DCL Business Network Centre

The terms below are an important part of the service contract between you and De Classic Life (M) Sdn. Bhd. (DCL) Once you apply for our service, we deem that you have agreed to this terms and conditions or your order will not be processed. The following words used in context of the Service Contract are defined as follows:

The Provider agrees to provide, and Client agrees to receive, access to the virtual server or Web hosting services according to the following terms and conditions:

Specific Acceptable Use Policies
Unauthorized use of other people's accounts or computers DCL will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc.

Any unauthorized use of accounts or computers by a DCL customer, whether or not the attacked account or computer belongs to DCL, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

Adult Oriented Websites
We do not allow adult oriented websites on our servers due to the fact that they are resource intensive. We do not feel is it fair to our other customers to allow sites that inhibit their performance. We reserve the right to terminate any adult sites that are found on our servers without issuing a refund.

File backups and restore
Although DCL does back up data daily, it is the users responsibility to back up all files. DCL's automatic back up system is designed to restore entire file systems in the event of complete disk loss. It is not, however, designed to restore individual user's files. At no time will we be liable for lost data, and if asked to restore files for an individual customer outside of a complete file system failure. Customers who use CGI scripts to maintain file-based databases should take precautions to ensure that data is not lost in the event of a shortage of disk space (including over quota errors), reboots or killed processes. At no time shall DCL be liable
in the event a customer CGI application fails to take proper precautions and truncates user data, even in the event of a reboot or shortage of diskspace.

Lawful Purpose
UTDC Hosting reserves the right to refuse service to anyone. Customers may only use DCL's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, child pornography and satanic materials. DCL expressly forbids anyone from using DCL's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of DCL's management. DCL's services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of DCL's resources. Doing so could result in immediate account cancellation.
Your password is considered private and is not to be given out to any third party outside your organization.

Payment Policies
If make and order, we will create an account for you. If we did not receive any payment five (5) days after your order, we will suspend your account. Two (2) weeks after suspension, we will terminate your account if the payment is still not being made. You will continue to be automatically billed and renewed until you fill out a cancellation request form. The payment must be made via internet banking or credit through money order or postal order and pay to De Classic Life (M) Sdn. Bhd.. The customer is responsible for all money owed on the account from the time it was established to the time that the customer properly executes a cancellation request. If you are a check paying customer, terms and condition will be sent to you via e-mail. We allow up to seven (7) days for payment to arrive for those who are inside Malaysia and two (2) weeks for those who are outside from Malaysia.

Cancellations and Refunds
Customers can cancel service within 30 days to obtain a refund. The customers account comes with our 30 day money-back guarantee which is only valid for the initial billing period. This is the only method we accept for cancellations. If you wish to cancel your account, you may do so by emailing us at Alamat email ini telah dilindungi dari spam bots, anda perlukan Javascript enabled untuk melihatnya This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . DCL reserves the right to cancel service at any time without notice for any reason that we deem appropriate. All monthly service fees paid in advance of cancellation will be pro-rated and refunded by DCL if DCL institutes its right of cancellation. If cancellation is caused by the customer's violation of these policies, then no refund is due. If customer initiates cancellation and this cancellation is placed after the first 30 days of the initial billing period, then no refund is due. Each billing period is considered a contract that you are responsible for fulfilling. Your files WILL BE DELETED when we receive this form. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check within 30 days of receipt of cancellation, if a refund is due.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold DCL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DCL, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DCL against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with UTDC Hosting's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from DCL's server.

Disclaimer
DCL will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DCL and its employees. DCL makes no warranties of any kind, expressed or implied about the services we provide. DCL specifically disclaims all warranties of merchantability and fitness for a particular purpose.

Content:
All services provided by DCL may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysia Federal or State law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless DCL from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links
· Pirated software
· Illegal MP3's
· Hackers programs or archives
· Warez Sites
· Child Pornography
DCL will be the sole arbiter as to what constitutes a violation of this provision.

Background Processes/Programs:
DCL may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs:
DCL does allow Cron Jobs to be conducted on our servers.

IRC:
DCL currently does not allow IRC or IRC bots to be operated on our servers.

