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 USER
AGREEMENT
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1.1 Entire Agreement
This Agreement, including documents incorporated herein by
reference, supersedes all prior discussions, negotiations
and agreements between the parties with respect to the subject
matter hereof, and this Agreement constitutes the sole and
entire agreement between the parties with respect to the matters
covered hereby. In case of a conflict between this Agreement
and any document, correspondence or other communication, of
Customer or Host Creation, the terms and conditions of this
Agreement shall control.
1.2 Agreement
This Agreement will govern your purchase and use of any Host
Creation Services (collectively called "Plan(s)"
, your account will also be referred to as your "Plan(s)"),
ordered by you and accepted by Host Creation and explains
the terms and conditions that apply to your purchase and the
use of the Plan(s). It is required that you register and accept
this terms and conditions in order to use the Plan(s). By
clicking the checkbox next to the text that reads "I
have read, understood and accept the Terms and Agreement"
(also known as Acceptance Checkbox) you acknowledge that you
have read this agreement and agree to be bound by the terms
and conditions contained on this document as well as all policies
and guidelines incorporated by reference. You agree that the
act of submitting your order form online is equivalent to
your signature. You agree that all the information you submit
online is true and correct to the best of your knowledge.
1.3 Disagreement
If you do not agree to the terms of this document, or any
of Host Creation's terms, policies or guidelines, do not check
the Acceptance Checkbox and your Plan(s) will not be created.
If you do not agree to the terms of any modification to ANY
Host Creation document, immediately notify Host Creation of
your termination of this agreement, thereby terminating your
Plan(s) with Host Creation Modification Agreement. Host Creation
reserves the right to change or modify any of the terms and
conditions contained on this document and any policy or guideline
incorporated by reference at any time. From time to time it
is at Host Creation reserves, in it's sole discretion, the
right to determine whether and when any such changes apply
to both existing or future customers. Any changes or modification
will be effective upon posting to Host Creation's web site
Host Creation will only post a notice of any revisions or
changes to this document for thirty 30 days in the Control
Panel of Host Creation's web site Host Creation may change
or modify ANY policies or guidelines without notice to you.
Your continued use of Host Creation's Plan(s) will be the
reflection of your cooperation and acceptance of any changes
or modifications.
1.4 The Acceptable
Use Policy (AUP)
Under this Agreement, Customer shall comply with Host Creation's
then current Acceptable Use Policy ("AUP"), as amended,
modified or updated from time to time by Host Creation, which
currently can be viewed under the terms of serive section
of this web site, and which is incorporated in this Agreement
by reference. Customer hereby acknowledges that it has reviewed
the AUP and that the terms of the AUP are incorporated herein
by reference. In the event of any inconsistencies between
this Agreement and the AUP, the terms of the AUP shall govern.
Host Creation does not intend to systematically monitor the
content that is submitted to, stored on or distributed or
disseminated by Customer via the Service (the "Customer
Content"). Customer Content includes content of Customer's
customers and/or users of Customer's website. Accordingly,
under this Agreement, you will be responsible for your customers
content and activities on your website. Notwithstanding anything
to the contrary contained in this Agreement, Host Creation
may immediately take corrective action, including removal
of all or a portion of the Customer Content, disconnection
or discontinuance of any and all Services, or termination
of this Agreement in the event of notice of possible violation
by Customer of the AUP. In the event Host Creation takes corrective
action due to a violation of the AUP, Host Creation shall
not refund to Customer any fees paid in advance of such corrective
action. Customer hereby agrees that Host Creation shall have
no liability to Customer or any of Customer's customers due
to any corrective action that Host Creation may take (including,
without limitation, Termination of Services).
1.5 Term
The Term of this Agreement shall be as set forth in the Order
Form (the "Term"). The Term shall begin upon commencement
of the Services to Customer. After the Initial Term, this
Agreement shall automatically renew. ADDITIONALLY AFTER THE
INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Host Creation
TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR
SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS
TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS
SECTION. The Initial Term and all successive renewal periods
shall be referred to, collectively, as the "Term".
1.6 Construction
and Interpretation
Wherever in this Agreement the masculine, feminine, or neuter
gender is used, it will be construed as including all genders,
and wherever the singular is used, it will be deemed to include
the plural and vice versa, where the context so requires.
