Terms Of Service
THIS AGREEMENT represents the complete agreement and understanding between Nikhost Technology, a company incorporated in Malaysia under the Companies Act 1965 with its office address at No 35C-2-3, Jalan 2/27F, KLSC Wangsa Maju, 53300 Kuala Lumpur, MALAYSIA (hereinafter known as "E-HOSTING") and the Customer.
1 Agreement means the completed Application Form and this Terms and Conditions of E-HOSTING Web Services including all subsequent unilateral amendments, variations, additions and deletions by E-HOSTING;
Application Form means the E-HOSTING Web Services Application Form completed by the Customer which forms part of this Agreement; For the Application Form, click here.
Customer means the person whose particulars are stated in the Application Form and includes his successors and permitted assigns.
Fees means the fees payable for the Service as prescribed by E-HOSTING from time to time.
Service means the services (either severally or in its entirety) as stated in the Application Form which are subscribed by the Customer and includes any tools, functions or programs provided by E-HOSTING to the Customer which are ancillary and incidental to the said services.
2 The Service shall commence and this Agreement shall become effective on the date notified by E-HOSTING to the Customer by post, fax or e-mail.
The Fees shall be payable in full and in advance by the Customer to E-HOSTING as notified in the invoice by E-HOSTING to the Customer.
For the payment of the first Fee, Customer shall pay such first Fee upon submission of the Application Form to E-HOSTING. The Customer acknowledges that the Fee shall not be refunded to the Customer for any reason whatsoever.
The Customer shall be liable and shall promptly pay to E-HOSTING all Fees and, where applicable, other charges, rentals, costs or other amounts whatsoever for the Service by such date as stated in the invoice (hereinafter referred to as "the due date") notwithstanding that the Customer disputes the same for any reason. In the event that a dispute is decided by E-HOSTING in the Customer's favour, E-HOSTING shall refund to the Customer any excess amount paid by the Customer free of interest. In the event of late payment by the Customer of any sums due for the Service, E-HOSTING shall have the right to charge interest on the outstanding amount from the due date until the date of full payment.
3 The Customer shall be solely responsible for:
a) the installation, setting-up, suitability and configuration of his equipment (including hardware and software) for access to the Service; and
b) obtaining, at his own cost, all licenses, permits, consents, approvals and rights (including without limitation intellectual property rights) as may be required for using the Service;
4 The Customer undertakes, covenants and warrants:
a) that if it is a incorporated body, it has the corporate power to enter into and perform its obligations under this Agreement and has taken all necessary corporate actions to authorise the entry into and performance of this Agreement;
b) to comply with all notices and instructions issued, given or notified by E-HOSTING whether via the E-HOSTING home page or otherwise, from time to time in respect of the use of the Service;
c) to comply with the rules of any network of which the Customer gains access to the Service;
d) to be solely responsible for all content and its domain name;
e) to ensure that in using the Service all applicable laws, rules and regulations for the use of any communications systems, service or equipment shall be complied with at all times.
5 The Customer shall NOT use the Service:
a) for any unlawful purpose including and without limitation, any criminal purpose;
b) to provide any content which is offensive on moral, religious, racial or political grounds or any threatening, harmful, unlawful, abusive, harassing, defamatory, libelous, vulgar, indecent, false, menacing, offensive, obscene, profane, hateful, or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offense, civil liability or otherwise violate any local or international law. For the avoidance of doubt, E-HOSTING shall be the sole arbiter of the violation of this clause;
c) to send unsolicited mass e-mailings which, in the sole opinion of E-HOSTING, would constitute "spamming";
d) to infringe or facilitate infringement of any intellectual property right of any person;
e) to introduce, assist or attempt to introduce any computer virus or any other harmful component to E-HOSTING' or any third party system;
f) in a manner which results in excessive amounts of CPU processing on any of E-HOSTING' servers; and
g) other than for the purpose for which the Service is subscribed.
6 The Customer shall not assign or transfer any of its rights or obligations under this Agreement to any person without the prior written approval of E-HOSTING and shall also not sub-let, share, rent, lease, offer and/or in any manner whatsoever transfer the use of the Service to any person without the prior written approval of E-HOSTING.
7 The Customer shall be solely responsible for protecting the secrecy of his user account and/or password (including and without limitation changing his password from time to time) and shall not reveal the same to any other person.
The Customer shall use only his own user account to access the Service.
The Customer acquires no rights, lien or claim to any telnet account, passwords, user identification names and/or any codes assigned to him by E-HOSTING and except as otherwise proved herein, E-HOSTING reserves the right to change or re-assign the same to the Customer at its sole discretion without being liable to the Customer in any manner whether for damages or otherwise.
8 The Customer hereby acknowledges and agrees that E-HOSTING makes no representations or warranties, expressed or implied, as to the completeness, feasibility, reliability or effectiveness of the Service, or that the Service shall be uninterrupted or error free, or that defects have been or will be corrected.
The use of any content or information received by the Customer from the utilisation of the Service is at the Customer's sole and absolute risk. E-HOSTING is not in any way responsible for the completeness, accuracy or quality of information obtained through the Services provided herein.