Idle Timeouts:
DCL may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet - 2 hours

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a DCL server or using an email address that is maintained on a UDCL machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
DCL will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptiable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM GMT+8

Network and Server Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Any attempts to undermine or cause harm to a DCL server, customer of DCL or servers outside DCL is strictly prohibited, and is followed by an account deactivation with no refund.

Server Resources
It is a violation for anyone to post information or to include programs on our servers that consume server system resources and slow down the server in turn. Any party that slows our servers down, can and will be notified. DCL reserves the right to terminate any running software processes that are overloading a server, or slowing it down heavily.

CPU/RAM Usage
The CPU/RAM consumption of a web site may in no way affect the performance of a server. This means that the implementation of scripts on a web site must be carefully studied by the account's owner. Examples of what can cause high CPU/RAM usage are:
- Scripts that handle too much data from text files. An example of this is a message board. The UBB (Ultimate Bulletin Board) & Ikonboard is well known to consume very high amounts of CPU anytime it has to handle its flat file/mysql database (like when someone posts a message).
- Perl scripts constantly executed consume a lot of server resources, since the Perl interpreter must be launched each time the script is called.
- Scripts with long loops.
- Scripts that are constantly calling a database and doing complex queries.
- We reserve the right to disable any script that affects normal shared server operation without notice.
- Web sites with excessive traffic will consume plenty of CPU and RAM, since the webserver has to handle more. Any web site with more than 140,000 hits per day will be considered a high traffic web site. Special prices apply in such case. The user will be alerted if his/her site goes beyond such limit, and will be given 3 days to either upgrade his/her plan to accomodate the added traffic or to lower the traffic. If not, the account's traffic consumption will be controlled, or, the account might get cancelled.

If a script (and its instances) is found to be consuming too much CPU power (more than 10%) and/or RAM, and it's affecting the overall performance of a server, DCL has the right to move/block the script, and warn the account's owner. The warning will consist of a request to improve the performance of the script, or to replace it with a more efficient one. If, the account's user pays no attention to a warning (or several ones) and puts the script back to operation, DCL has the right to again block the script and/or change the account's password until the user complies. If, after that, the user still pays no attention to the warning and puts the script back, DCL will delete the account. No refunds for the current month of service will be given (advanced payments will be refunded).

Server Abuse:
Any attempts to undermine or cause harm to a DCL server or customer of DCL is strictly prohibited. DCL will pursue legal action to the fullest extent for all abuse of the DCL Network.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. DCL reserves the right to remove any account without prior notice. If DCL deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

DCL is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the DCL network. The DCL Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of DCL web hosting, reseller, dedicated server, and e-commerce services.

Uptime Guarantee:
DCL strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by DCL monitoring systems or DCL authorized/contracted outside monitoring services. If DCL fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. DCL does not credit a full month's service for minor downtime. This would not be financially healthy for DCL and in turn would only negatively affect the service level DCL provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, DCL may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the DCL network caused by or associated with:

1-Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed.

2-Telco or Backbone Failure (TMnet, Jaring etc)

3-Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). DCL utilizes only name brand hardware of the highest quality and performance.

4-Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)

5-DNS issues not within the direct control of DCL

6-Network floods, hacks, attacks from outside parties or individuals

7-Failure or error of any DCL monitoring or measurement system

8-Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of DCL service(s) in breach of DCL Policy and Service Guidelines by Client or others authorized by Client.

Connectivity:
DCL goal is to make the DCL network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a DCL service failure for more than 15 consecutive minutes, excluding service failures relating to DCL scheduled maintenance and upgrades.

Hardware Failure:
DCL stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. DCL utilizes only name brand hardware of the highest quality and performance. DCL will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. DCL will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

General:
DCL reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, DCL makes no claims regarding the availability or performance of the DCL network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

OUR GUARANTEE!
We want you to be a satisfied customer! We can only be successful if we have satisfied customers, so we go the extra mile to make sure we offer the highest quality of service at great prices. While our business is DCL, we will try to direct you to places with answers to questions that are outside of Hosting, but still part of being on the Web.