCloud may share user information with selected partners, eg, in providing users with information about products which might be of interest to the users, or to enable users to take advantage of special partner programs. MyCloud may also use users information to provide its users with system or solution information, or information about new or upgraded products.
Modification of MyCloud users information
Users may modify their personal information by logging a support ticket to rise the request.
MyCloud users, whose have registered a domain name with us, upon wish to change the technical contact from MyCloud to another provider, or change any other registration information, is possible by logging into their OpenSrs account at https://support.exitra.com.my/otrs/customer.pl. MyCloud provides all users with full access to their own domain account by providing them with their own username and password. User domain name registration information is made publicly available in the registry of domain names. In the event you lose your OpenSRS password, you can rise a support ticket and MyCloud will re-submit new password to the email address on the domain registration record. In the event users lose their password and the email address on record with OpenSRS is no longer valid, a direct request to OpenSRS is required via email to firstname.lastname@example.org. Therefore it is important to keep the OpenSRS email address current with MyCloud
Privacy protection on websites link with MyCloud
MyCloud may provide links to its partners, third parties, or other Internet websites. These websites have separate privacy practices independent of MyCloud. Therefore MyCloud disclaims any responsibility or liability for its partners, third parties, or other Internet websites policies or actions.
Protection on not disclose of any MyCloud users information
MyCloud will not otherwise disclose its users’ personal and account information, provided MyCloud has legal supporting reason to believe such disclosing of information is necessary to identify, make contact with, or bring legal action against users, or someone who may be causing harm or interfering with the copyrights, property or asset of MyCloud, its users, or MyCloud has a good faith belief that the country law requires such disclosure.
MyCloud will not, except for reasons stated below, disclose to any third parties the contents of any electronic mail or other electronic communications that MyCloud stores or transmits for its users. The circumstances under which MyCloud will disclose such electronic communications information are when:
• it is necessary in order to provide service to the users;
• it is necessary to protect the legitimate interests of MyCloud and its users;
• it is required to cooperate with interception orders, warrants, or other legal process that MyCloud determines in its sole discretion to be valid and enforceable; and
• it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by MyCloud and appear to pertain to the commission of a crime.
• MyCloud disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by users or any others. MyCloud will, however, review, delete or block access to communications that may harm MyCloud, its users, any third parties, or the public. The grounds on which MyCloud may take such action include, but are not limited to, actual or potential violations of MyCloud terms & conditions.
MyCloud is a provider of cloud computing, and other Internet-related services, who offers its clients the means to disseminate a wealth of public, private, commercial, and non-commercial information. MyCloud respects the fact of the Internet provides a forum for free and open discussion and dissemination of information.
However, when there are conflict of interests at issue to the public, MyCloud reserves the right to take certain preventative or corrective actions. In order to protect these conflict of interests, MyCloud has developed Acceptable of Use Policy (“AUP”), which supplements and explains certain terms of each user’s respective service agreement and is intended as a guideline to the user’s rights, and obligations when applying MyCloud services. This AUP will be revised from time to time. A user’s of MyCloud after changes to the AUP are posted on MyCloud website, will constitute the user’s acceptance of any new or additional terms of the AUP that result from those changes.
The Internet is a spectrum that no party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.
When information is disseminated through the Internet, they also must keep in mind that MyCloud does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, due to the information user creates is carried over MyCloud cloud computing platform, and may reach a large number of people who is able to access it, including both MyCloud users and other Internet public users. Therefore postings to the Internet may affect other Internet public users, and may harm MyCloud goodwill, business reputation, and operations. For these reasons, MyCloud policy and service agreement restrict MyCloud users (include their customers, affiliates, or subsidiaries) engage in the following prohibited activities:
The abuse and misuse of e-mail is a serious problem, and MyCloud cannot and will not tolerate it. This policy covers all servers and domains on MyCloud cloud computing website, and its data center infrastructure.
Definition of UCE (Unsolicited Commercial E-mail), or spam:
Repercussions of spam:
Across the Web, it is generally accepted that spam is an inconsiderate and improper business practice.
Impacts to MyCloud:
Spam is not only harmful because of its negative impact on public consumer attitudes toward MyCloud, it also can overload MyCloud network and resources.
There are many groups that report and block the networks that spam is sent from. In the event spam is generated off of MyCloud or our customers servers, our network can be blocked and this impacts other users putting our network at risk.
Since it is unsolicited, users who receive spam often become angry and send complaints to our upstream providers. This upsets our providers who abhor spam for the same reasons that MyCloud does – it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the World Wide Web (www) community and obviously will not allow any practice that threatens these relationships.
Consequences/ Penalties for Spamming:
MyCloud reserves the right to terminate, without warning, any account that violates this policy. Usage of MyCloud services constitutes acceptance and understanding of this policy.
MyCloud may, at its option, charge $100.00 (MYR) per spam complaint we receive for any domain on our network and will be charged to the owner of the domain or the owner of the server the domain resides on or the partner of the domain. MyCloud partners, MyCloud server owners and MyCloud colocation clients may choose to pass this charge down to their counterpart, as and when appropriate.
