All services are subject to the terms of service and by subscribing, the customer agrees to comply. By placing and continuing to maintain or place data on our servers you are stating and acknowledging that you have read the following Terms and Conditions and that you understand such terms and conditions and agree to be bound by them. You also accept and understand that any violation of this Terms and Conditions & Acceptable Use Policy is ground for us to cancel your service without providing you with any remedy or refunds.
The following agreement is between Justclick Com My Enterprise (“Provider”) and You (“Customer”).
WHEREAS, Provider offers web hosting and web space rental over the Internet through access to its contracted web server WHEREAS, Customer seeks to utilize Provider’s services for its own purposes
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity therefore, Provider can make no guarantee that any given reader shall be able to access Provider’s server at any given time. Provider represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows Terms & Conditions:
1) Acceptable Use Policy
a) This agreement is intended to cover one customer only and is for the sole use of the Cstomer specifically named and does not extend to any other person or entity.
b) This service may only be utilized for lawful purposes and shall not violate any municipal, state, federal statute, or any laws of Malaysia and from the laws of the country where the customer is located. Customer fully accepts that filing of any suits must be in Malaysia and follows the laws of Malaysia. The Provider reserves the right to refuse service to anyone.
c) Customer warrants that all domain names and material submitted will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights, or is liberous, slanderous or harmful. Customer will not transmit unsolicited commercial email [spam mail, bulk mail, mass mail], unethical, abusive materials, including but not limited to pornography, obscene, nudity, violations of privacy, viruses, hacking, profane, racist, gambling or materials protected by trade secrets. Customer must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access.
d) The following activities are not allowed within the server:
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- 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.
- File upload / sharing / archive / backup / mirroring / distribution sites.
- Download site for MP3, MPEG, videos and softwares.
- Making your account resources available (whether for free or pay) to the general public.
- Account which primarily function is to distribute files, media and/or data.
- Account that consistently uses more than 15% of the server CPU resources.
- Sending more than 2,000 emails from your account per day
e) Spamming activities are not allowed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. Provider reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Provider will notify law enforcement officials if the violation is believed to be a criminal offense. Customer acknowledges that he is responsible for any and all SPAM related actions which come from their account. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside the server network.
2) Service & Support Policy
a) The Provider aims to achieve 99.5% web site availability for all customers. Provider expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata yearly charge during the system unavailability. Provider specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Limitation for all credit, remedy, compensation for all guarantee by the Provider is limited to the yearly subscription fee of the Customer for that particular year only.
b) Customer shall not receive any credits or remedy in connection with any failure or deficiency of web site availability caused by or associated with:
- Circumstances beyond the Provider’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed.
- Failure of access circuits to the Provider’s network or it’s upstream providers, unless such failure is caused solely by the Provider
- Scheduled maintenance and emergency maintenance and upgrades
- DNS issues outside the direct control of the Provider
- Issues with FTP, POP, IMAP, or SMTP Customer access
- Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of the Provider’s Terms of Service and Acceptable Use Policy
- E-mail or webmail delivery and transmission
- DNS (Domain Name Server) Propagation.
- Outages elsewhere on the Internet that hinder access to your account. The Provider is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
c) Provider maintains control and ownership of any and all IP numbers and addresses that may be assigned to customer and shall have the sole discretion to change or remove any and all IP numbers and addresses.
d) Provider reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the srvice. When a virus or malware is found, Provider shall delete any email or data and not to notify the Customer.
e) Any enquiry or support requests on the service should be directed to the Provider’s client service email account (email@example.com) or by submitting the Technical Support Form via Client Service Helpdesk at http://billing.malaysiahosting.net/ . Any abuse towards the Provider’s employees will not be tolerated. Customer is expected to request and respond to support and other issues in a professional manner when emailing or through tele-conversation, refrain from any forms of scolding, yelling or verbal abuse. Any intentional disruptive behavior aimed at the Provider or its employees shall be considered a violation of this agreement and the Provider will be the sole arbitrator in regards to what is deemed a violation.
f) At any time Provider believe that the hosting service is being utilized by customer in contravention of any terms of the agreement, delinquent or non-payment of service fees or the traffic on this account causes any kind of network or server problem or disturbance, Provider may immediately terminate service without liability and without refund. For delinquent or non-payment, after cancellation or suspension, shall require an additional 50 per cent of the original fees to re-connect.
a) Once service is ordered and processed, there is no refund if the service is cancelled by customer prior expiry. If Customer terminates this Agreement, Provider will not relieve any obligations to pay fees and costs accrued before the termination date or any other amounts Customer owe to Provider under this Agreement.
b) Provider reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and reimburse to the customer if Provider institutes its right of cancellation. However if the cancellation is due any violation of this Terms and Conditions & Acceptable Use Policy, no refunds will be given nor entertained.
C) In the event of the Provider is not going to offer service contract renewal upon expiry, notice shall be given to the Customer 14 days in advance of the expiry date.
d) If the Agreement expires or is cancelled or not renew for any reason, Provider is not liable to Customer because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with the business, or for any other reason whatsoever flowing from the termination or expiration.
4) Indemnification & Disclaimer
a) Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, against Provider, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Provider’s server, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party copyright infringement and any defective product which Customer sold on Provider Server.
b) Customer is solely responsible for the maintenance and backup of the data stored in the subscribed account. Customer warrants that Provider makes absolutely no warranties whatsoever, express or implied. Customer agrees that Provider shall not be liable for any claims or damages which may be suffered by customer including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions or loss of income caused by the fault or negligence of Provider. Provider is not responsible for any damages by customer’s inability to use the services for any reason.
c) Utilization of data or information sent or received by customer is at customer’s sole and absolute risk. Also due to the nature of the Internet, all information should be considered publicly accessible and important or private information should be carefully treated. Provider is not liable for protection or privacy of electronic mail. Provider makes no guarantee that Customer shall be able to access its server at any given time. Provider specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information.
d) If Provider shall acquire a domain name on behalf of customer, then customer hereby waives any and all claims which it may have against Provider, for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists or registration lists or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Provider for any reason.