Terms of Use

General Terms of Use Nov 1, 2017

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THEM CAREFULLY.


By accessing or using any websites or Apps or API provided by us for example but not limited to httpss://apasia.tech/,  wss://bitshares.apasia.tech/ , or any other sub-domain or affiliate sites provided by apasia.tech (collectively, the “Services”), you (the “User” or collectively “Users” if using the platform with others) agree to be bound by these Terms of Use (“Terms”). We refer to this agreement, and our privacy policy or any other terms, rules or guidelines on our websites collectively as our “Legal Terms”. If you do not agree to be bound by these terms, do not access or use our website or services.

Violation of Terms of Use may result in suspension or termination of your service. In the event of a dispute between you and APAsiaTech regarding the interpretation of the Terms, APAsiaTech’s interpretation, in its reasonable commercial judgment, shall govern.

If you have any questions regarding these Terms of Use you may lodge them via the standard support ticket channel.

1 Offensive Content

You may not publish or transmit via APAsia.Tech’s service any content that APAsia.Tech reasonably believes:

i)     is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

ii)    is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

iii)   is defamatory or violates a person’s privacy;

iv)   creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;

v)    improperly exposes trade secrets or other confidential or proprietary information of another person;

vi)   is intended to assist others in defeating technical copyright protections;

vii)  clearly infringes on another person’s trade or service mark, patent, or other property rights;

viii) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms, drugs or people trafficking;

ix)   constitutes child pornography;

x)    constitutes pornography;

xi)   is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to APAsia.Tech; or

xii)  is otherwise malicious, fraudulent, or may result in retaliation against APAsia.Tech by offended viewers;

2 Vexation & Harassment

Any form of harassment, malice, abuse, cursing, threats, or ill will directed towards APAsia.Tech employees, authorized agents, or subsidiaries shall not be tolerated. The Customer agrees to conduct themselves in a professional manner regardless of the method of communication with APAsia.Tech. Should the Customer be found in violation of this clause, APAsia.Tech reserves the right to suspend or terminate services with or without prior notice and without liability.

3 Resource Usage

Under these Terms of Use APAsia.Tech Customers may not initiate the following practices. APAsia.Tech reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability. APAsia.Tech reserves the right to determine and modify what constitutes resource abuse, and to take appropriate action if these terms are violated.

 

Unless explicitly arranged otherwise, the user may not perform any of the following:

i)     Use 25% or more of system CPU resources for longer then 90 seconds. There are various processes and activities which can cause this; these include but are not limited to: Perl Scripts, CGI, PHP, Python, HTTP, etc.

ii)    Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero, and Folding@home

iii)   Run any software that interfaces with an IRC (Internet Relay Chat) network;

iv)   Run any file sharing, bit torrent or other P2P network services, client or server software;

v)    Run any kind of crypto-currency mining software or programs;

vi)   Run any gaming servers such as Battlefield 3, Minecraft, Counter-Strike, etc;

4 Network Abuse

APAsia.Tech Terms of Use do not allow, condone or authorize any forms of Network Abuse including but not limited to Denial of Service attacks, Phishing attempts, port scans, SYN Floods etc.

 

APAsia.Tech reserves full right to determine what constitutes Network Abuse and take the appropriate action against the Customer with or without prior notification and without liability under these Terms of Use.

 

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

 

i)     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 APAsia.Tech and its customers) without express authorization of the owner of the system or network;

ii)    Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

iii)   Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

iv)    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;

v)     Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;

vi)    Any conduct that is likely to result in retaliation against the APAsia.Tech network.

vii)   Use of APAsia.Tech’s network in a way that unreasonably interferes with APAsia.Tech’s other customers use of the network.

5 IP Addresses

All IP Address allocations must be justified based upon this policy. APAsia.Tech reserves the right to request verification at any time for assigned IP addresses at which time under APAsia.Tech’s discretion IP assignments may be revoked.

APAsia.Tech assigns IP addresses to clients based on the guidelines of ARIN: httpss://www.arin.net/policy/nrpm.html

6 Unaccepted Materials

APAsia.Tech does not accept material such as:

Proxy, VPN, Torrents, Tor, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites or services.

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

* APAsia.Tech can terminate service for any of the above reasons and at it’s sole discretion whether to issue a refund.

7 Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

8 Bulk Commercial E-Mail

Any kind of bulk emailing is strictly prohibited with shared or reseller hosting. With VPS, Hybrid or Dedicated hosting you must obtain APAsia.Tech’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 APAsia.Tech’s reasonable satisfaction:

i)     All Bulk Emailing must be limited to send no more than 60 emails per minute.

ii)    Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

iii)   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;

iv)   You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and APAsia.Tech’s requests to produce consent evidence within 72 hours of receipt of the request.

v)     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 within 72 hours;

vi)   You must have a Privacy Policy posted for each domain associated with the mailing;

vii)  You have the means to track anonymous complaints;

viii) 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.

ix)   These policies apply to messages sent using your APAsia.Tech 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 APAsia.Tech service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

 

APAsia.Tech 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.

