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Terms Of Service

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This Web Hosting Agreement is between Asia Internet Hosting and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Services

Asia Internet Hosting agrees to provide the services stated for the price agreed at any given time.

Terms

1.You are responsible for monitoring your storage space and bandwidth transfer each month. If you exceed your monthly limit, you will receive an email with the option to either upgrade your account or removed unused files on the server. If these limits continue to be exceeded without an upgrade, we reserve the right to suspend your account.
2.New accounts cancelled within the first month will be charged for the full first month.

Payments

1. Renewal notices are emailed fourteen (14) days before the actual renew date in your account. If you have placed your credit card details on file, payment will be automatially deducted on the due date.
2. Any account not brought current within twenty days (20 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.
3. Once an account is terminated, all contents will be deleted from our servers.
4. Asia Internet Hosting reserves the right to change prices at any time, unless other terms have been agreed upon.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Asia Internet Hosting is strictly prohibited.

Asia Internet Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to Asia Internet Hosting, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – Asia Internet Hosting reserves the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not host copyrighted information/graphic/data, run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Asia Internet Hosting to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Disk Space Abuse

Asia Internet Hosting will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage.

Bandwidth Abuse

The intention of Asia Internet Hosting is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so may result in the termination of your account.

Traffic will go unmonitored until YOU reach the amount of quota allocated to your specific subscription plan. Asia Internet Hostingwill be the sole arbiter as to what constitutes a violation of this provision.

AUP

You agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. You agree that Asia Internet Hosting hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the first day of any Renewal Term that begins subsequent to the amendment. You agree to cooperate with Asia Internet Hosting reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Asia Internet Hosting and you regarding the interpretation of the AUP, Asia Internet Hosting’s commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to Asia Internet Hosting that the information he, she or it has provided and will provide to Asia Internet Hosting for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Asia Internet Hosting that he or she is at least 18 years of age. Asia Internet Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. Asia Internet Hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through Asia Internet Hosting (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

TECHNICAL SUPPORT BOUNDARIES

Asia Internet Hosting provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

We do our best to help with scripts, templates and programing languages. However, under no circumstances is Asia Internet Hosting obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.

Indemnification

You agree to indemnify and hold harmless Asia Internet Hosting, Asia Internet Hosting’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by you or any person using your log on information, regardless of whether such person has been authorized to use the services by Customer.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Asia Internet Hosting AGAINST LIABILITIES ARISING OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Asia Internet Hosting’s SERVER.
(2) ANY MATERIAL SUPPLIED BY YOU THAT IS INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Asia Internet Hosting’s SERVER.

Disclaimer of Warranties

Asia Internet Hosting does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Asia Internet Hosting disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Asia Internet Hosting and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

Suspension of Services/Termination

Customer agrees that Asia Internet Hosting may suspend services to Customer without notice and without liability if: (i) Asia Internet Hosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) My Company reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.

If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

Request For Customer Information

Customer agrees that Asia Internet Hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Asia Internet Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Asia Internet Hosting not withstanding any agreement by Asia Internet Hosting to provide back up services.

Request For Restore Of Hosting Package

During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a USD25 one time fee will be enforced.

Changes To Asia Internet Hosting’s Network

Upgrades and other changes in Asia Internet Hosting’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Asia Internet Hosting reserves the right to change its network in its commercially reasonable discretion, and Asia Internet Hosting shall not be liable for any resulting harm to Customer.

Notices

Notices to Asia Internet Hosting under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.