is an agreement between you and HostingHK.com regarding
your use of HostingHK's computer, interactive information,
communication and server management service. This Agreement
governs the terms and conditions under which HostingHK makes
the services offered by HostingHK available to individual
consumers through a personal computer or similar access,
or to individual consumers or small businesses in connection
with the " HostingHK " web hosting or similar services.
Under this Agreement, you must comply with HostingHK 's
then current "Acceptable Use Policy," as updated from time
to time by HostingHK.
will host an account for you, the purchaser (hereafter referred
to as the Account Holder), for the Account Holder's chosen
domain name, for the period of time (the Term) corresponding
with the payment plan chosen by the Account Holder. This
contract will be automatically renewed at the end of the
Term and each successive renewal term, unless terminated.
We require notification of non-renewal by fax or postal
mail with a minimum of 30 days notice prior to your renewal
date. Phone or e-mail notification is not acceptable. If
you do not provide this notice, your account will be renewed.
There are no refunds on a la carte services, dedicated servers
or server collocation.
services are provided on an as is, as available basis without
warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness
for a particular purpose or non-infringement. HostingHK
expressly disclaims any representation or warranty that
the HostingHK services will be error-free, secure or uninterrupted.
No oral advice or written information given by HostingHK,
its employees, licensors of the like, will create a warranty;
nor may you rely on any such information or advice. The
terms of this Section will survive any termination of this
Virtual Web Server Internet account and/or related electronic
services can only be used for legal purposes under all applicable
international, federal, provincial, and municipal laws.
Further, the Account Holder agrees not to store, transmit,
link to, advertise or make available any images containing
pornography. Violations of these or any other provisions
of this Agreement may result in termination of the services
provided by HostingHK, with or without the grant of a notice
or cure period, such notice or cure period to be granted
at the sole discretion of HostingHK based upon the severity
of the violation. HostingHK reserves the right to refuse
service if any of the content within, or any links from,
the Account Holder's website is deemed illegal, misleading,
or obscene, or is otherwise in breach of HostingHK's then
current Acceptable Use Policy, in the sole and absolute
opinion of HostingHK. Notwithstanding anything in this Agreement,
the content of the Account Holder's website is the sole
responsibility of the Account Holder. The Account Holder
agrees to indemnify and hold harmless HostingHK from any
and all claims, losses, damages, liabilities, judgments,
or settlements, including reasonable attorney's fees, costs,
and other expenses incurred by HostingHK, (collectively,
Claims) related to or in connection with the content of
the Account Holder's website. The terms of this Section
will survive any termination of this Agreement.
reserves the right to change, at any time, the prices charged
to the Account Holder for the services provided by HostingHK
Account Holder agrees to follow generally accepted rules
of "Netiquette" when sending e-mail messages or posting
to newsgroups. Account Holder is responsible for security
of its password. HostingHK will not change passwords to
any account without proof of identification, which is satisfactory
to HostingHK, which may include written authorization with
signature. In the event of any partnership break-up, divorce
or other legal problems that includes Account Holder, Account
Holder understands that HostingHK will remain neutral and
may put the account on hold until the situation has been
resolved. Under no circumstances will HostingHK be liable
for any losses incurred by Account Holder during this time
of determination of ownership, or otherwise. The Account
Holder agrees to indemnify and hold harmless HostingHK from
any and all Claims arising from such ownership disputes.
The terms of this Section will survive any termination of
Account Holder agrees not to harm HostingHK, its reputation,
computer systems, programming and/or other persons using
HostingHK's services. HostingHK reserves the right to select
the server for Account Holder's website for best performance.
The Account Holder understands that the services provided
by HostingHK are provided on a shared server. This means
that one website cannot be permitted to overwhelm the server
with heavy CPU usage, for example from the use of highly
active CGI scripts or chat scripts. If the Account Holder's
website overwhelms the server and causes complaints from
other users, the Account Holder has outgrown the realm of
shared servers, and will need to relocate it's website.