The division of this Agreement into sections/paragraphs, and
the insertion of headings/captions, are for convenience of
reference only and will not affect the construction or interpretation
of this Agreement. Any rule of construction to the effect
that any ambiguity is to be resolved against the drafting
party will not be applicable in the construction or interpretation
of this Agreement.
1.7 Minimum Age
Requirement
Host Creation customers must be at least 18 years of age.
Any individual under the age of 18 years ("Minor")
must have a parent or guardian accept this Agreement in order
for the Minor to become a Host Creation customer. A parent
or guardian who accepts this Agreement on behalf of a Minor
will be primarily liable for ensuring complete and proper
compliance with this Agreement, including the timely and full
payment of the charges for Host Creation services, and such
primary liability will continue even when the Minor has attained
the age of 18, unless the parent or guardian obtains Host
Creation's express written consent to the contrary. Any acceptance
of this Agreement or any other agreement for Host Creation's
services will be deemed null and void to the extent that Host
Creation will not be liable in any way as a result of the
Minor's age or legal incapacity or the Minor's use of Host
Creation's services.
1.8 Governing
Law: Jurisdiction
Any controversy or claim arising out of or relating to this
Agreement, the formation of this Agreement or the breach of
this Agreement, including any claim based upon arising from
an alleged tort, shall be governed by the substantive laws
of Singapore. The United Nations Convention on Contracts for
the International Sale of Goods does not apply to this Agreement.
ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST
BE BROUGHT INTO A SINGAPORE COURT AND EACH OF THE PARTIES
HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION
OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM)
IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION
WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE
OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR
THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT
IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
1.9 No Third-Party
Beneficiaries
Except as otherwise expressly provided in this Agreement,
nothing in this Agreement is intended, nor shall anything
herein be construed to confer any rights, legal or equitable,
in any Person other than the parties hereto and their respective
successors and permitted assigns. Notwithstanding the foregoing,
Customer acknowledges and agrees that Microsoft, and any supplier
of third-party supplier that is identified as a third-party
beneficiary in the Service Description, is an intended third-party
beneficiary of the provisions set forth in this Agreement
as they relate specifically to its products or services and
shall have the right to enforce directly the terms and conditions
of this Agreement with respect to its products or services
against Customer as if it were a party to this Agreement.
1.10 Severability
If any provisions of the entire agreement shall be unlawful,
void, or for any reason, unenforceable, it shall be deemed
severable form and shall in no way affect the validity or
enforceability of, the remaining provisions of the entire
agreement, which shall remain valid and enforceable according
to its terms. If it is deemed severable form, the liability
of Host Creation and its suppliers to you will be limited
to the amount actually paid to Host Creation by you under
this agreement during the three (3) months preceding the date
on which the claim accumulated. This limitation applies to
all causes of action in the aggregate including, but not limiting,
to breach of contract, breach of warranty, negligence, strict
liability, misrepresentations, and other damages. The fees
for the Plan(s) set by Host Creation have been and will continue
to be based upon this allocation risk. Accordingly, you hereby
release Host Creation and its suppliers from any and all obligations,
liabilities, and claim beyond the limitation stated in this
section.
2.1 Payment
All charges for your Plan(s) must be paid in advance according
to the most current price or your previously locked in price
of the Plan(s). Upon registration, you must pay for your Plan(s)
by credit card or personal check. Upon paying for your Plan(s),
you thereby grant permission to Host Creation to charge any
fees in accordance with your Plan(s). If you choose to pay
by check, you authorize Host Creation to automatically transfer
money from your checking account, without invoice, via the
transit and routing numbers you will supply or have supplied
in the order form. If you pay by credit card, you must notify
Host Creation of any changes (including, but not limited to
the, number, expiration, cancellation of your card, and your
billing address) to your card that may prevent Host Creation
from billing you. Check and money orders can be sent on a
as needed basis, worked out with a Billing Manager.
2.2 Late Payment
If payment is not collected by the date due, your account
will be suspended, until payment is received in full. It shall
be the client’s sole responsibility to assure payment
is received in full and on time. If an account is suspended
for insufficient payment, the client shall be responsible
for contacting Host Creation and arranging alternate payment.
Host Creation maintains the right to terminate Plan(s) for
any unpaid invoices. Accounts in default are subject to an
interest charge of 2.5% per month on the outstanding balance.
Termination of Service shall not relieve Customer from the
obligation to satisfy outstanding invoices. In the event Host
Creation utilizes an attorney and/or collection agency to
collect any unpaid amounts, Customer shall be responsible
for the payment of all of Host Creation's attorneys' fees,
collection agency fees, and all costs in the collection of
these sums.
