Terms and Conditions
This Terms and Conditions ("Agreement") is an agreement between iWebhosting.com.my
and the party ("Customer", "Client", "Member", "you". "your"), and applies to all
services ("Services") ordered by Customer from iWebhosting.com.my. BY COMPLETING
THE SIGNUP PROCESS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL
TERMS AND CONDITIONS INCORPORATED BY REFERENCE. YOUR CONTINUED USE OF THE SERVICES
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. iWebhosting.com.my reserves the
right to terminate this Agreement for any reason or no reason. iWebhosting.com.my
reserves the right to refuse service to anyone.
Service Usage Policy
- Prohibited Uses Profiles
- Customers will be found violated this Policy when the Member, or their parent, subsidiaries,
employees, Customer's users, affiliates, directors, or partners involved in the
one of the following prohibited activities.
- Activities that Abused The Laws
iWebhosting.com.my strictly prohibits the use of our Services in connection with
any illegal activity, including but not limited to the following actions:
- Activies thats involded in, related to drugs activities, illegal gambling, pyramid
schemes, obscene materials, or any other products or services that are against the
applicable law.
- Violations of others's intellectual property and copyright laws. (iWebhosting.com.my
is required by law to remove or block access to content, appearing on or through
the Services upon receipt of proper notice of copyright infringement.)
- Any Activities that involving distribution or creating pornography by using iWebhosting.com.my
hosting services.
- Any activities that involving inappropriate creation of member / website contents
linking sites that aboused iWebhosting.com.my terms and conditions.
- Involved in credit cards fraud cases such as charging credit cards or disseminating
credit card information of third parties without their knowledge / permissions.
- Spamming Activities
iWebhosting.com.my strictly prohibits any spamming activities by / when using iWebhosting.com.my
hosting services. We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated
as spam
- Inappropriate Activities that Abused iWebhosting.com.my Terms and Conditions
- All services provided by iWebhosting.com.my may only be used for lawful purposes.
The State of Texas, and United States Of America apply.
- Any activities that involving inappropriate creation of member / website contents
linking sites
- Distribution and creation of adult pornography content sites
- Not limited to unauthorized copying / downloading of music, books, photographs,
or any other copyrighted work.
- The offer of sale / downloading of any counterfeit merchandise / softwares that
registered under their own trademarks
- Server Abuse
- Customer acknowledged that they share server resources with other Customers on shared
hosting plans.therefore all server resources that allocated from iWebhosting.com.my
are limited for each shared hosting account, which may include, but is not limited
to, CPU and memory usage, number of simultaneous processes, number of simultanous
port or database connections usage, session timeout, and total bandwidth usage.
- iWebhosting.com.my prohibits the creation of websites that will used up to accessive
servers CPU usage that will eventually affects the overall server performance.
- Internet / www Abuse
iWebhosting.com.my prohibits any internet / www abusing activities, including but
not limited to the following:
- Any activities that caused retard and affectes the smoothness operation of iWebhosting.com.my
servers
- Reselling or provide authorized access to CGI scripts on iWebhosting.com.my servers.
- Purposely running third party software, or create contents that may use up excessive
CPU usage, bandwidth, or disk space.
- Plan and Launch Denial of Service (DOS) attack activities on iWebhosting.com.my
or any other Internet users or hosts.
- Hacking activies such as performing unauthorized access to iWebhosting.com.my servers
and network or any other network or user.
- Spoofing, or any other activity to spoofing attempt to abuse or mislead other person
to gain misconceptions about the User.
- Port scanning or any other hacking activities against any server.
- Creation or distribution of virus, worms, Trojan Horses, or any maliciuos computer
files and softwares wit the main aim for disruptive, or destructive purposes.
- Using iWebhosting.com.my service to violate the privacy rights of other person.
- Using Service to store, post, transmit, display or otherwise start an obscene, irritating,
offensive, insulting, slanderous, libelous or threatening languages to others users.
- Planning, subverting, or assisting others to subvert the security of any iWebhosting.com.my
systems.
- Email Abuse Issues
- iWebhosting.com.my prohibits the use of email servers for the activity of mass mailings
or large distribution of emails. Customers should consider of using third party
email services for large volume of email distributions.
