This Terms of Service is executed between GIGABIT HOSTING SDN BHD (“GIGABIT”) and “Customer”, and the person(s) (individual or legal person) whom has acknowledged acceptance of GIGABIT ‘s service order and set up form (the “Order”) incorporated as an integral part of this Agreement by reference (“Customer”). This Agreement governs Customer’s use of GIGABIT ‘s service.
Table of Contents
- Domain Name Registration
- Web Site Hosting and Email
- Service Availability
- Limitation of Liability
- Torturous Conduct
- Cancellation of Service
- Entire Agreement
- Freedom to use these Terms
GIGABITHOSTING SDN BHD Terms of Service:
Where the content states: “We” shall include GIGABIT or any party(s) acting on GIGABIT ‘s implicit instructions. “You” shall include the person or person(s) purchasing the services and/or any party(s) acting on the customer’s instructions. “Member” shall include the purchaser of the services or any party acting on the purchaser’s instructions. “The Registrant” shall include the person(s) applying for a domain name and/or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain’s naming Registry. “Server” means the computer server equipment in connection with the provision of the Services rendered. “Web Site” means the slot provided on the Server allocated to You to be for the purpose of intended of use by Customer “You” as a site on the Internet. “TOS” includes this agreement.
In consideration of the mutual covenants herein stated, the parties agree to the following terms, which shall be enforced throughout the duration of this agreement.
- Domain Name Registration
1.1 We make no representation that the domain name that You wish to register is capable of being registered by or for You or that it will be registered in Your name. You shall not therein assume successful registration of the intended domain name (s)You until You received notified that it has or they have been successfully registered at the domain registry. Any act of presumption of successful registration of the domain name(s) prior to the notification shall be taken by You at Your own risk and GIGABIT shall not be held responsible;
1.2 The registration and use of Your domain name is subjected to the terms and conditions of use applied by the relevant naming authority; kindly take time to You read and understand the terms and conditions You which are binding against You. The power of approval of any domain name registration lies solely with the naming authority and that GIGABIT shall not be responsible and that You shall not make any claims against GIGABIT in You respect of any rejection of the naming authority to register Your intended domain name. Any administration fees paid You to us for the purpose of registration process shall be on a non-refundable basis, notwithstanding the naming authority refusal to approval registration of Your desired domain name;
1.3 We shall not be liable in respect of the use the domain name by You; any dispute arises between You and any 3rd party or person shall be at Your sole responsibility to resolve with the parties concerned. In the event of such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We are obligated to respond to the naming authority and/or the law enforcements on information pertaining to confirmation details of the domain registration only, and we shall not be make parties to the said dispute;
1.4 We are not obligated to release any domain to another provider unless and except upon receiving full payment for that domain.
- Web Site Hosting and Email
2.1 We make no representation and offers no warranty as to the accuracy and/or quality of information received by any person via the Server and we shall not be liable for any loss or damage to any data stored on the Server;
2.2 You shall be solely responsible to effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server;
2.3 You represent, undertake and warrant to us that You shall use the Web Site allocated to You only for lawful purposes; You
2.3.1 You shall not use the Server in any manner which could in any manner infringes any laws or regulations or use of information or data which infringes the rights of any third party or intellectual property on another; nor will You authorize or permit any other person within Your company or 3rd party to do so on Your behalf;
2.3.2 You shall not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by GIGABIT in any way (b) any material containing a virus or other hostile computer programs (c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;
2.3.3 You shall not attempt to send bulk email, whether opt-in or otherwise, from our network. Nor will You promote a site hosted on our network from using bulk email;
2.3.4 You will not deploy any programs which deemed to consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs;
2.3.5 In the event that You surpass Your allotted disk/bandwidth usage as set forth in Your purchased plan, You have agreed up front to purchase excess in blocks as set forth in our “plans” section. Payment for the excess blocks must to be paid immediately and non-disputable;
2.4 We reserve the right to remove any material which we deem inappropriate from Your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content;