2.3 Credit
Card Disputes/Chargebacks
Host Creation has a zero tolerance policy for chargebacks.
Any customer who disputes a credit card payment is subject
to a fine and immediate account termination at Aceent's discretion.
A additional charge of $50.00 per chargeback will be assessed
to all accounts that receive a chargeback. In the event Host
Creation utilizes an attorney and/or collection agency to
collect any unpaid amounts, Customer shall be responsible
for the payment of all of Host Creation's attorneys' fees,
collection agency fees, and other costs in the collection.
2.4 Refunds
Refunds are only available within 30 days and up to 50% of
the full payment because once the agreement is confirmed,
payments for server and domain names were committed upfront.THERE
ARE NO REFUNDS OFFERED, OR PROMISED AFTER 30 DAYS.
3.1
Design and Development
Each web hosting plan is entitled to ONLY
1 website designed and developed by HostCreation. Translation
to another language is consider as a development of a new
website. Combining multiple languages in individual webpages
may incur addition costs, which will be estimated and quoted
separately by HostCreation.
Free design and development service offered by HostCreation
restricted to templated mode of production. This mode allows
customers to change relevant media to any pages without altercating
the colour scheme of that particular template design.
Development of the website may only commence after all the
relevant information is submitted to HostCreation.
3.2 Maintenance
Maintenance is a free value-added service offered by HostCreation
to her customers. Maintenance covers the alterations and addition
of the website contents information, irregardless of pages
and locations. It does not include the redevelopment of the
WHOLE website neither include the translation
to another languages.Translation to another language or irrelevant
and unrelated content is consider as a development of a new
website.
Any violation to the above clause will render this benefit
been void and will have the maintenance services to his/her
web hosting plan being removed with immediate effect.
Any changes or updates regarding the website have to email
to support@hostcreation.
Changes via other means will not be entertained. The reason
is we need to verify and validate any change requests. This
is to prevent any miscommunication and security reason. It
also help us to speed up the process of updating your changes.
4.1
Termination Policy, Procedures & Instructions
To terminate (also know as "cancel") your Plan(s),
you must follow these instructions. Any other forms of termination
will not be acceptable. You must provide Host Creation with
notice of a termination at least seven (7) days before the
end of the Term by email. Any attempts to cancel by telephone,
live chat, or our ticket system will be rejected and billing
will continue until these instructions have been followed.
4.2
Liabilities and Obligations on Termination
If the Agreement expires or is terminated for any reason,
Host Creation is not liable to you because of such an expiration
or termination for compensation or reimbursement on Plan(s)
of the loss of prospective profits, anticipated sales, goodwill
or on Plan(s) of any investment, relation to, or association
with your business or for any other reason resulting from
your termination or expiration. Any termination of this Agreement
will not deem you exempt from past due invoices or fees that
have acquired prior to the termination of this Agreement owed
by you to Host Creation as provided in this Agreement.
5.1 User Agreement
Violations
Failure to follow Host Creation's Agreement, policies, guidelines
(collectively called "Conditions") will result in
cancellation of your Plan(s). Host Creation will be the sole
arbiter as to what constitutes a violation of the Conditions.
Host Creation reserves the right to remove any Plan(s) without
prior notice. Host Creation may investigate any reported violation
of the Conditions or any complaints and take any action that
it deems appropriate and reasonable to protect its service,
systems, facilities, and/or third parties.
5.2 Actions
Taken by Host Creation
The failure by a customer to meet or follow any of the User
Agreement is grounds for account deactivation. Host Creation
will be the sole arbiter as to what constitutes a violation
of the User Agreement. Host Creation reserves the right to
remove any account without prior notice and to refuse service
to anyone at any time. When Host Creation becomes aware of
an alleged violation of its User Agreement, Host Creation
will initiate an investigation. During the investigation,
Host Creation may restrict a customer's access in order to
prevent further potentially unauthorized activity. Depending
on the severity of the violation, Host Creation may, at its
sole discretion, restrict, suspend, or terminate a customer's
Web hosting account and/or pursue other civil remedies. If
such violation is a criminal offense, Host Creation will notify
the appropriate law enforcement authorities of such violation.