- For customers who use excessive email bandwidth allowed as stated in their hosting
plan, iWebhosting.com.my reserves the right to / not to notice the customers or
holds the right to suspends or terminate email services.
- iWebhosting.com.my reserves the right to remove/halt, with or without notice, email
services including pop, forwarding, catch-all, autoresponder that appear inactived
on the email servers.
iWebhosting.com.my General Customers Reponsibilities
- Customer is solely responsible for the all the programming, uploading, maintenance,
quality of their own websites contents.
- Customer will responsible to provide with their most current and accurate contact
information, including but not limited to mailing address, telephone, and email
address to iWebhosting.com.my
- Customer is solely responsible for making sure that the accurancy of the contact
information provided such as contact number and email address. If the customers
useda junk mail filter in their e-mail softwares, they have responsible for making
sure that the iWebhosting.com.my domain is whitelisted, and/or any iWebhosting.com.my
e-mails can be received without ending up in their Spam/Junk/Bulk mail.
- Customer is solely responsible for providing its users with any required information
on their own website.
- Customer is solely and fully responsible for the back up process of their own websites
data. Your use of the service is at your sole risk. iWebhosting.com.my is not responsible
for files and/or data residing on your account.
- In the event of a domain transfer, customer is solely responsible for contacting
and working and configuring the domain name with their domain registrar to transfer
their domain to iWebhosting.com.my as iWebhosting.com.my will provide any relevant
DNS information required for domain transfers.
- In the event of customers registering new domain name, the domain registration are
subject to iWebhosting.com.my's Domain Name Registration Terms and Conditions,
Terms . Customers be able to register new domain name at
Domain Name
- In the case where customers registered new domain names through iWebhosting.com.my
at Domain Name, the customer is solely responsible
for proactively managing their domain, including transferring the domain to another
domain registrar and the type of payment actions for renew domain name process taking
place.
- iWebhosting.com.my Customers Reponsibilities : Shared Windows Hosting/ ASP.NET
Hosting
- Clients must take full responsibility for the website content that created and published
on the internet by using iWebhosting.com.my hosting servers.
- Any content related / contained contents that abused iWebhosting.com.my "Service
Usage policies" will resulting the hosting account to the suspended or terminated.
- Clients on Shared Hosting are not allowed to resell the shared Windows / ASP.NET
hosting account to other third parties. However, if reselling hosting account taking
place, it is advisable for client to register for iWebhosting.com.my Reseller Windows
/ ASP.NET hosting accounts.
- Clients acknowledge that he / she must take full responsibility for the data back
up process, and maintain all the data backup themselves.
- iWebhosting.com.my Customers Reponsibilities : Reseller Windows Hosting/ Reseller
ASP.NET Hosting
- Each Resellers are responsible for supporting their own clients. iWebhosting.com.my
does not provide support to our Reseller's Clients.
- All support requests must be made by the reseller on their clients's behalf for
security purposes.
- Resellers are also responsible for all content stored or transmitted under their
reseller account and the actions of their clients activities on the hosting accounts.
- iWebhosting.com.my will hold any reseller responsible for any of their clients actions
that violate the law or the terms of service stated in terms and conditions.
- iWebhosting.com.my Customers Reponsibilities : Windows Dedicated Servers Hosting
- iWebhosting.com.my reserves the right to audit servers from time to time as needed
and to perform administrative actions at the request of our datacenter.
- Dedicated Servers are not backed up by iWebhosting.com.my and it is clients responsibility
to back up all the data on the dedicated servers.
iWebhosting.com.my Hosting Plan Setup
- New Hosting Account Setup / Registration
- iWebhosting.com.my will setup your new hosting plan account after we have received
payment to ensure the validity of the new clients information to prevent fraud cases.
- It is your responsibility to provide us with an email address which accurate, active
and up-to-date. Providing false contact information of any kind may result in the
termination of your account. If there is ever an abuse issue or iWebhosting.com.my
need to contact you, the primary email address on file will be used for this purpose.
- New Web Hosting accounts involving new domain name registrations will be set up
and entered into our DNS servers within 12 hours, however, due to the nature of
Domain Name Servers, your domain might not be accessible for a period of up to 48
hours.
