Fees and
Payment
Hosting
Fees
We do not
charge Set Up fees.
Hosting
fees (paid annually) shall be forwarded prior to
commencement of services.
Hosting
fees are non-refundable after 30 days.
The
hosting fee entitles you to one year of hosting. There
shall be no additional costs to the customer for a period
of one year after commencement of service. All accounts
expire after one year and accounts will be charged the
same fee for an additional year of hosting. We will email
you when your hosting fee is due - we do not
automatically charge your credit card at any
time.
Term
and Termination
1. When
you sign up for the services provided by Malaysia-Host
this agreement shall become applicable and
effective.
2.
Malaysia-Host reserves the right to terminate this
agreement and the customer's site due to any breach of
the provisions stipulated herein. The decision to
terminate an account shall be left to the sole discretion
of Malaysia-Host and Malaysia-Host shall not be compelled
to give reasons for any actions taken in this respect.
Malaysia-Host shall have no obligation to refund any fees
that are clearly stated to be non-refundable. We reserve
the right to delete any site deemed unacceptable for any
reason without prior notice.
3. The
customer may terminate the services at any time by
contacting Malaysia-Host.com via email. There shall be no
refund of fees after the 30 day money back guarantee
period.
4.
Members will be responsible for their own web site
development, operation and maintenance.
5.
Members will be solely responsible for all products,
contents and materials appearing online or on their web
site.
6.
Members will be responsible for the accuracy and
appropriateness of content and materials appearing on
their web site.
7.
Members will be responsible for ensuring that the content
and materials appearing on their pages do not violate or
infringe upon the rights of any third parties.
8.
Members will be responsible for ensuring that the content
and materials appearing on their pages are not libelous
or otherwise illegal.
9.
Members will be responsible for the final calculation and
application of shipping and sales tax and for accepting,
processing, filling and shipping any customer orders or
any other e-commerce transactions that they may be
engaging in.
10.
Members will be responsible for the security of any
customer credit card numbers and related customer
information that are obtained or accessed as a result of
conducting electronic commerce via their Site and to keep
all such information confidential and to exercise the
same degree of care and security standard in the
industry.
Bandwidth
and Disk Space
You must
agree that Disk Space usage shall not exceed the number
of megabytes per month for the services ordered by you
through the registration. This usage is monitored and
measured by Malaysia-Host. Any Disk Space usage in excess
of the agreed upon number of megabytes per month may
result in corrective action by Malaysia-Host, in its sole
discretion including additional charges, disconnection or
discontinuance of any and all services, or termination of
this Agreement. In the event that Malaysia-Host elects to
take any corrective action, you shall not be entitled to
a refund of any fees paid in advance prior to such
corrective action. Any or all action by us will only be
taken after we notify you by email.
Amendments
Malaysia-Host
reserves the right to amend the service offerings and
add, delete, suspend or modify the terms and conditions
of the services set forth in this Agreement at any time,
and to determine whether and when, at its sole
discretion, any such changes apply to both existing or
future members.
Content
This
service is provided for both Business and Private users.
Malaysia-Host is not responsible for the content of any
web page hosted by Malaysia-Host.com. The opinions and
views expressed in Malaysia-Host.com hosted pages do not
necessarily reflect those of Malaysia-Host. The contents
of the web pages hosted on Malaysia-Host.com are not
reviewed in any way before they appear on the web page.
As the author of web pages hosted by Malaysia-Host.com,
you take full responsibility for their contents. Do not
use the web space provided by Malaysia-Host.com to
provide material that is grossly offensive to the web
community, including, but not limited to, blatant
expressions of bigotry, racism, hatred, profanity or for
promoting or providing instructional information about
illegal activities or promoting physical harm or injury
against any group or individual.
Malaysia-Host.com
services shall only be used for lawful purposes.
Transmission or solicitation of any material that
violates United States federal, state or other laws that
may apply in this jurisdiction or your local area is
prohibited.