An unlisted activity may also be a violation of the User Agreement
if it is illegal, irresponsible, or constitutes disruptive
use of the Internet. Host Creation does not issue credits
for outages incurred through service disablement resulting
from User Agreement violations. Violators of the policy are
responsible, without limitations, for the cost of labor to
rectify any damage done to the operation of the network and
business operations supported by the network, and to respond
to complaints incurred by Host Creation.
6.1 Customer
Responsibility
Customers are required to use Host Creation's service(s) responsibly.
This includes respecting the other customers of Host Creation.
Host Creation reserves the right to suspend and/or cancel
service(s) with any customer who uses Host Creation's Service(s)
in such a way that adversely affects other Host Creation customers.
While Host Creation may monitor its service electronically
to determine that its facilities are operating satisfactorily,
as a general practice, Host Creation does not monitor its
customers' communications or activities to determine whether
they are in compliance with this agreement. However, when
Host Creation becomes aware of any violation of this agreement
or the AUP, Host Creation may take any action to stop or correct
such violation, including, but not limited to, denying access
to Host Creation's services and equipment or to the Internet.
In addition, Aceent may take action against a customer or
a customer of such customer because of the activities of such
customer. Host Creation anticipates that customers who offer
Internet services will cooperate with Host Creation in any
corrective or preventive action that Host Creation deems necessary.
Failure to cooperate with such corrective or preventive measures
is a violation of Host Creation policy and Host Creation reserves
the right to take any such action even though such action
may affect other customers of the Host Creation customer.
6.2 Ownership of
Website
The legal owner of customers' Web sites and accounts with
Host Creation will be the individual or organization whose
name is listed in Aceent's database as the owner. Customers
will fully cooperate with and abide by any and all of Host
Creation's security measures and procedures in the event of
any dispute over ownership of customers' Web sites and accounts
with Host Creation.
6.3 Knowledge
Requirement
Use of the Plan(s) requires a certain amount of knowledge
in the use of Internet Programming Languages, protocols and
software, etc... This knowledge will vary depending on the
usage and content level of your web site You or your webmaster
must have the knowledge necessary to maintain your web site,
as it is not Host Creation's responsibility to advise, teach,
supply or provide any such knowledge or customer support outside
of the Plan(s) agreed to you by Host Creation.
6.4
Internet Protocol (IP) Address Ownership
If Host Creation assigns Customer an Internet Protocol ("IP")
address for Customer's use, the right to use that IP address
shall belong only to Host Creation, and Customer shall have
no right to use that IP address except as permitted by Host
Creation in its sole and absolute discretion in connection
with the Services, during the term of this Agreement. Host
Creation shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer
by Host Creation, and Host Creation reserves the right to
change or remove any and all such Internet Protocol numbers
and addresses, in its sole and absolute discretion.
6.5 Advertising
& Marketing
Customer agrees that during the term of this Agreement Acent
may publicly refer to Customer, orally and in writing, as
a customer of Host Creation. Any other public reference to
Customer by Aceent requires the written consent of Customer.
6.6 Warranties
and Representation
You warrant and represent to Host Creation that you are (1)
at least eighteen 18 years of age; (2) you possess the legal
right and ability to enter this agreement; (3) you will use
the Plan(s) only for lawful purposes and remain in accordance
with this Agreement and all policies and guidelines that may
apply; (4) you will be financially responsible for your Plan(s);
(5) you have acquired, or will acquire all necessary arrangements
for hypertext links to a third party Web sites or other content;
(6) you have verified or will verify the accuracy of materials
distributed or made available through use of the Plan(s),
including, without limitation, your content, claims, warranties,
guarantees, nature of business, and address where business
is conducted, and (7) your content does not infringe or violate
any right of any third party (including intellectual property
rights) or violate any applicable law, regulation or ordinance.
6.7 Assignment
Customer may not assign or transfer this Agreement, or any
of its rights or obligations hereunder, without the prior
written consent of Host Creation. Any attempted assignment
in violation of the foregoing provision shall be null and
void and of no force or effect whatsoever. Host Creation may
assign its rights and obligations under this Agreement, and
may engage subcontractors or agents in performing its duties
and exercising its rights hereunder, without the consent of
Customer. This Agreement shall be binding upon and shall inure
to the benefit of the parties hereto and their respective
successors and permitted assigns.