HostingHK will not refund any unused portion of prepaid
services. If the Account Holder refuses to comply with this
Section, then HostingHK has the right to terminate the services
provided to the Account Holder without any refunds of the
unused portion prepaid by the Account Holder. The Account
Holder agrees to indemnify and hold harmless HostingHK and
any other Account Holder from any and all Claims resulting
from the Account Holder's use of the services provided by
HostingHK The terms of this Section will survive any termination
of this Agreement.
Account Holder's rights and privileges under this Agreement
cannot be sold or transferred without the prior written
consent of HostingHK.
the Account Holder sells or resells advertising or web space
to a third party then the Account Holder will be responsible
for the contents of that advertising and the actions of
that third party. HostingHK has the absolute right to reject
any advertising or other third party content that is illegal,
offensive or otherwise in breach of the then current HostingHK
Acceptable Use Policy. The e-mail distribution by the Account
Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL
E-MAIL", is expressly prohibited. If the Account Holder
refuses to remove any advertising or other third party content
deemed objectionable by HostingHK, HostingHK may terminate
the services being provided to the Account Holder.
will use its best efforts to maintain a full time Internet
presence for the Account Holder. The Account Holder hereby
acknowledges that the network may, at various time intervals,
be down due, but not restricted to, utility interruption,
equipment failure, natural disaster, acts of God, or human
error. In no event shall HostingHK be liable to the Account
Holder for any damages resulting from or related to any
failure or delay of HostingHK in providing access to the
Internet under this Agreement. In no event shall HostingHK
be liable to the Account Holder for any indirect, special
or consequential damages or lost profits arising out of
or related to this Agreement or the performance or breach
thereof. The aggregate, total liability of HostingHK under
this Agreement, if any, shall in no event or circumstance
exceed the total amount actually paid by the Account Holder
hereunder. The terms of this Section will survive any termination
of this Agreement.
has entered into various agreements with our network providers
to provide the networking infrastructure (including but
not limited to the topology and all the configurations)
for distributing the account holder's website. HostingHK
does not guarantee the performance and service quality of
the network providers.
may carry out system maintenance repairs and/or upgrades
to the Website and/or the System and/or alterations to the
Network. Accordingly, it may be necessary for us to suspend
the operation of the Website from time to time.
Agreement applies to all accounts, sub-accounts, and alternative
account names associated with your principal account. The
Account Holder is responsible for the use of each account,
whether used under any name or by any person, and for ensuring
full compliance with this Agreement by all users of that
account. A HostingHK account may not be transferred without
prior written approval from HostingHK. The Account Holder
is responsible for maintaining the confidentiality of his/her
password. In the event of a breach of security through the
Account Holder's account, the Account Holder will be liable
for any unauthorized use of the HostingHK services, including
any damages resulting therefrom, until the Account Holder
notifies HostingHK's customer service.
Agreement constitutes the entire agreement between the Account
Holder and HostingHK with respect to the HostingHK services
and supersedes all prior agreements between the Account
Holder and HostingHK. HostingHK's failure to enforce any
provision of this Agreement shall not be construed as a
waiver of any provision or right. In the event that a portion
of this Agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable
law as nearly as possible to reflect the original intentions
of the parties, and the remainder of the provisions will
remain in full force and effect. The terms of this Section
will survive any termination of this Agreement.
parties shall attempt to resolve all disputes arising out
of this Agreement in a spirit of cooperation and with a
problem-solving mindset, without formal proceedings. Any
dispute, which cannot be so resolved, shall be subject to
binding arbitration upon the written demand of either party.
Arbitration shall take place in Hong Kong. Should any legal
action permissible under this Agreement be instituted to
enforce the terms and conditions of this Agreement, in particular
the right to collect money due on unpaid invoices, the prevailing
party shall be entitled to recover reasonable attorney's
fees and expenses incurred at both the trial and appellate
levels. The terms of this Section will survive any termination
of this Agreement.