It is the responsibility of dedicated server owners, resellers and colocation clients to manage the email from their server/accounts and to keep in compliance of our policies.
MyCloud reserves the right to decide what it considers “spam”, “UCE”, “mail bombing”, or “bulk e-mail”, and to determine from all of the evidence whether or not the e-mail recipients were from an “opt-in” e-mail list.
Should you choose to e-mail from MyCloud servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.
Basic Mailing List Management Principles for Preventing Abuse
Mailing lists are a vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.
Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.
Virtual Shared Servers
Because the Internet is a global communication tool, and MyCloud has users from nearly every country in the world it is difficult to dictate what is considered “Adult Material”. However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why MyCloud has been forced to create its no adult sites policy for its virtual and bulk MyCloud partner server users, including but not limited to direct customers, resellers and resold accounts.
What does MyCloud consider “Adult Material”?
MyCloud reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.
Why does MyCloud have this policy?
Bandwidth and Resources
A cloud computing is a shared environment where many servers reside on each particular machine. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 10GB of transfer per day. With these types of resources being utilized, MyCloud cloud servers would be severely slowed if we allowed these high traffic sites to also reside on MyCloud cloud servers. MyCloud strives to keep our servers fast and inexpensive, and the bandwidth clear. Therefore, adult sites are not an option.
Adult sites tend to get blocked. Since many of our shared accounts also share IP addresses and/or the range of IPs are blocked, all other users on that server or network range are impacted.
Many people do not want to be associated with adult content, based on personal opinions and beliefs. IPs are assigned to a server in ranges and IP address are in many cases shared IPs. Consequently, we want our shared servers to be ‘adult content’ free.
Virtual Private (VPS), Dedicated and Colocation servers
MyCloud can swip the IPs and assign them to the owners of these accounts, and MyCloud does allow cloud dedicated server, and colocation customers to have adult content on their servers. MyCloud terms of service and acceptable use policies do apply, including, but not limited to:
UCE / Spam: Adult sites tend to use UCE/spam as a source of marketing. Please review MyCloud terms & conditions, before considering using our services for Adult material. We have zero tolerance for spam.
Illegal Content: We do not allow any illegal activities on our network, including, but not limited exploitation of minors.
MyCloud Shared Server Resources Abuse
MyCloud allows CGI, PHP, Perl and many other normal processes used for hosting to be used on all Virtual Servers. These processes can be resource intensive however, and because a Virtual Server must be shared with other users, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. Therefore any program (application, script, etc.) or usage that consumes too many resources that impacts other customers in either performance or reliability is considered resource abuse. Shared servers are ‘shared’ and we all need to play fair. In the event a user requires more resources than is acceptable on a shared server environment, a dedicated solution, such as our VPS, dedicated or colocation services are recommended.
What does MyCloud consider “System Resource ABUSE”?
Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. MyCloud is the sole determinant of what constitutes degraded server performance.
Although our Bulk Reseller plans have larger disk space and bandwidth availability, these accounts are intended for small to medium sized web sites and traffic loads. The BR Accounts are not intended for large, busy, resource intensive web sites and they will be suspended if found impacting server performance. Large busy sites, especially those using databases, usually require a dedicated solution due to resource usage. Our VPS and Dedicated Servers options are better suited for these type of sites since they do not impact other users.
Examples include, but are not limited to:
Flat File Database Driven Forums
Due to their use of flat files instead of databases, MyCloud does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our cloud shared server environment. MyCloud suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards. Busy sites with large forums and data bases are not suited to a shared server environment.
Background Running Processes
Background Daemons in general are prohibited on MyCloud cloud servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
We allow customers to set up cron jobs to perform routine functions automatically. Due to the impact on the server, running some automated processes can take up considerable server resources and in those cases, our technicians may disable the cron job.
MyCloud has a strict policy regarding use/spam on our network, but we allow use of mailing lists within the constraints of our spam policy. Sending thousands of e-mails off of a given cloud server can impact the performance of the server, thus MyCloud limits the amount of e-mail allowed on cloud shared virtual servers not to more than 500 e-mails per day and 10 emails in 10 seconds.
Maximum Email Attachment Size
The maximum email size (which include email content, header, attachment, etc) MyCloud allows in cloud share hosting mail server is limited to10MB per email.
Maximum MYSQL Database Size
MyCloud allows unlimited number of MySQL databases, but in the interest of server stability. Users have to try to keep it optimized, less than 500 tables per database/instant, or less than a total of 1000 tables combination of all databases per cloud hosting account, and less than a total of 1GB size combination of all databases/instant per MyCloud account, whichever is lower.
Archive or Backup Storage
Using cloud shared hosting as a backup/storage device is not permitted. This includes but not limited to Video, Music, ISO, archiving of electronic files, log files.
Many commonly used scripts can be exploited to allow unauthorized users into MyCloud systems. MyCloud may on occasion needs to ban, and consequently disable these scripts without any prior notice. Users can view the most current exploits on MyCloud banned-scripts page.