7.1 Disclaimer
of Warranty
Customer agrees to use all Services and any information obtained
through or from Host Creation, at Customer's own risk. Customer
acknowledges and agrees that Host Creation exercises no control
over, and accepts no responsibility for, the content of the
information passing through Host Creation's host computers,
network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON
AN AS IS, AS AVAILABLE BASIS. NONE OF Host Creation, ITS PARENT,
SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES,
AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS,
MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "Host Creation
PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
FOR THE SERVICES OR ANY EQUIPMENT Host Creation PROVIDES.
NO Host Creation PERSON MAKES ANY WARRANTIES THAT THE SERVICES
WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM
MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED
IN OR PROVIDED THROUGH THE SERVICES. Host Creation IS NOT
LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT
OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED
BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES
PROVIDED BY Host Creation. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY ANY Host Creation PERSON, WILL CREATE A WARRANTY;
NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS
OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
7.2 Limited Warranty
Host Creation represents and warrants to Customer that the
Services will be performed (a) in a manner consistent with
industry standards reasonably applicable to the performance
thereof; (b) at least at the same level of service as provided
by Host Creation generally to its other customers for the
same services; and (c) in compliance in all material respects
with the applicable Service Descriptions. Customer will be
deemed to have accepted such Services unless Customer notifies
Host Creation, in writing, within thirty (30) days after performance
of any Services of any breach of the foregoing warranties.
Customer's sole and exclusive remedy, and Host Creation's
sole obligation, for breach of the foregoing warranties shall
be for Host Creation, at its option, to re-perform the defective
Services at no cost to Customer, or, in the event of interruptions
to the Services caused by a breach of the foregoing warranties,
issue Customer a credit in an amount equal to the current
monthly service fees pro rated by the number of seconds in
which the Services have been interrupted. Host Creation may
provision the Services from any of its data centers and may
from time to time re-provision the Services from different
data centers.
The foregoing warranties shall not apply to performance issues
or defects in the Services (a) caused by factors outside of
Host Creation's reasonable control; (b) that resulted from
any actions or inactions of Customer or any third parties;
or (c) that resulted from Customer's equipment or any third-party
equipment not within the sole control of Host Creation. EXCEPT
AS EXPRESSLY PROVIDED IN THIS SECTION, Host Creation MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER
THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND Host Creation
HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE
FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER
IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY
WHATSOEVER. Host Creation DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
7.3 Limitation
of Liability
IN NO EVENT WILL Host Creation'S LIABILITY IN CONNECTION WITH
THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER,
WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS,
BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE
FEES PAID TO Host Creation BY CUSTOMER DURING THE 12-MONTH
PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
LIABILITY.
Host Creation CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE
AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR
CONTENT STORED OR TRANSMITTED VIA THE INTERNET. Host Creation
WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY
CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT
DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED
OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE
LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR
ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES
OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE,
WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT
HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE
OR NON- PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST
THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes
of action in the aggregate, whether based in contract, tort
or any other legal theory (including strict liability), other
than claims based on fraud or willful misconduct. The limitations
contained in Section 15(c) shall not apply to Customer's indemnification
obligations.
Notwithstanding anything to the contrary in this Agreement,
Host Creation's maximum liability under this Agreement for
all damages, losses, costs and causes of actions from any
and all claims (whether in contract, tort, including negligence,
quasi- contract, statutory or otherwise) shall not exceed
the actual dollar amount paid by Customer for the Services
which gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or
loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if Host
Creation takes any corrective action under this Agreement
because of an action of Customer or one if its customers or
a reseller, that corrective action may adversely affect other
customers of Customer or other reseller customers, and Customer
agrees that Host Creation shall have no liability to Customer,
any of its customers or any Reseller Customer due to such
corrective action by Host Creation.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and unknown)
that may exist in connection with this Agreement. The terms
of this section shall survive any termination of this Agreement.
7.4 Indemnification
Customer agrees to indemnify, defend and hold harmless Host
Creation and its parent, subsidiary and affiliated companies,
and each of their respective officers, directors, employees,
shareholders, attorneys and agents (each an "indemnified
party" and, collectively, "indemnified parties")
from and against any and all claims, damages, losses, liabilities,
suits, actions, demands, proceedings (whether legal or administrative),
and expenses (including, but not limited to, reasonable attorney's
fees) threatened, asserted, or filed by a third party against
any of the indemnified parties arising out of or relating
to Customer's use of the Services, (ii) any violation by Customer
of the AUP, (iii) any breach of any representation, warranty
or covenant of Customer contained in this Agreement or (iv)
any acts or omissions of Customer. The terms of this section
shall survive any termination of this Agreement.
