The following
agreement is between Acme Commerce Sdn Bhd ("ACSB") and
You ("client").
WHEREAS, ACSB is an information provider connected to
the Internet. ACSB offers web hosting and email server
hosting services over the Internet through access to its
Web Server;
WHEREAS, Client seeks to utilize ACSB's server for its
own purposes;
Whereas, the parties acknowledge that the Internet is
neither owned nor controlled by any one entity;
therefore, ACSB can make no guarantee that any given
reader shall be able to access ACSB's server at any
given time. ACSB represents that it shall make every
good faith effort to ensure that its server is available
as widely as possible and with as little service
interruption as possible;
Now Therefore, in consideration of the mutual promises
contained herein, the parties agree as follows:
A) Financial
Arrangements
- Client
agrees to a minimum one (1) year contract, beginning
upon ACSB's receipt of payment for the first year of
service.
- First
year payment plus setup charges, if any, shall be
due in advance of service. Whilst our pricing may be
broken down to a monthly figure, all accounts are
payable yearly in advance. The account cannot be
transferred or used by anyone other than the
subscriber.
- This
agreement will automatically renew for successive
one (1) year period unless canceled in writing 14
days prior to the quarterly renewal date. Written
notice may be by postal, the ACSB form or fax
transmission. Renewal prices are subject to change.
Renewal of services by Client indicates agreement to
any Contract revisions.
- Renewal
fees for the following term will be automatically
charged to the credit card on file for your account
unless other arrangements have been made. Payments
may also be made by cheque. Returned cheques are
subject to a RM50.00 returned cheque fee.
-
Accounts that have unpaid invoices more than 7 days
past the renewal date will be suspended without
notice until the account is brought current. ACSB
reserves the right to terminate the account and
delete the files. ACSB reserves the right to apply a
RM50.00 reconnection fee to all suspended accounts.
Suspension does NOT release client of the
responsibility for payment of the account and monies
due.
- In any
case where Client has exceeded the allocated free
quota of web space, ACSB reserve the right to bill
the extra web space used accordance with the
standard price list.
-
Furnishing false data on any contract or
application, including fraudulent use of credit card
numbers, is grounds for immediate termination, and
may subject the offender to civil or criminal
liability.
B) Taxes
ACSB shall not be liable for any taxes or other fees
to be paid in accordance with or related to purchases
made from Client or ACSB's server. Client agrees to take
full responsibility for all taxes and fees of any nature
associated with such products sold.
C) Material and Products
ACSB will exercise no control whatsoever over the
content of the information passing through the network
except for what is noted in Section X of this agreement.
ACSB will not host any material that is, in ACSB sole
discretion, judged as unlawful, threatening,
pornographic, political, abusive, libelous, or
encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise
violate any local, state, national or international law.
Please contact ACSB if uncertain of the nature of your
content. ACSB makes no warranties or representations of
any kind, whether expressed or implied for the service
it is providing.
ACSB also disclaims any warranty of merchantability or
fitness for particular purpose and will not be
responsible for any damages that may be suffered by the
Client, including loss of data resulting from delays,
non-deliveries or service interruptions by any cause or
errors or omissions of the Client. Use of any
information obtained by way of ACSB is at the Client's
own risk, and ACSB specifically denies any
responsibility for the accuracy or quality of
information obtained through its services.
Connection speed represents the speed of a connection to
and do not represent guarantees of available end to end
bandwidth. ACSB expressly limits its damages to the
Client for any non-accessibility time or other down time
to the pro- rata monthly charge during the system
unavailability. ACSB specifically denies any
responsibilities for any damages arising as a
consequence of such unavailability.
Client may not run background processes on ACSB's
servers. Violations of this policy will result in a
user's background processes being killed, and may result
in account suspension.
D) Trademarks & Copyrights
Client warrants that it has the right to use any
applicable trademarks or copyrighted material used in
connection with this service.
E) Age
The Customer certifies that he or she is at least 18
years of age.
F) Internet
Etiquette
- Electronic
forums such as mail distribution lists all have
expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be
considerate of the expectations and sensitivities of
others on the network when posting material for
electronic distribution. The network resources of ACSB
may not be used to impersonate another person or
misrepresent authorization to act on behalf of others or
ACSB. All messages transmitted via ACSB should correctly
identify the sender; users may not alter the attribution
of origin in electronic mail messages or posting. Users
must not attempt to undermine the security or integrity
of computing systems or networks and must not attempt to
gain unauthorized access.
- ACSB does
not permit the transmission of unsolicited e-mail.
Complaints or allegations regarding the abuse of e-mail
will be investigated. If it is found that the client has
engaged in the intentional transmission of unsolicited
e-mail, a warning to cease and desist will be issued.
Subsequent violations will result in suspension and/or
termination of the account.
- ALL
software and files uploaded must follow the standard
Internet guidelines for fitness of use. Such software
items that result in denial of service are not fit for
use. ACSB reserves the right to delete those files.
- Clients may
not use the account as storage facility or as a download
site for MP3, softwares, offer free emails, free
websites, free banner exchange services or any large
scale free services. Customer may also not run any kind
of chat script or create any kind of chating site using
the hosting service.
B) Taxes
ACSB shall not be liable for any taxes or other fees
to be paid in accordance with or related to purchases
made from Client or ACSB's server. Client agrees to take
full responsibility for all taxes and fees of any nature
associated with such products sold.
G) Privacy
ACSB will make every effort to protect the privacy of
ACSB's clients. ACSB will not reveal personal
information regarding its clients. ACSB cannot however
protect privacy through the Internic registration
database as this information is open to the public. |