2.5 You shall keep secure any identification, password and other confidential information relating to Your account and shall notify us immediately of any known or suspected unauthorized use of Your account or breach of security, including loss, theft, or unauthorized disclosure of Your password or other security information;
2.6 You shall observe the procedures which we may from time to time prescribe and shall refrained from using the server in such way which may cause interferences or technical glitches which may affect other customers;
2.7 Members utilizing free hosting shall exclude themselves from promotions offering accorded to paying Members;
2.7.1 Members utilizing free hosting shall display a banner provided by GIGABIT;
2.8 You shall ensure that all mails are sent in accordance within the applicable legislation (including data protection legislation) and in a secure manner;
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site;
2.8.2 It is contrary to GIGABIT ’s policy for Members to use our servers, to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are deemed off-topic in according to the charter or other owner-published FAQ or description of the group or list. To send unsolicited mass e-mailings, where such unsolicited e-mailings may cause or caused complaints from the recipients. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through GIGABIT provided server, or using GIGABIT provided server as a mail drop for responses. Providing falsified user’s information to GIGABIT and/or to other users of the services with connection of usage of GIGABIT’s service;
2.8.2(a) Consequences of Violation: GIGABIT In the event of an alleged violation of GIGABIT Acceptable Use Policy, GIGABIT shall initiate an investigation to determine the alleged violation. During the investigation GIGABIT may restrict Member’s access in order to prevent further possible unauthorized activity or cause or caused to data loss. Depending on the outcome of the investigation and the severity of the violation, GIGABIT may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies if applicable. If such violation is deemed a criminal offense, GIGABIT will report and notify the appropriate law enforcement department for their further investigation and action to taken;
2.8.2(b) You shall be liable for any and all costs incurred by GIGABIT as a result of You breaching the terms and conditions. This is cost shall include, but not limited to, legal cost and costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. GIGABIT ‘s current hourly rate for Postmaster responses to complaints and clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is RM 400.00 per hour, with a minimum one (1) hour charge, plus RM 5.00 for each bulk-email or Usenet message sent, plus RM 5.00 per complaint received;
2.8.3 GIGABIT does not practice issuing service credits for any outages incurred through service disablement resulting from Policy violations;
2.9 Any access to other networks connected to GIGABIT must be compliance with the appropriate rules for those other networks;
2.9.1 GIGABIT will use every reasonable endeavor to ensure the integrity and security of the Server, however, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall not be liable for any non-receipt or misrouting of email or for any other failure of email processes.
- Service Availability
3.1 We shall use our reasonable endeavors by standard industry practice to ensure our services is available to You at all times, however, we shall not, in any event, be liable for interruptions of Service or down-time of the Server in the event such interruptions occur which are beyond GIGABIT’s control;
3.2 We shall have the right to suspend the Services any time and for whatsoever reason, generally without notice, however, if such suspension were to continue for more than 7 days, You will be duly notified with the reason of suspended services;
3.3 The Services subscribed You and Your account cannot be transferred, assign or used by anyone other than You alone only. No more than one log-in session under any one account may be used at any time by You. If You have multiple accounts, You are limited to one login session per system account at any time; user programs may be run only during log-in sessions. In the event You that Your account is found to breached the conditions of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately;
4.1 All charges payable by You for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be payable in advance. We reserve the right to change or update the pricing at our discretion even though all pricing quoted is guaranteed for the period of pre-payment;
4.2 Payment is due on or before the expiry date of the month, quarter or year following the date the Services subscribed or unless notice of termination or non-renewal is received one (1) months before the expiry date. If You choose to pay by credit or debit card You are to authorize GIGABIT to debit Your account renewal fees from Your card;
4.3 All payments must be made either in US Dollars (USD) or Ringgit Malaysia (RM);
4.4 If Your payment is made by way of issuance of cheque and in the event that the cheque You is returned by the bank as unpaid for whatsoever reasons You shall be liable for a “returned cheque” charge of $USD 45/RM 153;
4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to You.
