Terms, Conditions and Acceptable Use Policy.

The terms below are an important part of the service contract between you and MERCUMAYA.NET 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:

Provider: MERCUMAYA.NET
Client: The person or entity or company who is using MERCUMAYA.NET's Web hosting services

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
MERCUMAYA.NET 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 MERCUMAYA.NET customer, whether or not the attacked account or computer belongs to MERCUMAYA.NET, 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, damaging, violation, hacking that are found on our servers without issuing a refund.

File backups and restore
Although MERCUMAYA.NET does back up data daily, it is the users responsibility to back up all files. MERCUMAYA.NET'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/PHP 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 MERCUMAYA.NET be liable in the event a customer CGI/PHP application fails to take proper precautions
and truncates user data, even in the event of a reboot or shortage of diskspace.

Lawful Purpose
MERCUMAYA.NET reserves the right to refuse service to anyone. Customers may only use MERCUMAYA.NET'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. MERCUMAYA.NET expressly forbids anyone from using MERCUMAYA.NET'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 MERCUMAYA.NET's management.
MERCUMAYA.NET's services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of MERCUMAYA.NET'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 through money order or postal order and pay to NetLynx Solutions.
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. For renewal account, If we did not receive any payment five (5) days after your expired date, we will suspend your account. Two (2) weeks after suspension, we will terminate your account if the payment is still not being made.

Free Gift
Any free gift offered by MERCUMAYA.NET is valid during order process and while stock last.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold MERCUMAYA.NET harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MERCUMAYA.NET, 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 MERCUMAYA.NET against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MERCUMAYA.NET'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 MERCUMAYA.NET's server.

Disclaimer
MERCUMAYA.NET 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 MERCUMAYA.NET and its employees. MERCUMAYA.NET makes no warranties of any kind, expressed or implied about the services we provide. MERCUMAYA.NET specifically disclaims all warranties of merchantability and fitness for a particular purpose.

Content:
All services provided by MERCUMAYA.NET 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 MERCUMAYA.NET 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
MERCUMAYA.NET will be the sole arbiter as to what constitutes a violation of this provision.

Background Processes/Programs
MERCUMAYA.NET 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:
MERCUMAYA.NET does allow Cron Jobs to be conducted on our servers.

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

Idle Timeouts:
MERCUMAYA.NET may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds

Commercial Advertising - Email:
To avoid interruption we have LIMIT the email outgoing to 100 emails per hour.
Spamming, or the sending of unsolicited email, from a MERCUMAYA.NET server or using an email address that is maintained on a MERCUMAYA.NET 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. If a client is identified as spammer, we will immediately investigate, and if proven true, the account will be terminated immediately and the client will be liable to cover all damages caused and the costs of any penalties imposed by law. All payments made by said customer will not be refunded.
MERCUMAYA.NET 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 100 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM GMT+8
MERCUMAYA have the rights to use any black listed filter provided by any anti spamming society e.g. spamcop.net, spamhaus.org, ordb.org, etc. for security to the email user and also to avoid spamming. If your IP is blocked by any of the above mentioned society, MERCUMAYA.NET will not be responsible and you need to contact your Internet Service Provider about your problem.

PHISHING Activities 
We have right to terminate or suspend without notice if your website running PHISHING activities.
 

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 Webhosty server, customer of Webhosty or servers outside Webhosty is strictly prohibited, and is followed by an account deactivation with no refund.

MERCUMAYA have the rights to use any black listed IP filter provided by any anti spamming/hacking society e.g. spamcop.net, spamhaus.org, ordb.org, etc. for security to the email/account user and also to avoid spamming/hacking. If your IP is blocked by any of the above mentioned society, MERCUMAYA.NET will not be responsible and you need to contact your Internet Service Provider about your problem.

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. MERCUMAYA.NET reserves the right to terminate any running software processes that are overloading a server, or slowing it down heavily without any notice to customer and customer will be inform later.

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. Client may upgrade to Dedicated Server. The user will be alerted if his/her site goes beyond such limit, and will be given 1 day or less 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 or suspended.

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, MERCUMAYA.NET 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, MERCUMAYA.NET 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, MERCUMAYA.NET 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 MERCUMAYA.NET server or customer of MERCUMAYA.NET is strictly prohibited. MERCUMAYA.NET will pursue legal action to the fullest extent for all abuse of the MERCUMAYA.NET 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. MERCUMAYA.NET reserves the right to remove any account without prior notice. If MERCUMAYA.NET 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.

MERCUMAYA.NET 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 MERCUMAYA.NET network. The MERCUMAYA.NET Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of MERCUMAYA.NET web hosting, reseller, dedicated server, and e-commerce services.

Uptime Guarantee:
MERCUMAYA.NET strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by MERCUMAYA.NET monitoring systems or MERCUMAYA.NET authorized/contracted outside monitoring services.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the MERCUMAYA.NET 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). MERCUMAYA.NET 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 MERCUMAYA.NET

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

7-Failure or error of any MERCUMAYA.NET monitoring or measurement system

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

Connectivity:
MERCUMAYA.NET goal is to make the MERCUMAYA.NET 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 MERCUMAYA.NET service failure for more than 15 consecutive minutes, excluding service failures relating to MERCUMAYA.NET scheduled maintenance and upgrades.

Hardware Failure:
MERCUMAYA.NET stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. MERCUMAYA.NET utilizes only name brand hardware of the highest quality and performance. MERCUMAYA.NET 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. MERCUMAYA.NET 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:
MERCUMAYA.NET 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, MERCUMAYA.NET makes no claims regarding the availability or performance of the MERCUMAYA.NET 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 MERCUMAYA.NET, 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.