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Service Agreement for Web
and Email Hosting
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:
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A. |
Financial
Arrangements |
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i. |
Client agrees
to a minimum one (1) year contract,
beginning upon ACSB's receipt of
payment for the first year of
service. |
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ii. |
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. |
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iii. |
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 via postal,
the ACSB form or fax transmission.
Renewal prices are subject to
change. Renewal of services by
Client indicates agreement to any
Contract revisions. |
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iv. |
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 checks are subject to a
RM50.00 returned cheque fee. |
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v. |
Accounts that
have unpaid invoices more than 30
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. |
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vi. |
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. |
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vii. |
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. |
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B. |
Taxes |
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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. |
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C. |
Materials and
Products |
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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. |
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D. |
Trademarks &
Copyrights |
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Client warrants that
it has the right to use any applicable
trademarks or copyrighted material used in
connection with this service. |
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E. |
Age |
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The Customer certifies
that he or she is at least 18 years of age. |
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F. |
Internet Etiquette |
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i. |
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. |
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ii. |
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. |
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iii. |
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. |
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iv. |
Clients may
not use the account as storage
facility or as a download site for
MP3, software, 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 chatting site using the
hosting service. |
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F. |
Privacy |
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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. |
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