Customer Services Agreement

1. This 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.
2. 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.
3. HostingHK's 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 Agreement.
4. The 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.
5. HostingHK reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by HostingHK
6. The 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 this Agreement.
7. The 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.
8. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of HostingHK.
9. If 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.
10. HostingHK 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.
11. HostingHK 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.
12. HostingHK 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.
13. This 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.
14. This 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.
15. The 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.
The 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.
16. HostingHK 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.
17. The 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 this Agreement.
18. Notices 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.

Appendix -- Acceptable Use Policy (AUP)

By 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:

Illegality 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.

Interpretation

The 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.

Illegal Use

HostingHK 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".

We will be the sole arbiters as to what constitutes a violation of this provision.

System and Network Security

Violations 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.

It 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.

Tortious Conduct

No 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.

Spamming

Sending 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 the site.

It 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 of Violation

When 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.

HostingHK does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Modification

HostingHK reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

Any party seeking to report any violations of HostingHK's policy may contact us at (852) 2543 8388.