Malaysia-Host.com
hosted pages cannot contain, or provide links to,
materials that Malaysia-Host, in its sole discretion, may
consider illegal or offensive, including, but not limited
to:
Copyrighted
material not belonging to you -- for example, music,
images, software or video -- unless you have the prior
consent of the copyright owner;
Trademarked
material not belonging to you -- for example,
wordmarks, design marks or a combination thereof --
without prior consent of the trademark owner;
Foul language;
Hate-group propaganda;
Mail fraud;
Pyramid or Ponzi schemes;
Insults to other persons or companies, including but
not limited to: material that is obscene, threatening,
harassing, libelous or in any way a violation of
intellectual property laws.
Members shall not use
their Malaysia-Host.com hosted web pages to conduct the
following activities:
Sell weapons
or promote the use thereof;
Send bulk/spam e-mail from a Malaysia-Host.com server,
or sending such e-mail with Malaysia-Host.com web site
listed as the contact address;
Send mass/spam news postings;
Advertise or distribute software or services that may
contribute to news or e-mail spamming;
Host a banner exchange;
Disclose the trade secrets of any other entity or
individual;
Use patented materials without the prior consent of
the patent owner;
Host WAREZ, CRACKS and/or SERIALZ on Malaysia-Host.com
systems or accounts; or
Conduct any other activities, that Malaysia-Host.com
determines, in its sole discretion, to be illegal or
an unreasonable drain on system resources.
It is impermissible to
use Malaysia-Host servers for the following
purposes:
To launch
malicious attacks on other servers including, but not
limited to, denial of service attacks, mail bombs,
hack attacks, spamming, port scanning or port
probing;
To connect directly to external servers using, for
example, Internet Relay Chat (IRC), port scanning or
any other unauthorized connection;
To open sockets of any kind including but not limited
to ICQ, IRC;
To provide CGI for any third party;
To act as a file repository or to serve files for
other sites; or
To conduct any other activity that Malaysia-Host.com
determines, in its sole discretion, to be an improper
use of the Malaysia-Host.com servers.
Malaysia-Host reserves
the right to terminate your Malaysia-Host.com account or
remove any page it determines, in its sole judgment, is
in violation of any provision of this
Agreement.
Disclaimer of
Warranties
Member understands
that the Internet and other various networking
communication mediums are not secure, unless explicitly
specified as such, and may be subject to interception or
loss. Malaysia-Host.com makes no warranties of any kind,
either express, implied or statutory, concerning the data
or information available through the Malaysia-Host.com
hosting network or the Internet. Malaysia-Host.com
services are provided on an "AS IS" basis.
Malaysia-Host.com makes no representations or warranties
of any kind, express or implied, including without
limitation:
-THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT;
-THAT THE HOSTING
SERVICES WILL MEET YOUR REQUIREMENTS OR WILL ALWAYS BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR
OPERATE WITHOUT ERROR;
-ANY IMPLIED WARRANTY
ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE;
AND
-ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF
Malaysia-Host.com
-TO THE FULL EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, Malaysia-Host.com
DISCLAIMS ANY AND ALL SUCH WARRANTIES.
Limitation of
Liabilities
IN NO EVENT SHALL
Malaysia-Host.com BE LIABLE FOR DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE
AGREEMENT, THE HOSTING SERVICES, OR THE INABILITY TO USE
THE HOSTED SITE. Malaysia-Host.com's liability to the
Member for actual damages for any cause whatsoever,
regardless of the form of the action, will be strictly
limited to a maximum of the Fees paid.
Malaysia-Host.com, ITS
OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL
NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR
INJURY RESULTING FROM THE USE OF THE HOSTING SERVICES,
CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR
CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING, MAINTAINING OR DELIVERING THE
SERVICES. Malaysia-Host.com, ITS OFFICERS, DIRECTORS,
OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE
USE OR INABILITY TO USE THE SERVICES.