7.5 Disclaimer
You acknowledge and agree that Host Creation accepts no responsibility
or liability for, and employs no control over, the content
of the information passing through Host Creation's host servers,
network hubs, or the Internet. All services performed thereunder
are performed "as is" and without warranty against
failure of performance including, without limiting to, any
failure due to computer hardware or communication systems.
Except as expressly provided in this Agreement, Host Creation
does not make and hereby disclaims, and you hereby waive all
reliance on, any representations or warranties, arising by
law or otherwise, in reference to the Plan(s), including,
but without limiting to, implied warranties of merchantibility,
fitness for a particular purpose, non-infringement, or developing
from course of dealing, course of performance, or usage in
trade.
7.6 Disclosure
Host Creation may reveal any information it deems necessary
or appropriate, including, without limitation, user profile
(e.g. name, e-mail address, etc...), usage history, material
contained on Host Creation's system in order to abide by any
applicable laws, lawful governmental requests, to protect
Host Creation's systems and customers, or to provide and protect
the quality, functionality, and integrity of Host Creation's
business and equipment. Host Creation reserves the right to
report any activities that it suspects violates any laws or
regulations to the appropriate law enforcement officials,
regulators or any other appropriate third parties.
7.7 Compensation
You agree to compensate, Host Creation and its affiliates
and suppliers (and their respective employees, directors and
representatives) for any and all expenses, including, without
limitation, all claims, actions, proceedings, suits, liabilities,
fines, and attorneys' fees, incurred by Host Creation or it's
suppliers, arising out of or relating to (1) your violation
or breach of any agreement, terms, representation or warranty
of this Agreement or any applicable policy or guideline; (2)
your improper or illegal use of the Plan(s); or (3) your violation,
alleged violation, or misappropriation of any intellectual
property right (including, but not limited to, trademark,
copyright, patent, trade secrets) or nonproprietary right
of a third party.
7.8 Federal &
Local Laws
The entire agreement shall be governed by the laws of Singapore
and its validity constructions, interpretation and legal effect
shall be governed by the laws and judicial decisions of Singapore
applicable to contracts entered into and performed entirely
within the Singapore. You shall at all times accord with all
applicable laws and regulations and shall protect and save
Host Creation harmless from your failure to stray from accordance.
You agree that Host Creation shall not have to perform any
obligations set forth in this Agreement if such performance
would violate any present or future law, regulation or policy
of any applicable government. You shall not use the Plan(s)
in any way that violates Singapore export laws, including
without limitation, uses related to the distribution of weapons
of mass destruction, prohibited chemical, biological, or nuclear
weapons or missile use. You agree that you are not located
in, under control of, or a national or resident of any country
restricted as a destination by Singapore law or on the Singapore
Department of Commerce's Table of Denial Orders.
7.9 Waiver
No failure or delay by any party hereto to exercise any right
or remedy hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise of any right or remedy
by any party preclude any other or further exercise thereof
or the exercise of any other right or remedy. No express waiver
or assent by any party hereto to any breach of or default
in any term or condition of this Agreement shall constitute
a waiver of or an assent to any succeeding breach of or default
in the same or any other term or condition hereof.
7.10 Force Majeure
Host Creation will not be liable for delays in its performance
of this Agreement or Host Creation services caused by circumstances
beyond Host Creation's reasonable control, including acts
of God, wars, insurrection, civil commotions, riots, national
disasters, earthquakes, strikes, fires, floods, water damage,
explosions, shortages of labor or materials, labor disputes,
transportation problems, accidents, embargoes, or governmental
restrictions (collectively "Force Majeure"). Host
Creation will make reasonable efforts to reduce to a minimum
and mitigate the effect of any Force Majeure. Notwithstanding
anything contained elsewhere herein, lack of finances will
not be considered an event of Force Majeure nor will any event
of Force Majeure suspend any obligation of customers for the
payment of money due.Waiver and AmendmentAny waiver, modification,
or amendment of any provision of this Agreement or other agreement
for Host Creation services, initiated by a customer, will
be effective only if accepted in writing and signed by an
authorized representative of Host Creation.