9 Unsolicited E-Mail

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 APAsia.Tech services.

10 Material Protected by Copyright

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

i)     You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

ii)    You are otherwise permitted by established United States copyright law to copy the work in that manner.

iii)   APAsiaTech will terminate the service of Customers with repeated copyright infringements.

11 Copyright Infringement Notice (Digital Millennium Copyright Act)

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

Copyright Agent

c/o AP Asia Tech Co., Ltd.

14/11 Floraville 2, Pattanakarn soi 51,

Pattanakarn Road, Suan Luang, Bangkok Thailand 10250

Email: support@APAsia.Tech

12 Your notice must include the following:

i)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii)    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;

iii)   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 APAsia.tech to locate the material;

iv)    Information reasonably sufficient to permit APAsia.tech to contact you, such as an address, telephone number, and, if available, an e-mail address;

v)     A statement that you have a good faith belief that use of the material in the manner complained of is authorized by the copyright owner, neither the copyright owner’s agent, or the law;

vi)    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

13 Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or another forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages or mass postings to multiple forums.

14 Abuse Tickets

APAsia.Tech standard policy is to contact The Customer during which a violation of the Terms of Use has occurred, however, APAsia.Tech does reserve the right to suspend or terminate an account with or without notice at its own discretion under these Terms of Use. The Customer agrees to maintain up to date primary contact email information with APAsia.Tech. The violation shall be listed in the Subject of the email sent from our legal department (legal@APAsia.Tech). The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to The Customer, APAsia.Tech will consider that The Customer has been notified. APAsia.Tech reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken.

For example: A violation containing a “Phishing” site is lodged against the customer, the offending files will be immediately disabled and the customer will be given 24 hours to clean and secure the site. If after 24 hours The Customer has not replied confirming they have taken action, further action may be taken such as suspending the individual site and/or suspending the entire VPS or Dedicated Server as a violation of these Terms of Use has occured.

For example: A violation of Terms of Use resulting in a “Spam” complaint. We shall investigate the complaint to determine how the spam is being sent. We shall provide the best effort analysis to locate the source of the spam. If for example it is being sent from a script, we shall attempt to disable that script and notify The Customer. If it is being sent from an individual account, if possible, we will attempt to disable password access to that account. We shall then notify the customer giving them 24 hours to investigate the complaint and provide a resolution to the abuse complaint. Should we be unable to isolate and/or disable the source of the “Spam” we may place an SMTP filter against The Customer’s service to prevent additional emails from being sent out until at which time a resolution to the issue is made. If after 24 hours no response has been received from the customer, additional steps may be taken to ensure the “Spam” has been stopped such as system-wide SMTP filters, suspension of individual sites, disabling password access to certain accounts, disabling of scripts or as a final step suspension of all services.

For example: A violation of the Terms of Use resulting from “Resource Abuse”. We shall investigate the resource abuse and provide the Customer with the best effort analysis of the problem causing the resource abuse. At which time the Customer will be given a time frame to make the corrections to their code, scripts, MySQL queries or software services running. If the issue is not corrected within the time frame given, APAsia.Tech will then take further steps to ensure the stability of the network and servers and may take actions including but not limited to disabling plugins, themes, accounts, scripts, services and in reserves the right to issue a full service suspension depending on the severity of the issue based upon APAsia.Tech’s judgment of the scenario.

None of the above examples are meant to be specific guidelines with regards to how each and every case may be handled. APAsia.Tech reserves full rights to use its judgment and discretion in how each individual case is handled.

15 Concerning Investments

Nothing contained in this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained in this website constitutes a promotion, recommendation, solicitation or offer to buy or sell any securities, collective investment schemes, BitShares assets, crypto-currencies, futures, options or other financial instruments or services, nor shall any such security, collective investment scheme, BitShares assets, crypto-currency’s, futures, options or other financial instruments or services be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction.

THE SOFTWARE INCLUDING WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Links to other websites may establish links between this Website and one or more websites operated by third parties. APAsia.Tech has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty byAPAsia.Tech regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk.APAsia.Tech disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.

16 Information on file

In accordance to these Terms of Use you must have valid and current information on file with your domain name registrar for any domain hosted on the APAsia.Tech network.

17 Disclaimer

APAsia.tech is under no duty, and does not by these Terms of Use undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the APAsia.tech network.

These Terms of Use are subject to update at any time, you must check on our website for any revisions.

Inquiries regarding this policy can be lodged directly to support, with the subject ‘legal terms inquiry’.