- Hosting Account Transfers
- iWebhosting.com.my technical and customers support teams will make every effort
to help new clients move their site to us. Customers shall ackowledge that all the
hosting account transfers are provided as a value added service, and iWebhosting.com.my
can not guarantees all cases regarding the availability, possibility, or time required
to complete an account transfer and usability of the particular hosting accounts.
- Each hosting company is configured differently, and some hosting platforms save
data in an incompatible or proprietary format, which may make it extremely complicated
or even in some circumstances impossible to migrate some or all hosting account
data.
- New Domain Name Registration
- Under this term and condition, customer has the option, through the Order Form or
as part of an addon service activation or domain switch, to request iWebhosting.com.my
to register a new domain name on behalf of the Customer. For registering new domain
name with iWebhosting.com.my, Customers acknowledge that new domain name should
be registered at Domain Name .
- iWebhosting.com.my will not be responsible if the new domain name choosen by a customers
is not available.
- On behalf of the domain registration fees, cutomers understand that it will not
be refundable.
- Domain Name Transfers
- Customer represents to iWebhosting.com.my that they have the authority to manage
their existing domain name. Customer understands that iWebhosting.com.my will provide
necessary information, including iWebhosting.com.my DNS Server information, to the
customers to manage the existing domain name transfer process. However, the domain
name transfer process is the sole responsibility of the Customer.
- Customer understands that such domain names are registered with or through third
parties and the Customer must contact or configure the domain transfer process via
third party domain registrar web interface DNS configuration.
- Customer acknowledge that DNS transfers will take from 24 hours to 72 hours before
the domain name is usable and for the new DNS information to propagate through out
the internet.
- Domain Name Renewal Process
- Customer agrees that iWebhosting.com.my will automatically renew domain name annually
(at the end of the 12th months) and charge the Customer the annual domain name registration
fee as stated in the iWebhosting.com.my domain fees registration form at
Domain Name . This will be an exception case if customers cancelled / deactivated
the domain account before the domain renewal date.
- iWebhosting.com.my holds full right ot cancel and terminate one domain name account
if the customers failed to make a payment to renew the domain name at the expired
timeline given.
- Customers still have the alternative to own back the terminated domain names. This
can be done by submit a request ot iWebhosting.com.my and an extra service charges
will apply plus the domain name annual fees.
Hosting Account Payment
- iWebhosting.com.my Service Payments
- All payments for services provided by iWebhosting.com.my are quotes in US Dollars
Currency($USD) and it are all based on a pre-pay basis.
- Customers will make the payment according to the price list that quoted to specific
services that offered on iWebhosting.com.my websites.
- All successful payment that received by iWebhosting.com.my all not refundable with
the exceptions of services that included with the "First" 30 days money back guarantees.
- Hosting Account Payments
- All billing and account related queries should be sent to
http://helpdesk.iWebhosting.com.my Due to lots of spams we receive, we
no longer monitor any incoming email to all our email accounts. All the enquiries
should be lodged inside our help desk system.
- All our Product Prices quoted are in, US Dollars, $USD
- Client agrees to a once off set up fee and an Annual Payment as agreed (dependant
on chosen hosting package) for Web Hosting Services. In addition setup fees may
be charged for additional services as per prices indicated at
http://www.iWebhosting.com.my If the Client exceeds the transfer limit
imposed by their chosen hosting package, the Client will be charge with additional
fee as shown on our package page.
- Payment can be made by credit card , Electronic Transfer Fund(EFT) and in accordance
with the terms on the iWebhosting.com.my invoice which will be forwarded to Client
by electronic mail (E-mail).
- iWebhosting.com.my reserves the right, in its sole discretion, to deactivate the
Clients Web Hosting account(s) upon an indication of credit problems including delinquent
payments
- Credit Cards Payments
- iWebhosting.com.my accepts Visa, MasterCard. Customers opting to pay by credit card
agree to have payments deducted automatically by iWebhosting.com.my's Automated
Billing System.
