UPDATED INTERNET SERVICES LIMITED HOSTING SERVICE AGREEMENT
Terms and Conditions
(Accepted Uses and Content Policy)
The policies and guidelines expressed herein supplement the rights and obligations of the parties under the Service Agreement for hosting services. This document establishes operating principles and acceptable use policies as they relate to the Customer's use of the Internet and the connection/services provided by UPDATED INTERNET SERVICES LTD (UPDATED) to the Customer under the Service Contract Agreement.
1. SERVICE DESCRIPTION
UPDATED provides a web server that is integrated into the Internet. UPDATED provides its server as a gateway from the server of various customers into the Internet, for which UPDATED charges a fee. After an account has been setup and any data has been uploaded to the site, UPDATED retains judgement as to what refund if any is applicable in the event of a cancellation of service.
2. SERVICE USAGE
A. Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign or local regulation is prohibited. Client agrees to indemnify and hold harmless UPDATED from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by client.
B. Unilateral Service Revocation: In the event that UPDATED, at any time, believes that the service is being utilized by the client in contravention of the terms and provisions of this contract, UPDATED may, at its sole discretion, immediately discontinue such service to client, without liability other than for the refund of unearned prepaid service fees.
C. The clients should understand that their websites are hosted by a shared server, no web site(s) are allowed to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If Updated find out or received complaint about server being over-loaded, we will terminate the web site(s) which overwhelm the server without notice. Updated will not refund any unused portion of services fee prepaid by the client.
3. NO WARRANTIES
With respect to the service to be provided hereunder, client acknowledges that UPDATED makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that UPDATED shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of UPDATED. Client hereby agrees to indemnity and hold harmless UPDATED from any and all claims of whatever nature brought by any of client's customers against UPDATED.
4. USE OF INFORMATION
The utilization of any data or information received by client or its customers from the utilization of the service to be provided by UPDATED is at client and its customer's sole and absolute risk. UPDATED specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME
If UPDATED shall acquire an Internet Domain Name on behalf of the client, then in such case the client hereby waives any and all claims which it may have against UPDATED for any loss, damage, claim or expense arising out of, or in relation to,
the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by UPDATED for any reason. Any costs of UPDATED in obtaining or maintaining a domain name for client shall be immediately reimbursed to UPDATED upon invoice from UPDATED to client.
6. SERVICE FEES AND INVOICING
Client shall pay the initial fees set forth below, prior to the commencement of service. Thereafter, client shall be invoiced in advance for a minimum six (6) months period, at least fifteen (14) days prior to the expiration of the then current six (6) months period. Payment of the service fee is due prior to the first day of said six (6) months period. In the event that client shall fail to pay for such services in advance of that six (6) months period, then UPDATED shall be entitled to unilaterally terminate this agreement and discontinue the service of client or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, UPDATED may, at its sole discretion, reinstitute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a HK$200. re-connect fee.
Additional fees, if applicable, will be billed at the time of order, with payment due within ten (10) days thereafter:
These fees are applicable for additional: disk space, data transfer, POP3/forwarding email accounts or mail list services.
Client shall have available the payment plans detailed within this site.
All support inquiries are to be initiated via email to: firstname.lastname@example.org. UPDATED will make a diligent effort to resolve any problem related to UPDATED's hardware or supporting software. Only after email inquiries have failed, will UPDATED provide support via telephone at (852) 2707 4593
Any cancellation of services must be requested through the UPDATED Online Web Hosting Sales office at (852) 2707 4593.
Please have your user ID and password available in order to process any request for cancellation. UPDATED will respond with a written confirmation via email that the cancellation request has been received and processed. This procedure is designed to protect our customers against unauthorized cancellation of service. Effective January 1, 1999 UPDATED cannot accept cancellations via email.
We also reserved the right to cancel our customers account at anytime without notice.
8. SCOPE OF AUTHORITY
Client has no authority, apparent or otherwise, to contract for, or on behalf of UPDATED, or in any other way legally bind UPDATED in any fashion, nor shall client be authorized to make any representations about UPDATED or its services other than to reiterate to its clients UPDATED's responsibilities as outlined in this agreement.
9. CHANGES IN TERMS OF AGREEMENT
Updated Internet Services Ltd. reserves the right to add, delete,
or modify any provision of this agreement at any time without notice.
A. Venue: Should any dispute arise under the terms of this contract, the parties agree that venue for resolution of said dispute shall be in Hong Kong Special Administrative Region, People's Republic of China.
B. Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.
11. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.
In order to facilitate their contractual relationship the Customer and UPDATED wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities: