Please
read carefully these terms and conditions before sign up for our package. BY
SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS
OFFERED BY MalaysiaHoster.com INTERNET INC YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. THESE TERMS &CONDITIONS SUPERSEDE ALL EARLIER VERSIONS
AND REQUIRE MANDATORY ARBITATION OF DISPUTES. Please read carefully these terms
and conditions as they describe your legal rights and obligations. This
agreement shall become come effective as of the date of (1) your electronic
signature on or acceptance of this agreement, (2) the activation of your account
or (3) your receipt of an e-mail from MalaysiaHoster.com confirming your
order, whichever happens first. Failure to comply with these terms may result in
termination of your account with no refund at our sole discretion.
illegal Use
MalaysiaHoster.com
are not allowed any pirated software/File, hacker programs or archives, Warez
sites, MP3, Movie, Torrent Site. No Irc bot are allowed on the server. Sending
Junk Email from MalaysiaHoster are not allowed. Any intellectual property
rights (e.g. copyright, trademark, patent or other proprietary rights) of
MalaysiaHoster. Client agrees to use only properly licensed third party
software at MalaysiaHoster Server. If we caught such action, we will
terminate the account without any notice.
Bandwidth Abuse
Customer may not
participate in P2P networks such as bittorrent, kazaa, streaming video, public
proxy services, napster, IRC, gnutella, edonkey, instant message proxying,
http/https proxy, or any other public proxy protocol
Back Up
file
1) We provide daily
backup for our server at 5 P.M. we do the backup on secondly hard drive on the
same server. Restore back the file it make take more time for restore back all
the data.
2) Client agreed that they will do the backup frequently. Client is
responsible for making back-up files in connection with its use of the services,
MalaysiaHoster does not guarantee the existence, accuracy, or regularity of
its backup services. The quality and accuracy of the file back up from third
party software is not guaranteed by MalaysiaHoster.
3)Shared Hosting and semi dedicated server accounts that exceeding 5 Gigabytes
in Total storage space will automatically be removed from our backup system
Disclaimer
of Warranty
The services, the
MALAYSIAHOSTER,
without limitation, all products and services displayed or offered on the
MALAYSIAHOSTER
site, and all text, graphics, links and applications are provided to client on
an ‘as is?basis without warranty of any kind.
MALAYSIAHOSTER
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.
MALAYSIAHOSTER
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.
Limitation
of liability
In no event shall
MALAYSIAHOSTER
cumulative liability exceed an amount greater than Three Hundred Ringgit
(RM300). In no event shall
MALAYSIAHOSTER
be liable for damages resulting from loss of data, profits, use of the
MALAYSIAHOSTER
site or any
MALAYSIAHOSTER
products or services, or for any incidental, punitive, indirect, or
consequential damages in connection with this agreement or on connection with
any products or services provided by
MALAYSIAHOSTER.
Client agreed that during
Refund
Item
7
Day(s) Money Back Guarantee for webhosting package (terms and condition applied)
no extra fee needed. Refund does not include any software such as control panel
or items bundled together with the server. Refunds are not given for downtime
caused by customer actions or 3rd party software. Client agreed that Egold
payment will only Refund 60%. Once Client chooses to register a domain name(s)
through Setup fee for dedicated servers are not
refundable and USD60 will be charged for restocking fee. As for promotion
package, we will only refund 50% (domain name not refundable). Refund decisions
made by MalaysiaHoster are final.
Domain Name
MalaysiaHoster,
Client aggress and acknowledges that they will pay a registration fee(s) to
register the domain name(s) with the applicable domain name registrar.
MalaysiaHoster
will not refund for domain name registrations for any reason, including such as
misspelling of the domain name. Client agreed that
MalaysiaHoster
will not
responsible of the domain name was booked by other third party even though the
payment was made to
MalaysiaHoster. MalaysiaHoster
Will not responsible any late
payment or any reason from client which is cause the domain name drop, the
client agreed that will be make the payment by themselves before the domain name expired.
Client agreed that to contact
MalaysiaHoster
if the domain name is/are not renew,
MalaysiaHoster
will not responsible if the domain name drop if the
customer do not contact the
MalaysiaHoster
for renewal issue.
Dedicated Server and Co-location
Client Agreed that they will not host any
illegal file on server and doing streaming on it. All the license they installed
are original. The payment must be made 5 (five) days before expire day.
Fraud
We
take serious action on fraud account especially Paypal and Credit Card. For
Paypal account only verified buyer are accepted.
Security
Participation in denial of service attacks from MalaysiaHoster' server is
strictly PROHIBITED. Client agreed that when they are using free source software
they need to keep update to the latest version, once they get hacked
MalaysiaHoster
will not responsible of it.
