| 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.
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| 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.
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| 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.
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| 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. |
| 16. |
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. |
| 17. |
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. |
| 18. |
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. |
| 19. |
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.
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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 or email to abuse@hostinghk.com
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