- Offensive Content
- Non-acceptable content
- Security
- Bulk Commercial E-Mail
- Unsolicited E-Mail (SPAM)
- Backups and Data Loss
- Material Protected by Copyright
- Copyright Infringement Notice
- Internet Abuse
- Server Abuse
- Resource Usage
- CGI Scripts
- CGI Scripts Chat Rooms
- Background Running Programs
- Internet Relay Chat
- Shell Access
- Price Change
- Money back Guarantee
- Other
- Disclaimer
- Changes to the AUP

You may not publish or transmit via eSurge Network’s service any content that eSurge Network reasonably believes:

• constitutes child pornography;
• constitutes pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person’s trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to eSurge Network; or
• is otherwise malicious, fraudulent, or may result in retaliation against eSurge Network by offended viewers.

Content “published or transmitted” via eSurge Network’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by eSurge Network.

All services provided by eSurge Network may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless eSurge Network from any claims resulting from the use of our services.

Examples of unacceptable content or links:

• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Betting/Gambling
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Illegal material or material that is against public policy

eSurge Network will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund.

You must obtain eSurge Network’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to eSurge Network’s reasonable satisfaction:

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

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

eSurge Network may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

eSurge Network's Web Hosting accounts include a nightly backup service, however these backups are for eSurge Network administrative purposes only, and are in no way guaranteed.

Your use of the service is at your sole risk. eSurge Network is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on eSurge Network servers.

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your eSurge Network’s services.

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

eSurge Network will terminate the service of repeat copyright infringers.

If you believe your copyright is being infringed by a person using the eSurge Network network, please send your written notice of copyright infringement to:

eSurge Network
2746, 2nd Floor, Jalan Chain Ferry,
Taman Inderawasih. 13600 Perai, Penang, Malaysia.

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit eSurge Network to locate the material;
• Information reasonably sufficient to permit eSurge Network to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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

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

Users may not use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP,ASP, ASP.NET, HTTP, etc.

eSurge Network does not allow all hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. eSurge Network provides chat rooms that meet most users' needs and run without hindering system performance.

eSurge Network may allow, on a case-to-case basis, programs to run in the background. If these programs require additional system resources, extra charges may be applied to your account. If you wish to run background programs please contact support@esurge.net.my for review and setup.

Money Back Guarantee within 30-day of signup (Applicable Only To Web Hosting Services. Exclude Domain Name Registration and SSL Certificate).

The 30 day money back guarantee does not apply to Reseller Hosting Services and Dedicated Servers, or any fees associated with these accounts.

Accounts cancelled/terminated by eSurge Network for violating our Acceptable Use Policy do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to offensive content, you will not be given any refund.

Please allow 4-6 weeks for refunds of check or money order payments.

You must have valid and current information on file with your domain name registrar for any domain hosted on the eSurge Network network.

eSurge Network is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the eSurge Network network.

Inquiries regarding this policy should be directed to info@esurge.net.my.