- All initial charges such as set-up fee and monthly fee (based on pro-rata) are billed
on same day or next working day without fail, unless by decision of the iWebhosting.com.my
Management only who will deduct requested payable extras at any time at their own
convenience.
- Client will receive a notification by electronic mail for renewal of Package payment
no less than 1 weeks prior to renewal date of Annual Payment.
- A late charge of $10.00 USD will be applied after 7 days from the due date of any
late Payment. If payment is not received by iWebhosting.com.my within 5 days of
the due date, iWebhosting.com.my has the option of terminating the Client's Web
Hosting Services.
- Monthly payments with a credit card will ensure that your account is not deactivated
due to lost mail or other unforeseen problems. All accounts are paid at least 1
month in advance.
- iWebhosting.com.my will automatically deduct regular monthly fees from your nominated
credit card, on each Billing Day, which is usually at the beginning of the current
month, without fail, unless by decision of the iWebhosting.com.my Management only
who will deduct requested payable extras at any time at their own convenience.
- iWebhosting.com.my will also deduct any additional costs incurred due to usage of
additional services such as custom name-servers etc. on the same or next working
day without fail, unless by decision of the iWebhosting.com.my Management only who
will deduct requested payable extras at any time at their own convenience.
- iWebhosting.com.my will also impose extra cost on any additional usage of the bandwidth
and disk space. For the bandwidth extra and the disk space fees, please refer to
our hosting package page.
- Renew Prepaid Account Payments
- All iWebhosting.com.my customers will be able to view the prepaid hosting account
details on the hosting account control panel system.
- Customers who paid prepaid account with credit card previously will be charge automatically
to renew the prepaid accounts with the same terms.
- All the prepaid account will be renew automatically at the last month from the prepaid
account expiration date.
- It is clients' responsibility to keep their credit card details up to date all
the time and if they do not wish to continue, they have to request the cancellation.
- For prepaid accounts paid by checks/cheques and/or electronic transfers, It is clients
responsibility to arrange the payment before expiry of the prepaid term. Prepaid
account paid by the cheque/check or electronic transfer after the expiry of their
prepaid term will be suspended including all web sites and emails. Once the account
is suspended, it may incur a suspension fee and/or late payment fee
- Products / Services Price Change
- The amount that customers paid for hosting will never increase from the date of
purchase. iWebhosting.com.my reserve the right to change prices listed on iWebhosting.com.my,
and the right to increase the amount of resources given to plans at any time.
Hosting Account Cancellation
- Account Cancellation
iWebhosting.com.my allows its customers to cancel their
account whenever required. To cancel an account please login to our helpdesk system
at https://services.iWebhosting.com.my
- Monthly Prepaid Account Cancellation
- Once the account is signed and set-up, the set-up fee and first month fee are not
refundable. If you are not sure about any feature or its version supported, or have
any other doubt, please contact iWebhosting.com.my at Contact
Us before signing an account.
- As mentioned above, all monthly accounts are charged one month in advance at the
end of the running month. Fees charged for a particular month are non-refundable.
- Therefore all cancellation requests must be received on or before the 24th of the
running month to avoid a monthly fee for the next month. Cancellations requests
received after the 24th may incur the next month's fee and not refundable.
- 6 Months or 12 Months or 24 Months Prepaid Account Cancellations
- iWebhosting.com.my only provides 30 days money back guarantee on all our hosting
plan. Customer who cancel their account before 30 days will get a full refund minus any setup fee or domain registration fee.
- After 30 Days of Hosting, There will be no refund provided for the remaining of your hosting package.
- 30 Days Money Back Guarantee
- The 30 Days Money Back Guarantee only applicable to Shared Hosting Account only. Domain Registration and Other type of services will not have this guarantee unless it is noted on the website.
- 30 Days Money Back guarantee means that iWebHosting.com.my will fully refund 100% of your money within 30 days of using our hosting services excluding the setup fees, any domain registration fees add-on/upgrade fees and overages.
You can request for cancellation on our SUPPORT Page and the request should be received before 30 days of your hosting signup date. Any cancellation request received
after 30 days of service will not have the money refunded.
