All users of Smart Team's services, and all customers upon signing up for Smart Team's services, agree to comply with Smart Team's Acceptable Use Policy ("AUP"). The spirit of the AUP is to ensure customers are using Smart Team's services with due regard to the rights of other Internet users and in conformity with the requirements of Smart Team's network environment. The AUP are not exhaustive and Smart Team reserves the right to add, delete, or modify any provision of its AUP at any time without notice, effective upon either the posting of the modified AUP to http://www.smartteam.net/ or notification of the modified AUP. Any complaints about a customer's violation of the AUP should be sent to abuse@smartteam.net. The AUP supersedes any other agreement with Smart Team, whether written, oral, by conduct, or otherwise.

The abuse and misuse of e-mail is a serious problem, and Smart Team cannot and will not tolerate it. This policy covers all servers and domains on our network, including but not limited to Value Hosting, Priority Hosting, Application Hosting, Email Hosting, Dedicated Server and Colocation.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) web site.

Due to the increased problems and risk to our network, Smart Team also prohibits the use of 3rd party mailing lists and FFA's. See our mailing list management principals for managing your own lists. Examples that we do not allow include but are not limited to:

• Safe list
• Purchased / Sold mailing lists
• FFA's

Across the Internet, it is generally accepted that spam is an inconsiderate and improper business practice.

Spam is not only harmful because of its negative impact on consumer attitudes toward Smart Team, but also because it can overload Smart Team's 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 ours 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 received spam often become angry and send complaints to our upstream providers. This upsets our providers who abhor spam for the same reasons that Smart Team does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Internet community and obviously will not allow any practice that threatens these relationships.

Smart Team reserves the right to terminate, without warning, any account that violates this policy. Usage of Smart Team's services constitues acceptance and understanding of this policy.

It is the responsibility of dedicated server owners, resellers and colocation clietns to manage the email from their server/accounts and keep in compliance with our policies.

Smart Team reserves the right to decide what is 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.

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 abusive manner.

1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
2. Mailing list administrators must provide a simple method for subscriber to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
3. Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrator can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon requested by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
6. Mailing list administrator must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and seperate mailing list requiring a seperate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list but existing subscribers should never be subscribe automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

* This spam (UCE) Acceptable Use Policy and all other Smart Team policies are subject to changes by Smart Team without notice. Continued usage of the services after a change to this policy is implemented and posted on Smart Team web site constitutes your acceptance of such change of policy. We encourage you to regularly check the Smart Team web site for any changes or additions. Visit our Terms of Use for further information regarding our policies.

Because the Internet is a global communication tool, and we have clients 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 Smart Team has been forced to create its no adult sites policy for its users, including but not limited to direct customers, resellers and resold accounts.

• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
• Hyperlinks to adult sites, including but not limited to sites who violate these policies.
• Sites that have discussion boards and share information that is "adult" in nature.
• Sites that sell or promote "adult" material, including but not limited to adult toys.

Smart Team reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order. Please email sales@smartteam.net.my for review of your content and/or site.

A virtual server 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 web sites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severly slowed if we allowed this high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our 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.

Because we can swip the IPs and assign them to the owners of these accounts, we do allow our dedicated and colocation customers to have adult content on their servers. All of our Terms of Service, Acceptable Use policies do apply, including, but not limited to:

• UCE / Spam: Adult sites tend to use UCE/Spam as a source of marketing. Before considering our services for Adult material, please review our spam policy. We have zero tolerance for spam.
• Illegal Content: We do not allow any illegal activities on our network, including, but not limited to exploitation of minors.

Smart Team 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 dedicated or colocation services are recommended.

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. Smart Team is the sole determinant of what constitues degraded server performance.

Large busy sites, especially those using databases, usually require a dedicated solution due to resource usage. Our Dedicated Server 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, Smart Team 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 shared server environment. Smart Team suggest using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards. Busy sites with large forums and databases are not suited to a shared server environment.

• Background Running Processes
  Background daemons in general are prohibited on Smart Team servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

• Cron Jobs
  We allow customers to set up ctron 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 case, our technicians may disable the cron job.

• Mailing Lists
  We have a strict policy regarding uce/spam on our network, but we do allow use of mailing lists within the constraint of our spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Virtual Servers to no more than 1000 e-mails per day and 30 emails in 10 seconds.

• Exploitable Scripts
  Unfortunately, many commonly used scripts can be exploited to allow unauthorized users into our systems. Consequently we may on occasion need to ban and consequently disable these scripts. You can view the most current exploits on our banned-scripts page.

• Other

Other resource intensive scripts (depending on traffic) include but not limited to:

• adcycle

Other applications that are prohibited on our virtual servers included but are not limited to:

• offsite searech engines

Server speed and fairness to others. A virtual server is shared. As such, there are many accounts per machine. In all fairness, Smart Team cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients on the machine suffer because of it. Excessive usage by one or more clients causes extreme slowness in all areas: FTP, SSH, Web sites and more. If the CPU, disk I/O, and/or memory usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.

All accounts that are found to be using excessive amount of system services will receive an e-mail warning from Smart Team. This warning will inform you that the site is using excessive system resources. Smart Team will provide options for reducing the usage and/or upgrading your account. If the situation is severe, we may suspend the account or process immediately to bring performance of the server back to an acceptable level. 24 hours notice will be given if at all possible.

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software privacy, and patents held by individuals, corporations, or other entities. Also, engaging in activitiy that violates privacy, publicity, or other personal rights of others. Smart Team is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement4. It is also Smart Team policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Accessing illegally or without authorization to computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a percursor to an attempted system penetration (i.e. port scanning, stealth scan, or other information gathering activity).

Smart Team may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Smart Team at support@smartteam.net so that we can arrange set-up.

Smart Team does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Smart Team's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@smartteam.net to make special arrangements.

Multimedia files are defined as any graphics, audio, and video files. Smart Team Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files

Any database stored on Smart Team's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.