9 In no event shall E-HOSTING be liable to the Customer or any other persons for any loss or damage including any loss of business opportunity, consequential, indirect, special or incidental damages arising out of or in connection with or by reason of the operation, provision or use of the Service and/or equipment or for any suspension, termination, failure, disruption, downtime, interruption, miscalculation, incorrect linkage, delay in activation or access, inaccuracy or other nonperformance of the Service or for any loss of information or otherwise.
For the avoidance of doubt, E-HOSTING shall not be liable for any loss or corruption of Customer content and for any loss or damage sustained by the Customer due to any deletion, theft, transmission delay, error, omission, inaccuracies or otherwise with respect to any content.
The Customer shall be solely responsible for any permanent storage of his content which would allow for reconstruction of any lost content.
10 The Customer undertakes and agrees to indemnify, save and hold harmless E-HOSTING, its servants, agents and sub-contractors at all times against all actions, claims, proceedings, costs, losses and/or damages whatsoever including but not limited to libel, slander, infringement of intellectual property, death, bodily injury or property damage howsoever arising which E-HOSTING, its servants, agents and sub-contractors may sustain, incur or pay, or as the case may be, which may be brought or established against E-HOSTING, its servants, agents and sub-contractors by any person arising out of or in connection with or by reason of the operation, provision or use of the Service and/or equipment under, by reason of or pursuant to this Agreement and/or which are directly or indirectly attributable to the act, omission or neglect of the Customer, his servants, agents or sub-contractors.
11 This Agreement may be terminated by the Customer for any reason upon thirty (30) days written notice to E-HOSTING.
Notwithstanding the above, E-HOSTING may at its sole discretion suspend the Service, or any part thereof, or terminate the Service and this Agreement with immediate effect at any time without prior notice to the Customer if:
a) the Customer breaches or fails to comply with any of the terms under this Agreement;
b) the Customer fails to make payments for any amounts due under this Agreement;
c) the Customer has provided false, incorrect or incomplete information to E-HOSTING;
d) the Customer's domain name hosting services, domain name is de-registered, de-activated, revoked or terminated;
e) in the E-HOSTING' opinion, it is not in the public interest to continue providing the Service to the Customer for any reason;
f) in E-HOSTING' sole opinion the Customer's use of the Service has or is likely to be the cause of failures, interruptions, errors or defects in E-HOSTING' or any other person's system;
g) in E-HOSTING' sole opinion, such actions are required for the purposes of maintenance or repair work on E-HOSTING' system; or
h) if the Customer is declared bankrupt or the Customer becomes insolvent or enters into voluntary or compulsory liquidation or passes effective resolution for winding up or makes an arrangement or composition with its creditors or upon the appointment of a receiver, manager or special administrator over the whole or substantially the whole of its undertakings or if any distress or execution shall be threatened or levied upon any of its equipment and/or other property.
All outstanding Fees, charges, rentals, costs or other amounts in arrears, if any, shall immediately become due and payable by the Customer to E-HOSTING upon termination of this Agreement.
Termination of this Agreement shall be without prejudice to any accrued rights or liabilities of either party.
Notwithstanding the above, Clauses 7 and 8 shall survive any termination of this Agreement.
12 In addition to and not in derogation of Clause 10, in the event the Customer breaches or fails to comply with Clause 5, E-HOSTING may in its sole discretion take such actions as necessary to correct, rectify, minimise or remove the breach or lack of compliance, with minimal disruption to the Customer's use of the Service.
13 In the event of reactivation of any suspended Service, E-HOSTING reserves the right to impose any reactivation fees on the Customer.
Upon termination of this Agreement for whatsoever reason, E-HOSTING may delete all content that is stored in E-HOSTING' system by the Customer.
14 E-HOSTING reserves the right to amend the terms and conditions herein contained and/or the specific terms at any time and the Customer shall be bound by the terms and conditions as amended. Notice of the amendment may be given by E-HOSTING to the Customer in such manner as E-HOSTING in its sole discretion deems appropriate.
15 E-HOSTING shall not be liable for any breach of this Agreement arising from cause beyond its control including but not limited to acts of God, insurrection, civil disorder, war or military operations, national or local emergency, acts or omissions of government, other competent authority, industrial disputes of any kind (whether or not involving any of E-HOSTING' employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom E-HOSTING is not responsible or any other cause whether similar or dissimilar outside E-HOSTING' control.
16 No failure by E-HOSTING to insist upon the strict performance of any terms, covenant or condition of this Agreement or to exercise any right or remedy upon breach of any terms and conditions, no acceptance of payment or performance during the continuation of any such breach, no exercise of any right, power or remedy, and no approval or confirmation of any act, matter or thing shall constitute a waiver of any term, covenant or condition herein or a waiver of any subsequent breach or default in the performance of any term, covenant or condition herein.
17 Any notice to be served by one party on the other shall be validly served if sent by:-
a) pre-paid post to the address of the other as stated in this Agreement; or
b) e-mail to admin@E-HOSTING.my if to E-HOSTING or to the e-mail address allocated to the Customer by E-HOSTING if to the Customer.