Service
Cancellation Policy
if at any point of time you plan to cancel your service, you should inform
MalaysiaHoster.com at least 5 days in advance about the same, you can inform
by submitting a ticket for the billing department at our member page,
http://member.malaysiahoster.com
Server
Resource
If there is an web site or process that uses a high amount of
Use over
10% of system resources, including but not limited to memory, cpu, disk,
network, and bandwidth capacity, for longer than 90 seconds in any consecutive 6
hour period. the account will automatically suspend by system. We will give the
notification later and will be given the option to either pay additional fees,
reduce the resources used to an acceptable level, or upgrade its service to a
Dedicated Server plan. For the first time we will suspend the account for 1 day,
if the client still does not fix their script then we will suspend again for 3
days. The next suspend will be 1 month and so on.
Unlimited Hosting
Malaysiahoster HAVE entered into a Reseller Master Agreement effective
from April 13, 2006 of which this "Web Services Product Agreement Extension" is
a part.
WHEREAS, Parent provides web and email hosting services;
WHEREAS, the Reseller intends to provide through Parent, web and email hosting
services;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and
covenants contained herein and for other good and valuable consideration, the
receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and
the Reseller, intending to be legally bound, hereby agree as follows:
1. Election
(1) Reseller hereby elects and agrees to begin providing web hosting services
through Parent. Each Order that represents either a web hosting service and/or
an email hosting service shall be referred to as a "Hosting Order"
(2) Parent hereby accepts Reseller's election to begin providing web hosting
services through Parent.
2. Rights of Parent While certain attributes of a Hosting Order may consist of
unlimited resources, Reseller recognises that a Hosting Order is a shared
hosting service, and that the Parent has the right in its sole discretion to
apply any hard limits on any specific attribute or resource on a Hosting Order
at any given time without notice in order to prevent degradation of its
services, or in case of any breach or violation or threatened breach or
violation of this Agreement, or in case Parent learns of a possibility of breach
or violation of this Agreement which Parent in its sole discretion determines to
be appropriate, or to protect the integrity and stability of the Parent Products
and the OrderBox, or to avoid any liability, civil or criminal, on the part of
Parent and/or Service Providers, or for any other appropriate reason. The
Reseller agrees that Parent and Service Providers, and the contractors,
employees, directors, officers, representatives, agents and affiliates, of
Parent and Service Providers, are not liable for loss or damages that may result
from any of the above.
3. Terms of Usage Reseller, or its contractors, employees, directors, officers,
representatives, agents and affiliates and OrderBox Users, shall not use or
permit use, either directly or indirectly, or through its customers, of any
Hosting Order, in violation of this Agreement, and for any of the activities
described below -
(a) As a backup/storage device
(b) For any unacceptable or inappropriate material as determined by Parent in
its sole discretion, including but not limited to Topsites, IRC Scripts/Bots,
Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts
(similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners,
Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad
services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to
rapidshare), Commercial Audio Streaming (more than one or two streams),
Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites,
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi,
MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of
appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs,
Hateful/Racist/Harassment oriented sites, Hacker focused
sites/archives/programs, Sites promoting illegal activities, Forums and/or
websites that distribute or link to warez/pirated/illegal content, Bank
Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not
limited to sites listed at
aa419.org &
escrow-fraud.com), Mailer Pro
(c) Use over 10% of system resources, including but not limited to memory, cpu,
disk, network, and bandwidth capacity, for longer than 90 seconds in any
consecutive 6 hour period.
(d) Execute long-running, stand-alone, unattended server-side processes, bots or
daemons
(e) Run any type of web spiders or indexers
(f) Run any software that interfaces with an IRC (Internet Relay Chat) network
(g) Run, host, or store any P2P client, tracker, software, server, files,
content or application, including bittorrent
(h) Participate in any P2P or file-sharing networks
(e) Run any gaming servers
(j) Run cron entries with intervals of less than 15 minutes
(k) Store over 100,000 files
(l) Constantly create and delete large numbers of files on a regular basis, or
cause file system damage
(m) Use excessive resources which in the Parent's sole discretion result in
damage or degradation to the performance, usage, or experience of OrderBox,
other users, other orders, and any of Parent's services
(n) Store a large number of media files (audio, video, etc.), wherein the limit
is at Parent's sole discretion
Actions Taken by MalaysiaHoster.com
If the customer do not follow the following rules that are provided by
MalaysiaHoster, MalaysiaHoster.com reserves the right to remove any account
or suspend the account without any priority notice |
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