Peer to peer file sharing application
Why does MyCloud have this policy?
A cloud virtual server is shared, as such there are many instants per machine. In all fairness, MyCloud cannot allow one or two users to use all of the system resources on a shared machine, and have all other clients on the same machine suffer because of it. If the CPU, disk I/O and machine memory usage gets too far out of hand, all sites hosted on the machine could reach maximum load.
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. MyCloud is required by law to remove or block access to user content upon receipt of a proper notice of copyright infringement. It is MyCloud policy to terminate the privileges of users who commit repeat violations of copyright laws.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party within MyCloud, 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).
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
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.
Target Audience: cloud dedicated server, VPS, cloud co-location and cloud shared hosting users.
Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a cloud shared server environment.
Consequently, in order to keep MyCloud network and cloud servers safe, we may need to take actions that inconvenience users. Anytime MyCloud finds scripts or tools that can become easily compromised or impact other users, by using too many cloud server resources, we may need to disable scripts or other tools which installed and used by users.
Whenever possible, MyCloud will notify users in advance. We will also attempt to keep this page updated with current scripts which will require removal from our cloud shared servers.
This list includes script/program names, reason for ban, who/what servers they are banned, and provide alternative options for MyCloud users whenever possible.
Banned scripts and alternatives:
Script / Program
Matt Wright’s formmail
1.91 and previous
Not Allowed On
Exploitable to send UCE/spam
Copyright Infringement / Intellectual Property
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. MyCloud is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.
Miscellaneous And Other Activities
Other specific activities that are against our Acceptable Use Policy include the following:
Defamatory or Abusive Language
Using MyCloud as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Any content that is discriminatory based on gender, race, age and/or promotes hate or violence is prohibited.
Usenet Group postings that violates our TOS
MyCloud reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Facilitating a Violation of our TOS
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, mail bombing, denial of service attacks, and piracy of software.
Other activities MyCloud determines to be harmful
Engaging in activities, whether lawful or unlawful, that MyCloud determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the user. MyCloud will not, as an ordinary practice, monitor the communications of its users to ensure that they comply with MyCloud teams & conditions, policy or applicable law. When MyCloud becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
MyCloud also is concerned with the privacy of on-line communications and web sites. The Internet is secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, MyCloud urges its clients to assume that all of their on-line communications are insecure, however MyCloud cannot take any responsibility for the security of information transmitted over MyCloud website.
MyCloud will not intentionally monitor private electronic mail messages sent or received by its user unless required to do so by law, governmental authority, or when public safety is at stake. However, MyCloud may monitor its service electronically to determine that its facilities are operating satisfactorily. MyCloud may disclose information, including but not limited to, information concerning a client, a transmission made using MyCloud website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. MyCloud assumes no obligation to inform the user that, user information has been provided and in some cases may be prohibited by law from giving such notice. Finally, MyCloud may disclose client information or information transmitted over its network where necessary to protect MyCloud and others from harm, or where such disclosure is necessary to the proper operation of the system.
For MyCloud to establish the guidelines on automatic removal of older mail items in the “Sent Items”, “Junk Folder”, and “Deleted Items” folders. Automatic purging will maintain the user email databases, limit disk space usage, and reduce possible of email data corruption.
MyCloud email purging policy only applies to users of share hosting services.
Deleted Items – 168 MB:
The items that are marked for deletion are placed in the “Deleted Items” folder. When the deleted folder exceeded 168MB, the oldest email (sort by time/date) will automatic removed (permanently). These items cannot be restored; therefore it is critical to mark only the items that mean for deleting.
Junk Items – 168 MB:
“Junk Items” folder is where all MyCloud user emails which been filtered (automatically by anti-spam agents) or marked (by user) as “SPAM email” are kept. When the “Junk Items” folder exceeded 168MB, the oldest email (sort by time/date) will automatic removed (permanently).
This Personal Data Protection Notice (“Notice”) sets out how Exitra Sdn Bhd (“Company”) collects, uses and protects the Personal Data of their business partners, customers and prospective customers, and such other persons whose Personal Data have been provided to the Company. This Notice is prepared in accordance with the requirements of the Malaysian Personal Data Protection Act 2010.
The Company reserves the right to amend or modify this Notice from time to time without prior notice to you.
Ini adalah Notis Perlindungan Data Peribadi (“Notis”) menerangkan bagaimana Exitra Sdn Bhd (“Syarikat”) mengumpul, menggunakan dan melindungi Data Peribadi rakan kongsi perniagaan mereka, pelanggan dan bakal pelanggan, dan mana-mana orang lain yang Data Peribadinya telah disediakan untuk syarikat. Notis ini disediakan selaras dengan keperluan Akta Perlindungan Data Peribadi Malaysia 2010.
Syarikat mempunyai hak untuk meminda atau mengubah suai Notis ini dari semasa ke semasa tanpa notis terdahulu kepada anda.