This agreement represents the complete agreement and understanding between Hosting Asia and Client and supersedes any other written or oral agreement. Upon notice published on-line via , may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. In addtional, Client shall agree to all the conditions listed under Terms of Service once the contract is in effect.
1. Hosting Asia makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. Hosting Asia also disclaims any warranty of merchantability or fitness for a particular purpose. Hosting Asia 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 the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Hosting Asia.
2. This service may be used only for lawful purposes. Transmission of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, gambling (on-line casino/horse racing) and money laundry,or material protected by trade secret. may, at its sole discretion, immediately discontinue such service to Client, without any liability or refund of pre-paid service fees. Client agrees to indemnify and hold harmless 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.
3. The use of any data or information received by Client or its customers from the utilization of the service to be provided by is at Client and its customer's sole and absolute risk. specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
4. Client shall ensure that its use of network services shall not disrupt Hosting Asia, its associated networks or equipment forming part of the systems. Clients shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law and regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast", or otherwise sent on an intrusive basis to any user or to any directly or indirectly attached network. Use of connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by shall be considered a breach of this Policy and may result in cancellation of service.
5. Client has no authority, apparent or otherwise, to contract for, or on behalf of , or in any other way legally bind in any fashion, nor shall Client be authorized to make any representations about or its services other than to reiterate to its customers responsibilities as outlined in this agreement.
Hosting Asia will ensure the highest quality of hosting plan service to all customers. All Hosting Plan Service is subject to the following Fair Usage Policy.
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 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. The hosting services shall not be used under any one of the following circumstances, including but without limitation:
a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.
b) Improper Uses - Zero tolerance policy in effect. UCE Abusers will be suspended without warning pending review.The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings, mass advertisements, hosting facility resources abusing, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security. Hosting Asia acts at its sole discretion, immediately discontinue such service to Client, without any liability and without any refund.
c) Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
e) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.
f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
g) Pornography - Due to legal and social issues, we will not accept any new customers who publish pornographic images. If an existing customer publishes pornographic images, may issue a warning and/or suspend your account.
h) Excessive CPU usage's - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. For example: 1) a few customers have tried re-selling our counters or auto-responders to the rest of the world which caused an excessive amount of requests on our server(s). 2) email bombs. 3) re-selling CGI access to other 3rd parties.
i) DDOS Attack - If you are DoS'ed we reserve the right to suspend your account to limit the attack. If you are found to of caused the DDOS your account may be suspended or cancelled.
j) In any manner which adversely affects Hosting Asia's ability to provide, complete or maintain the level or quality of its network or other services
If you are in breach of any of the prohibited use specified above, Hosting Asia has the right to forthwith suspend / terminate the Service without any notice or refund. Also, Hosting Asia has the right to charge you additional cost for breach of the prohibited use at Hosting Asia's prevailing rate for such abusive usage.
Hosting Asia reserves the right to change the terms and conditions of this Fair Usage Policy. Please check the most updated version from time to time.
Availability of Services
Hosting Asia shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Hosting Asia may undertake from time to time; or (iii) causes beyond the control of Hosting Asia or that are not reasonably foreseeable by Hosting Asia, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Hosting Asia has no control of availability of the Services on a continuous or uninterrupted basis.
In additional, all client are expected and encouraged to maintain backup copies of their own data. Hosting Asia is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Service Availability Guarantee
Hosting Asia offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If Hosting Asia fails to maintain this level of service availability, You may contact Hosting Asia and request a credit of 5% of Your monthly hosting fee from Hosting Asia for that month. The credit may be used only for the purchase of further products and services from Hosting Asia, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs that Hosting Asia may undertake from time to time; (ii) errors caused by You from custom scripting or coding; (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email; (iv) causes beyond the control of Hosting Asia or that are not reasonably foreseeable by Hosting Asia ; and (v) outages related to the reliability of certain programming environments. Total Service Uptime shall be solely determined by Hosting Asia and shall be calculated on a monthly basis.
Actions Taken by Hosting Asia
When Hosting Asia becomes aware of an alleged violation of its Acceptable Use Policy, Hosting Asia reserves the right to initiate an investigation. During the investigation we may restrict Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Hosting Asia 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, Hosting Asia will notify the appropriate law enforcement department of such violation. Hosting Asia does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
Hosting Asia reserves the right to make changes to any of the policy and the agreement immediately and WITHOUT prior notice to Customer.
(This Hosting Policy is effective immediately. In case of any disputes, HOSTING ASIA LIMITED reserves the rights for final decision.)