ACCEPTABLE
USE POLICY (AUP)
|
8.1 Introduction
All users of Host Creation's services, and all customers upon
signing up for Host Creation's services, agree to comply with
Host Creation's Acceptable Use Policy ("AUP"). The
spirit of the AUP is to ensure customers are using Host Creation's
services with due regard to the rights of other Internet users
and in conformity with the requirements of Host Creation's
network environment. The AUP are not exhaustive and Host Creation
reserves the right to add, delete, or modify any provision
of its AUP at any time without notice, effective upon either
the posting of the modified AUP to www.Host Creation or notification
of the modified AUP. Any complaints about a customer's violation
of the AUP should be sent to Host Creation's abuse department
via our hepdesk ( https://Host Creation/helpdesk/ ).
8.2 Acceptable Use Policy (AUP) Violations:
Violation of the AUP is strictly prohibited. Any violation
will result in immediate suspension, termination and/or compensations
awarded to Host Creation for damages caused by these violations
as detailed in this Policy. You shall remain solely liable
and responsible for your use of the Plan(s) and any all content
that you display, upload, download, or transmit through the
use of the Plan(s). Host Creation will be the sole arbiter
as to what constitutes a violation of this policy.
8.3 Illegal Use
Host Creation servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information,
data, or material in violation of any applicable law or regulation,
or that may directly facilitate the violation of any particular
law or regulation is prohibited. This includes, but is not
limited to: copyrighted material; trademarks; trade secrets
or other intellectual property rights used without proper
authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws. Additionally,
in purchasing Host Creation services, all Host Creation customers
certify that they and/or the organization they represent in
procuring services from Host Creation are not, nor have been
designated, a suspected terrorist as defined in Executive
Order 13224; are not owned or controlled by a 'suspected terrorist'
as defined in Executive Order 13224; and are not on, are not
a member of, related to, associated with, or controlled by
any organizations on the list contained in the Annex to Executive
Order 13224 and all updates thereto.
8.4 Usage
of Allotted Resources
Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes agreed to in the stipulated measurements
outlined on the web site at the time of sign-up (or other
measurements of services in the form of gigabytes, terabytes,
etc.) per month for the Services ordered by Customer on the
Order Form (the "Agreed Usage"). Host Creation will
monitor Customer's bandwidth and disk usage. Host Creation
shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken in Host Creation's
sole and absolute discretion. If Host Creation takes any corrective
action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such action.
8.5 Usage of
Server Resources
Customer agrees that Customer shall not use excessive amounts
of server resources (such as, but not limited to, CPU time
& memory usage) on any of Host Creation's servers. Any
violation of this policy may result in corrective action by
Host Creation, including assessment of additional charges,
disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken
in Host Creation's sole and absolute discretion. If Host Creation
takes any corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in advance prior
to such action.
8.6 E-mail Spamming
Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming") is prohibited, regardless
of whether or not it overloads a server or disrupts service
to Host Creation's customers. The term "spamming"
also includes, but is not limited to, maintaining an open
SMTP policy, engaging in spamming using the service of another
ISP or IPP and referencing in the spam a Web site hosted on
a Host Creation server, and selling or distributing software
(on a Web site residing on a Host Creation server) that facilitates
spamming. Violators will be assessed a minimum fine of $200
and will face immediate suspension. Host Creation reserves
the right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
8.7 Software Distribution
Host Creation's Web Hosting Plans are not configured for the
purposes of distributing software and/or multimedia products.
If you wish to distribute software and/or multimedia files,
please contact Host Creation's sales department to make special
arrangements.
8.8 Multimedia Files
Multimedia files are defined as any graphics, audio, and video
files. Host Creation Web Hosting Plans are not to be used
for the purposes of distributing and storing unusual amounts
of multimedia files. Any Web site whose disk space usage for
storing multimedia files exceeds 70% of its total usage, in
terms of total size or number of files, will be considered
to be using an unusual amount of multimedia files
8.9 Adult Content
Adult-oriented sites, pornography and sex-related merchandising
are prohibited. This includes sites that may infer sexual
content of any kind or provide links to adult content elsewhere.
We also prohibit sites that provide storage, sale, distribution,
hypertext link to, advertisement, promotion or hosting of
material that is unlawful, defamatory, obscene, harmful, threatening,
harassing, or an intrusion of privacy or publicity rights,
or otherwise objectionable.
8.10 Child Pornography
The use of Host Creation's services to store, post, display,
transmit, advertise or otherwise make available child pornography
is prohibited. Host Creation is required by law, and will,
notify law enforcement agencies when it becomes aware of the
presence of child pornography on, or being transmitted through,
its services.
