Term of Service (TOS) and Acceptable Use Policy (AUP)
This is an agreement made between you, the client and Focushub. When the client registers for an account with Focushub, the client agrees to abide by all the terms and conditions as set out in this document.
1. Focushub agrees to provide the client web hosting for a monthly/annual fee
Focushub will never require clients to advertise for Focushub on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites or content.
2. Content All services provided by Focushub may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any Singapore (or any other country) law is prohibited. This includes, but is not limited to:
- Sex Related Merchandise
- Pirated Software
- Hacker's or Cracker's Aids/Tools
- Threatening acts
- Malicious acts
- Breaking any applicable laws/regulations
- Online Gambling
- Copyrighted MP3s in any file formats (e.g. zip, rar, etc)
- Copyrighted movies in any file formats (e.g. zip, rar, etc)
3. The client pledges not to expose Focushub to any civil or criminal liability
Any violation of the above, at Focushub's discretion, is a material breach of this agreement. Depending on the severity of the situation, Focushub may, at its sole discretion, suspend the account(s) in question and issue a warning or to terminate the account. Suspensions and/or terminations may be done without any notice to the client. No refunds will be made for accounts terminated due to a breach of this agreement.
Pornography and sex-related merchandising are prohibited . This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Focushub will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Spamming Software (see Clause 11)
4. Background-running Programs
As a general rule we do not allow background-running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
5. Scripts / Software Policies
a. IRC Script Policy
No IRC Bot(s) or automotive scripts may not be run or used. Depending on the severity of the violation, a warning may be issued or, for repeat offenders, termination of services. We may charge a fee of S$100 for every violation.
b. No SSH / Shell access
Any account that contains a script or software that can be used in any way to enable SSH / Shell access or elevate privileges will be suspended without notice.
c. CGI (Perl Scripts) and other scripts
Accounts may use any scripts (such as CGI and PHP) as desired, however, these scripts must not be banned from our servers. Focushub reserves the right to render inoperative any scripts that affects server operation, security, or our ability to offer services to other clients. Focushub does not troubleshoot scripts and we are not responsible for scripts that the client may use. Focushub provides technical support for the server and its related functions; scripts included in cPanel are considered 3rd party scripts and we may not offer support for that.
6. Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
7. Intellectual Property Rights
Material accessible to you through Focushub's Services may be subject to protection under Singapore (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Focushub Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Focushub Network. If you use a domain name in connection with the Focushub Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
8. Network Security
Clients may not use the Focushub Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Focushub will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
10. Refusal of Service
Focushub reserves the right at its sole discretion to refuse or cancel service. Violation of any of Focushub's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
11. Spam Or Unsolicited E-Mail
You must not use the Focushub Network, Focushub equipment or any Focushub email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Focushub Network, Focushub equipment or any Focushub email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, Focushub reserves the right to disable your domain without warning. In addition, Focushub may impose a $50 penalty for each spam policy violation. Focushub solely reserves the right to refuse or cancel service to known spammers. Lastly, Focushub reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause harm to a Focushub client, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Client agrees that it shall defend, indemnify, save and hold Focushub (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Focushub, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Focushub against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Focushub company; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Client agrees to limit the liability of Focushub to the amount paid for service.
The client undertakes to pay in full service fees and any other fees(s) before the due date for payment. Late fees may be applicable for payments made after the due date, at the sole discretion of Focushub.
Services provided by Focushub to the client may be suspended if fees are not paid by the due date. Focushub shall not be held responsible in any way for any loss or damage incurred by the interruption of service. If the client has registered a domain through Focushub, non-payment of fees will result in a lapse of the domain registration. However, there will be no re-activation fees for suspended services to be restored. This interruption of service does not count towards, in any way, the uptime guarantee, if any is given.
Upon the termination or expiration of this agreement, the client agrees to pay in full all outstanding, unpaid fees through the effective date of termination or expiration of this agreement. Unless otherwise specified, all payments are treated as a block payment for the specified period, and may not be broken down into smaller divisible parts.
15. Domain Name
It is the client's responsibility to ensure that fees for their domain name(s) are paid and that the records of the domain are properly entered. The client agrees to make publish their information as required for the WHOIS, a public record. In the event that the client loses ownership/use of the client's domain name(s) due to no fault of Focushub, Focushub can not be held responsible, nor can Focushub take any action to recover the domain name(s). Focushub will provide the configuration details but may/may not assist in the configuration of the client's domains not purchased through Focushub. Focushub however, does not guarantee the success of any configurations. The client is advised to contact their registrar for any further assistance.
Focushub is not responsible for paying any fees for the domain. Should the client fail to express his/her intent and/or fail to make payment for the domain name(s), Focushub shall assume that the client is not willing to keep his/her domain(s). Focushub shall not be responsible for any downtime of services or any losses of any kind should the domain name associated with the client's account be incorrectly configured and/or if the domain name has expired through the negligence of the client.
If you are paying for domain name registration/renewal/transfer, the fee are non-refundable
16. Data Transfer and Disk Space Usage
Client are not allowed to use the account for the purpose of
file sharing or massive downloading of the file by the public as
such action will affect the proper functioning of the server.
Client agrees that data transfer and disk usage shall not exceed the number of megabytes per month for the Services ordered by Client on the Order Form. Focushub will monitor Client's data transfer and disk usage. Focushub shall have the right to take corrective action if Client's data transfer or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Focushub sole and absolute discretion. Packages on Unmetered bandwdith will be capped at 30GB of bandwidth per month by default or hard capped at 256 kbps burstable speed. If Focushub takes any corrective action under this section, Client shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a client exceeds the included allocation, Focushub may, at its sole discretion, collect a deposit, in an amount determined by Focushub.
17. Reselling of Focushub disk space and/or subdomains
Clients who sign up any plans with Focushub are not allowed to resell their subdomains and/or disk space without the approval of Focushub. Focushub reserves the right at its sole discretion to terminate the service if it is found out that clients are reselling the disk space and/or subdomains.
18. Refunds Policy
Refunds will only be offered to NEW customers who wish to cancel their account with us within our 14 Days Money Back window.
Customers who wish to terminate their account after the "14 Days Money Back" will not be eligible for any refunds for the remaining unused months.
Renewing customers will not be egligible for any refunds for any early termination of their account.
Domain Name Registration / Renewal / Transfer is final and No Refunds will be Allowed / Provided.
Authorised email refers to the email account that is used when signing up for an account with Focushub. It is the customer's responsibility to keep their authorised email updated. Focushub will only take instructions for an account or domain from the account's authorised email account. Focushub will ignore all other requests made from other accounts unless specifically instructed otherwise by the authorised email account. If in the case of the lost of control of the authorised email account, the customer will have to provide proof of his/her identity. Focushub retains the right to recognise or dismiss any proof it finds inconclusive. Normally in such a case, identity cards will be used to match the owner name and that of the identity card.
Focushub will not be responsible for any damages your business may suffer. Focushub makes no warranties of any kind, expressed or implied for services we provide. Focushub disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Focushub and its employees. Focushub makes no "uptime" guarantees.
Focushub can accept no responsibility for any loss of data or consequences arising from this. Focushub always advises clients to back up their site data regularly for its own protection.
Finally, Focushub wishes to emphasize that in accepting services, clients indemnify Focushub for the violation of any law or Focushub policy, that results in loss to Focushub or the bringing of any claim against Focushub. This means that if Focushub is sued because of activities of the client that violate any law, or this policy, the client will pay any damages awarded against Focushub, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
Focushub reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.