18 The Customer shall be solely responsible to inform E-HOSTING of changes to any information provided by the Customer to E-HOSTING in this Agreement. The Customer agrees that E-HOSTING shall not liable for any incorrect, incomplete information provided by Customer to E-HOSTING for purpose of notification.
19 This Agreement shall be governed and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts of Malaysia.
E-HOSTING Privacy Statement
At E-HOSTING, we recognise that you are a unique individual with your own distinct preferences. Our aim is to provide you with information and services which are most relevant to you. In order to achieve this, we need to get to know you and collect information to understand what differentiates you from each of our other users. We collect information about you in two ways.
Registration
First, you may provide us with certain information such as your name , company name (if any), contact number, postal address, when registering for the Services. This information is used for purposes such as personalization and verification. We accept all your personal details as true without prejudice when you sign up.
Use of Information
Any information you provide to E-HOSTING when registering for the Services is maintained and accessible only by E-HOSTING and its related or affiliated corporations. E-HOSTING may use this information to offer you the opportunity to receive notices regarding other E-HOSTING products or services or products or services of E-HOSTING' related or affiliated corporations. E-HOSTING may also use this information to send materials to you for marketing purposes, but E-HOSTING will take commercially reasonable steps to safeguard the information from unauthorised access, and unless we specifically disclose it to you at the time of collection, we will not make customer specific information that is gathered available to unaffiliated organisations for commercial purposes unrelated to the business of E-HOSTING and its related or affiliated corporations.
We may use only the anonymous click stream data to help deliver better-targeted advertisements. E-HOSTING will not disclose any information about any individual user except to comply with applicable law or request or directive from any regulatory authority or governmental body or agency or other valid legal process or to protect the personal safety of our users or the public.
Sharing of Information
The individually identifiable information that you provide will be used extensively within E-HOSTING and its related and affiliated corporations to provide a personalised experience to you. Except as described in this Privacy Statement, E-HOSTING will not willfully disclose individually identifiable information about its users to anyone outside E-HOSTING' related or affiliated corporations without first receiving that user's permission, preventing this information from appearing in unauthorized mailings and other solicitations.
Appropriate Use of the Services
E-HOSTING provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services
Domain Names
If Client chooses to register a domain name(s) through E-HOSTING, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. E-HOSTING does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
Refund
E-HOSTING did not offer any refund for any of product & services.
Return Item Fee
Accounts with returned checks and/or e-checks will be assessed a MYR 50.00 returned item fee.
Taxes.
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Back-up Files and Processing
Shared Hosting Clients will have the ability to reinstate files which are automatically archived by E-HOSTING upon request for a minimal fee; however, E-HOSTING does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by E-HOSTING.
On Dedicated Servers with the on-board backup option, they are paying for the additional disk drive only. E-HOSTING will provide and install the backup script for our clients upon request, but the running of cron jobs and services is the responsibility of the server owner. The backup script can be set up to generate a daily email with results to assist Client in monitoring. For mission critical data, E-HOSTING highly recommends higher quality off-server backup services than what an on-board backup drive can provide. Doing periodic local backups is also highly recommended and prudent business practice.
Bandwidth
Shared Hosting Accounts are limited to the bandwidth allocated to the product purchased. If Customer exceeded the bandwidth limit, we will suspend their account for that month.
Request of extra bandwidth can be made with extra charges RM5/month per 1GB bandwidth.
Termination
E-HOSTING reserves the right to refuse service to anyone. E-HOSTING, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@e-hosting.com.my
Liability
Customer agree that E-HOSTING does not hold any responsibility from any expenses, losses, liabilities or third party claims when Customer using our services.
Late Payments.
Any payment not received within seven (7) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a MYR 15.00 fee. Customer also shall pay to E-HOSTING all expenses incurred by E-HOSTING in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys’ fees and the fees of any collection agency retained by E-HOSTING. Late Fees will continue to accrue as long as there is an outstanding balance.
Freeze Account
E-HOSTING will freeze the Customer’s Account after seven (7) days not receiving any payment and E-HOSTING have the rights to delete the Customer’s Account after 1 month non-payment account. Request of data after the freeze period will be charge RM50 minimum and RM200 maximum.
Disclaimer of Warranty
THE SERVICES, THE E-HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE E-HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. E-HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, E-HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Miscellaneous
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to Nikhost Technology:
No 35C-2-3, Jalan 2/27F,
KLSC Wangsa Maju,
53300 Kuala Lumpur, MALAYSIA
Tel: 1-700-808-500 Fax: 1-700-808-600
www.e-hosting.com.my/contact.html
If to Client:
Name and address or e-mail provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by E-HOSTING. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the Malaysia, except with regard to it’s conflict of law rules. This Agreement and E-HOSTING policies are subject to change by E-HOSTING without notice. Continued usage of the Services after a change to this Agreement by E-HOSTING or after a new policy is implemented and posted on the E-HOSTING Site constitutes your acceptance of such change or policy. We encourage you to regularly check the E-HOSTING Site for any changes or additions.
For further information and assistance, please visit http://support.e-hosting.com.my