8.11 CGI-Scripts
Cgi-script sharing among domains not hosted by Host Creation
is strictly prohibited. Any CGI-scripts considered to be harming
system performance or network integrity will be shut down
without prior notice. Also, excessive CPU processing or memory
usage is strictly prohibited on any Host Creation server.
8.12 System and
Network Abuse
Violations of system or network security are prohibited and
may result in criminal and civil liability. Examples of system
or network security violations include, without limitation
the following: unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan or test
the vulnerability of a system or network or to breach security
or authentication measures without express authorization of
the owner of the system or network; interference with service
to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a
system and broadcast attacks; forging of any TCP-IP packet
header or any part of the header information in an email or
a newsgroup posting.
8.13 System
and Network Security
Any form of violation of Host Creation's, or any third party's
server, system, or network security through the use of the
Plan(s) are prohibited and may result in criminal or civil
liability. Host Creation may investigate such incidents involving
such violations and cooperate with the proper law enforcement
authorities if a criminal violation is suspected. This includes,
without limitation: (1) distributing or hosting content, destructive
or harmful content including, without limitation, viruses,
Trojan Horses, worms, time bombs, cancel bots or any computer
programming routines that may damage or interfere with any
system, program, data or personal information; (2) any form
of hacking or unauthorized access, which includes, without
limitation, use probing, or scanning of systems security or
authentication measures, data or traffic; (3) interference
with service to any user, host, or network including any form
of attempts to overload a system, any form of system attacks,
or forgery which can come from any kind of program/script/command
or messages of any kind designed to interfere with a user's
terminal session, via any means, locally or by Internet; (4)
any form of interception which includes, without limitation,
unauthorized monitoring of data or traffic on any network,
server or system without express authorization from the owner;
(5) any form of avoidance of system restriction; (6) and any
form of failure to safeguard accounts which includes, without
limitation, failure to prevent unauthorized access by giving
away passwords. Host Creation reserves the right to limit
or disable any and all account features that may compromise
server security.
8.14
Viruses and Other Destructive Activities
Use of Host Creation's services or equipment for creating
or sending Internet viruses, worms or Trojan horses, or for
pinging, flooding or mail bombing, or engaging in denial of
service attacks is prohibited. It is also prohibited for any
customer to engage in other activity that is intended to disrupt
or interfere with, or that results in the disruption of or
interference with, the ability of others to effectively use
Host Creation's services and equipment (or any connected network,
system, service or equipment) or conduct their business over
the Internet.
8.15 Fraudulent Content
Offering or distributing any fraudulent goods, services, schemes
or promotions (e.g. - make money fast schemes, chain-letters,
pyramid schemes), or submitting false data on any sign-up
form, contract or online application through registration,
or any fraudulent use of information obtained through the
use of the Plans, including, without limitation, use of credit
card numbers, phone numbers, e-mail addresses, or home addresses
is strictly prohibited.
8.16
Copyright or trademark infringement
The Digital Millennium Copyright Act ("DMCA") sets
forth the law regarding the use of copyrighted materials on
the Internet. All Host Creation customers are subject to the
requirements of the DMCA. Individuals or entities submitting
notifications of copyright infringement by a Host Creation
customer (per the DMCA) to Host Creation must follow the below
procedures. Copyright infringement notifications submitted
to Host Creation according to these procedures will be processed
within 21 days of receipt. Customers who are the subject of
a DMCA notification that meets the below criteria may be subject
to account termination at Host Creation's sole discretion.
DMCA Copyright Infringement Notification Requirements:
* Signature of the copyright owner or a person authorized
to act on the copyright owner's behalf (the "Claimant").
* Identification of the copyrighted work(s) claimed to have
been infringed.
* Identification of the material claimed to infringe the copyright(s),
and enough information for Host Creation to locate it including
URLs and specific descriptions of the infringing material
at each URL.
* The Claimant's name, address, and telephone number(s).
* A statement that the Claimant has a good faith belief that
use of the disputed material is not authorized by the copyright
owner or his agent.
* A statement, under penalty of perjury, that the information
in the notification of copyright infringement is accurate
and that the Claimant is authorized to act on behalf of the
copyright owner.
* Mail the notification to:
Host Creation
200 Jalan Sultan
#03-03 Textile Centre
Singapore 199018 |