5.1 In the event that You fail or refused to pay or settle the overdue sum due after the grace period, we may suspend the Services and/or terminate this Agreement forthwith without notice to You;
5.2 Any breached of You these terms and conditions, we may suspend the Services and/or terminate this Agreement forthwith without notice to You;
5.3 In the event customer is You a company and have You gone into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with Your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to You;
5.4 GIGABIT strictly practice a non-refund will be made for Services suspended, pre-mature cancellation or termination of services;
5.5 You may appeal against the non-refund policy by written notice; however, it is at the full discretion of GIGABIT to consider its merits and its decision shall be final; You
5.6 You may cancel the Services at any time, however, the non-refund policy shall applicable, safe and except only to clauses and sub clauses of 5.7 stated below;
5.7 During the first 7 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, server co-location, virtual private server (VPS), clustered server, dedicated server, data transfer fees, IP addresses and any software licenses fees should You decide to cancel the Services. You will not be entitled to a refund on this basis if You have previously had an account with GIGABIT and with unpaid overdue invoice(s);
5.7.1 During the first seven days of service You are entitled to a full, no questions asked refund excluding as set forth in 5.7. For the remaining time Your refund will be prorated and factored at the full discretion of GIGABIT;
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card;
5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block Your Web Site and to remove all data located on it.
6.1 You shall indemnify us and continue to keep us indemnified and hold harmless against us from and against any breach You these terms of business and any claims or suit brought against us by a third party resulting from the provision of Services therein You and the use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of Your breach or non-observance of this Agreement.
- Limitation of Liability
7.1 All conditions, terms, representations and warranties relating to the Services under this Agreement, whether imposed by statute or operation of laws or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause;
7.2 Nothing in these terms and conditions shall exclude our liability for an incident of death or personal injury resulting from our negligence.;7.3 Our total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by You in respect of the Services which are the subject of any such claim;
7.4 In any event no claim shall be entertained, unless You have notified us of the claim within one year of it arising;
7.5 Under no circumstances, shall we be liable to You for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;
7.6 You are solely responsible for monitoring Bandwidth and Diskspace usage of Your site. This is easily done from Your Control Panel. If You go over the amount indicated in Your current plan; You will be able to assessed a surcharge as set forth in our pricing structure.
8.1 Any notice shall be by way of written notice service to the other party by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
9.1 The support feature of our service at present time consists of our Support System solving server related problems only;
9.2 Support can only be addressed in English though our Support System;
9.3 Your Links will be available on our website to excess to all the information to get Your web site up and running. All information pertaining to Your account should have been included in the Welcome Email or Letter You received when we created Your account;
9.4 All Support requests are to be processed through our Support System. Any other request for support will be considered a breach of our TOS.
10.1 This Agreement shall be governed by and construed in accordance with the Laws of Malaysia. You hereby submit to the exclusive jurisdiction of the GIGABIT Malaysian courts.
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
- Torturous Conduct
12.1 There shall be NO posting or attempt to post any defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights;
12.2 Any abuse towards GIGABIT employee(s) will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing GIGABIT or utilizing the Ticket Desk Support System, kindly refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at GIGABIT or its employees shall be considered a violation of this TOS;
12.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards GIGABIT or any of its employees, partners, equipment, and concerns shall be construed as a violation of this TOS;
12.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. GIGABIT will be the sole arbitrator in regards to what is deemed an act of violation;
12.5 No refunds shall be entertained, as per our non-refund practice.
- Cancellation of Services
13.1 You may cancel the Services at any time by logging into Your GIGABIT Member Services Control Panel, at least 15 (fifteen) days prior to expiration of Your current term and requesting cancellation. Services cancelled after this time period will remain until the end of the next billing cycle. If You do not have an active GIGABIT account, please contact us at [email protected];
13.2 Only accounts cancelled in the above manner are honored. Non-usage will never be considered cancellation. Further outlined in Section #5 above.
- Entire Agreement
14.1 These terms and conditions together with any documents expressly referred to, contained the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, You have not relied on any representation other than those expressly stated in these terms and conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement;
14.2 GIGABIT reserves the right to amend the terms of the TOS any time as it deemed necessary as part of updating exercise;
14.3 It is Your responsibility to check these Terms of Service on occasion for any such amendments.
- Freedom to use these Terms You (anyone viewing this page) are free to use these terms as a template for Your own. Please have it reviewed by a local attorney to make certain it conforms with Your applicable laws. You will also wish to confirm that the terms You create using this form as a template conform to Your upstream provider;
15.1 GIGABIT releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (15.3);
15.2 GIGABIT shall not be responsible for any inconvenience or damages or any actions arising out of You re-using of these terms at Your own risk;
15.4 Our release of this text material is not an assigning of GIGABIT’s rights of any images viewed herein.