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This Services Agreement
(the "Agreement") contains the complete terms
and conditions which govern your subscription of Web
hosting, e-Commerce and other Internet-related services
provided by Web Hosting Malaysia, (the "Services").
As used in this Agreement, "Web Hosting Malaysia"
means Web Hosting Malaysia, and "Client",
"you", or "your" means you. By clicking
on the "Order" button, you acknowledge that
you have read the Agreement, and you agree to its terms
and conditions and all policies posted on the WebHostingMalaysia.com
site. As referred to in this Agreement, "Site"
refers to a World Wide Web site and "Web Hosting
Malaysia Site" refers to the Site located at the
URL http://www.WebHostingMalaysia.com, or any other
successor Sites owned or maintained by Web Hosting Malaysia.com
.
1. APPROPRIATE
USE OF THE SERVICES.
Web Hosting Malaysia
provides the Services exclusively and makes no effort
to edit, control, monitor or restrict the content of
data other than as necessary to provide such Services.
Client Content.
Client agrees that it
will not distribute, electronically transmit or display
any materials supplied by Client - or through Client
by a third party - to any Web Hosting Malaysia.com server
in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g.,
copyright, trademark, patent or other proprietary rights)
of Web Hosting Malaysia or any third party; are defamatory,
slanderous or trade libellous; are threatening or harassing;
are discriminatory based on gender, race, age or promotes
hate violate any WebHostingMalaysia.com policy posted
on the WebHostingMalaysia.com Site. You agree that you
will not send malicious e-mails which contain viruses
or other computer programming defects which result in
damage to WebHostingMalaysia.com or any third party.
Bandwidth:
Client may occupy only
the amount of disk space on the Web Hosting Malaysia
Server and utilize no more than the network bandwidth
that is allotted by Web Hosting Malaysia. Additional
fees, specified in the Virtual Host plans page, will
be charged for exceeding the disk space and/or network
bandwidth allowance of your selected plan.
No "SPAM":
Client shall not use
the Services for chain letters, junk mail, spamming,
or any use of distribution lists to any person who has
not given specific permission to be included in such
a process. Client also shall not engage in any unsolicited
email practices at Web Hosting Malaysia, or otherwise,
that mentions or reference any domain hosted on Web
Hosting Malaysia servers or parked on Web Hosting Malaysia
DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER
ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED
SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND
PARKED DOMAINS HOSTED ON THE SERVER. (Violators will
be fined! We reserve the right to fine violators US$500
per incident of spamming abuse.)
Licensed Software
Only:
Client agrees to use
only properly licensed third party software in connection
with Client's use of the Services.
Back-Up Files:
Client will have the
ability to reinstate files which are automatically archived
by Web Hosting Malaysia; however, Web Hosting Malaysia
does not guarantee the existence, accuracy, or regularity
of its backup services and, therefore, Client is responsible
for making back-up files in connection with its use
of the Services. Backup capability is available through
the Client’s Control Panel.
Termination:
Web Hosting Malaysia
reserves the right to refuse service to anyone. Web
Hosting Malaysia, in its sole discretion, may immediately
terminate this Agreement if Client is in breach of the
terms and conditions hereof. To report any unacceptable
behavior by a third party using the Services, please
contact info@WebHostingMalaysia.com.
2. Payment Obligations
And Service Fees.
Payment is due upon activation
of the applicable services and charged on an annual
basis. Web Hosting Malaysia shall either (i) debit Client's
credit card (where such information is provided by Client)
or (ii) deliver by e-mail an invoice to Client in accordance
with the applicable Services fees for services rendered.
Where an invoice is delivered to Client, Client shall
remit payment to Web Hosting Malaysia.com by no later
than 10 days after the specified payment due date. Web
Hosting Malaysia.com shall be entitled to immediately
terminate this Agreement for Client's failure to make
timely payments to Web Hosting Malaysia.com. Certain
services carry a set-up fee charged by Web Hosting Malaysia.com
to Client that must be paid by Client in order to have
use of the Services. If Client terminates this Agreement
in accordance with Section 4 hereunder, Client shall
be responsible for any outstanding fees owed to Web
Hosting Malaysia.com and agrees to pay any and all fees
incurred by Client. Because the Services are provided
on a yearly basis, Client will be responsible for Service
fees incurred each year regardless of when Client
provides notice of termination. Thus, if Client provides
notice to terminate before expiration of one (1) year
term, Client will still owe fees for the entire year and
such fees will not be pro-rated or refunded.
Domain Names.
If Client chooses to
register a domain name(s) through Web Hosting Malaysia,
Client acknowledges and agrees that Client will pay
a registration fee(s) to register the domain name(s)
with the applicable domain name registrar. WebHostingMalaysia.com
does not offer refunds for domain name registrations
for any reason, including misspelling of the domain
name.