Account Holder agrees to indemnify and hold HostingHK harmless
from any and all Claims resulting from or connected with any
activities conducted by the Account Holder. The Account Holder
and HostingHK will promptly notify the other upon receipt
of any Claim or legal action arising out of activities conducted
pursuant to this Agreement. The rights and responsibilities
established in this paragraph will survive any termination
of this Agreement.
may include the Account Holder's name and URL in web site
of HostingHK for the purpose of promoting the use of the
services by additional potential clients. However, HostingHK
is not authorized to print the Account Holder's name, trademarks
or other identifying information in any other advertising
or promotional materials without the prior written consent
of the Account Holder.
interpretation and enforcement of this Agreement shall be
governed according the laws of Special Administrative Region
of the People's Republic of China. The Account Holder hereby
consents to personal jurisdiction in the courts of Hong
Kong for any action arising out of or relating to the Account
Holder's use of the HostingHK services. The courts of Hong
Kong will have exclusive jurisdiction over all such actions.
In any such action, the prevailing party will be entitled
to recover all legal expenses incurred in connection with
the action, including but not limited to its costs, both
taxable and non-taxable, and reasonable attorney's fees.
The terms of this Section will survive any termination of
required by this Agreement shall be in writing and shall
be delivered either by personal delivery or by mail. If
delivered by mail, notices shall be sent by any express
mail service; or by certified or registered mail, return
receipt requested; with all postage and charges prepaid.
-- Acceptable Use Policy (AUP)
using our web hosting services, you agree to comply with our
policies. You are expected to use the Internet with respect,
courtesy, and responsibility, giving due regard to the rights
of other Internet users. We expect you to have a basic knowledge
of how the Internet functions, the types of uses which are
generally acceptable, and the types of uses which are to be
avoided. Common sense is the best guide as to what is considered
acceptable use. The following are unacceptable uses:
in any form, including but not limited to activities such
as unauthorized distribution or copying of copyrighted software,
harassment, fraud, trafficking in obscene material, drug dealing,
and other illegal activities.
provisions of this Policy are intended as guidelines and are
not meant to be exhaustive. Generally, conduct that violates
law, regulation, or the accepted norms of the Internet community,
whether or not expressly mentioned in this Policy, is prohibited.
HostingHK reserves the right at all times to prohibit activities
that damage its commercial reputation and goodwill.
servers may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any
applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used without
proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control
laws. Examples of non-acceptable content or links: "Pirated
software", "Hackers programs or archives", "Warez Sites",
"Irc Bots", "Mp3".
will be the sole arbiters as to what constitutes a violation
of this provision.
and Network Security
of system or network security are prohibited, and may result
in criminal and civil liability. Examples include, but are
not limited to the following: unauthorized access, use, probe,
or scan of a systems security or authentication measures,
data or traffic. Interference with service to any user, host
or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header
information in an e-mail or a newsgroup posting.
is a violation for anyone who, including but not limited to,
employs posts or programs which consume excessive CPU time
or storage space, permits the use of mail services, mail forwarding
capabilities, POP accounts, or auto responders other than
for their own account; or resale of access to CGI scripts
installed on our servers.
one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting
emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is
expressly prohibited. A user shall not use another site's
mail server to relay mail without the express permission of
is contrary to HostingHK's policy for customers to use our
servers to affect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing
list or other similar group or list articles which are off-topic
according to the charter or other owner-published FAQ or description
of the group or list; To send unsolicited mass e-mailings,
if such unsolicited e-mailings provoke complaints from the
recipients; To engage in any of the foregoing activities using
the service of another provider, but channeling such activities
through a HostingHK provided server, or using a HostingHK
provided server as a maildrop for responses; To falsify user
information provided to HostingHK or to other users of the
service in connection with use of a HostingHK service. Consequences
HostingHK becomes aware of an alleged violation of its Acceptable
Use Policy, HostingHK will initiate an investigation. During
the investigation HostingHK may restrict Customer 's access
in order to prevent further possible unauthorized activity.
Depending on the severity of the violation, HostingHK may,
at its sole discretion, restrict, suspend, or terminate Customer's
account and/or pursue other civil remedies. If such violation
is a criminal offense, HostingHK will notify the appropriate
law enforcement department of such violation.
does not issue service credits for any outages incurred through
service disablement resulting from Policy violations.
reserves the right to add, delete, or modify any provision
of this Policy at any time without notice.
party seeking to report any violations of HostingHK's policy
may contact us at (852) 2543 8388.