3. CLIENT LIABILITY
AND INDEMNIFICATION
The parties agree that
in no event shall Web Hosting Malaysia be liable to
any third party for Client's breach or alleged breach
of any of the terms and conditions set forth in this
Agreement. Client agrees to defend, indemnify and hold
harmless Web Hosting Malaysia from any and all expenses,
losses, liabilities, damages or third party claims resulting
from Client's breach or alleged breach of any Client
obligations set forth hereunder.
4. TERM, TERMINATION
& REINSTATEMENT
Subject to the terms
and conditions hereof, this Agreement shall be effective
on the date you register for the Services, and shall
continue in effect on a year-to-year basis unless otherwise
specified by separate agreement (the "Term")
unless terminated earlier pursuant to the provisions
of this Section 4. Either party will have the right
to terminate this Agreement upon notice to the other
party. If Client is terminating this Agreement, Client
must follow instructions for cancellation provided on
the Server Cancellation Information page. All cancellation
requests must be received by the end of the respective
month of cancellation. Any other attempt by Client to
cancel this Agreement by written or e-mail notice shall
be void. Sections 3 - 8 shall survive termination or
expiration of this Agreement. If Client terminates its
account, Client shall be allowed to re-instate Client's
use of the Services within Seven (7) business days of
cancellation. Client shall pay a fee of Fifty Dollars
($50) prior to any re-instatement of Client's account.
Once payment has been received, Client's account will
be activated within Forty-Eight (48) business hours.
Web Hosting Malaysia will maintain an archival copy
of Client's Web site for Seven (7) days after Web Hosting
Malaysia.com receives notice of cancellation. Thereafter,
Client will need to place a new order if it wishes to
subscribe to the Services.
5. TAXES
Client will pay and indemnify
and hold Web Hosting Malaysia harmless from any and
all taxes associated with or arising from Client's use
of the Services, including any penalties and interest
and any costs associated with the collection or withholding
thereof.
6. DISCLAIMER OF
WARRANTY
THE SERVICES, THE Web
Hosting Malaysia SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE
Web Hosting Malaysia SITE, AND ALL TEXT, GRAPHICS, LINKS
AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. WebHostingMalaysia.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Web
Hosting Malaysia SPECIFICALLY DISCLAIMS ANY WARRANTY
THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
(2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES
OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS
EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF
LIABILITY
IN NO EVENT SHALL Web
Hosting Malaysia BE LIABLE FOR DAMAGES RESULTING FROM
LOSS OF DATA, PROFITS, USE OF THE Web Hosting Malaysia
SITE OR ANY Web Hosting Malaysia PRODUCTS OR SERVICES,
OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN
NO EVENT SHALL Web Hosting Malaysia CUMULATIVE LIABILITY
EXCEED AN AMOUNT GREATER THAN US$ ONE HUNDRED DOLLARS
(US$100).
8. MISCELLANEOUS
Notices. Any notices
or communication under this Agreement shall be in writing
and shall be deemed delivered to the party receiving
such communication at the address specified below (1)
on the delivery date if delivered personally to the
party, or a representative of the party; (2) one business
day after deposit with a commercial overnight carrier,
with written verification of receipt; (3) five business
days after the mailing date, whether or not received,
if sent by postal mail, return receipt requested; (4)
on the delivery date if transmitted by confirmed facsimile.
WebHostingMalaysia.com A
Company of eOneNet.com Suite 11.06, Level 11, MCB
Plaza, 6 Changkat Raja Chulan, 50200 Kuala Lumpur,
MALAYSIA. Fax : 603 - 2713 1760
If to Client: Name and
address provided for account setup. If any of the provisions,
or portions thereof, of this Agreement are found to
be invalid under any applicable statute or rule of law,
then, that provision notwithstanding, this Agreement
shall remain in full force and effect and such provision
or portion thereof shall be deemed omitted. This Agreement
(including the Exhibits, attachments and/or addenda,
if any,) represents the entire agreement of the parties
with respect of the subject matter hereof and supersedes
all prior and/or contemporaneous agreements or understandings,
written or oral between the parties with respect to
the subject matter hereof. This Agreement and the rights
granted and obligations undertaken hereunder may not
be transferred, assigned or delegated in any manner
by Client, but may be so transferred, assigned or delegated
by Web Hosting Malaysia. Any waiver or any provision
of this Agreement, or a delay by any party in the enforcement
of any right hereunder, shall neither be construed as
a continuing waiver nor create an expectation of non-enforcement
of that or any other provision or right. In any legal
proceeding between the parties under this Agreement,
the prevailing party shall be entitled to recover its
costs, expenses and reasonable attorneys' fees. This
Agreement is made under and shall be governed by the
laws of the Malaysia, except with regard to it’s conflict
of law rules. This Agreement and Web Hosting Malaysia’s
policies are subject to change by Web Hosting Malaysia
without notice. Continued usage of the Services after
a change to this Agreement by Web Hosting Malaysia or
after a new policy is implemented and posted on the
Web Hosting Malaysia Site constitutes your acceptance
of such change or policy. We encourage you to regularly
check the Web Hosting Malaysia Site for any changes
or additions. We reserve the right to make changes to
the aforementioned terms at any time.
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