- Hosting Add-ons Cancellation and Refund Policy
iWebhosting.com.my do not provide any refund for any kinds of Add-ons you purchased for your hosting plan. Clients acknowledge that it is their full responsibility for deciding which suitable Add-ons module to purchase. Clients can contact our helpdesk at helpdesk system at
https://services.iwebhosting.com.my/ for any advices on Add-on modules.
- Disputed Billing Issues
- In case of billing error or disputed transaction, the client must contact us at
our helpdesk system at https://services.iWebhosting.com.my
for an initial appraisal.
- If, in any case of billing error or disputed transaction, bank "Charge back" is
initiated, your account including web sites and emails may be suspended without
any notice and all services will remain suspended until the dispute is resolved.
- Once the charge back is initiated, you may have to send the authorization letter
along with your photo ID to resolve the issue. Each charge back initiated will incur
$12.00 charge back fee per transaction.
- Charge backs are in most cases made fraudulently and will be pursued fully, by parties
including Debt Collection and Legal.
Terms and Conditions Changes
iWebhosting.com.my reserves the full rights to modify these Terms and Conditions
in any way and as required. Notice of such changes will be delivered to users via
postings on iWebhosting.com.my's Web Site and email. A customer choose to continue
usage of Web Hosting Services indicates that he / she agree for the acceptance of
the Terms and Conditions in their amended form.
Products and Service Changes
iWebhosting.com.my reserves the full rights to "add", "delete" or "modify" all the
products or services offered on iWebhosting.com.my website. Notifications will be
given to customers if one of the service or products changes will apply to the existing
or prospect customers.
Terms and Termination Policies
- All the terms and conditons stated will be effective when a customers ordered one
or more products and services on the Effective Date indicated in the account activation
order form ("Order Form") and continue for the duration of the term set forth in
the Order Form ("Initial Term").
- The terms and agreements will be automatically renewed after a successful terms
choose by customers on "Hosting Renewal" on control panel.
- Both party have the authority to terminate the terms and agreement anytime on the
one of the following cases: (1) Customers failed to make precise payment for the
products or services renewal according to the respective terms when the subscription
period due. (2) Clents abused / violated services against any statements on terms
and conditions.
- iWebhosting.com.my will terminate the terms on one of the following cases, (1) If
the products and services provided are against the applicable law, (2) If the services
are not viable and unusable, (3) As part of remedial actions.
- If Customer cancels the Agreement prior to the end of the contract term or after
the initial 30 daysmoney back guarantee active period, iWebhosting.com.my will not
refund to Customer any Service and Products Fees advance of termination. Customer
understand that they are obligated to pay all Service Fees and charges accrued until
to the effective termination date.
- iWebhosting.com.my reserves the right to modify these Terms and Conditions in any
way and as required. Notice of such changes will be delivered to users via postings
on iWebhosting.com.my's Web Site and email. Continued usage of Web Hosting Services
indicates your acceptance of the Terms and Conditions in their amended form.
Domain Registrar Changes
- For all the domain that has been registered through our Domain Registration System.
iWebhosting.com.my does not lock the domain. Customer can transfer the domain registrar
anytime as they like to other registrar. However, iWebhosting.com.my does not refund
for any domain registration fees.
Bandwidth Usage
- Every customers are allocated with a monthly bandwidth allowance. The maximum bandwidth
allowance are different according the hosting plans.
- If customer monthly bandwidth usage exceeded the monthly bandwidth allowance, iWebhosting.com.my
reserves the right to, (1) suspend the hosting account until the next month for
the start of the new bandwidth allocation, (2) suspend the hosting account unti
additional bandwidth allocations fees are paid, (3) suspend the hosting account
until a higher package of hosting account or equivalent are being registered, (4)
terminate the hosting account or charging additional hosting fees for over usages.
- However, unused or unexpoilted bandwidth use on the current month are not possible
to carry on to the next month.
Money Back Guarantee
- Each of iWebhosting.com.my managed shared Windows / ASP.NET hosting plans and reseller
ASP.NET hosting plasn carry a 30 day unconditional money back guarantee. If you
are not completely satisfied with our services within the first 30 days of your
service, you will be given a full refund of the contract amount.
- The money back guarantee are effective only for monthly shared or reseller packages.
The money back guarantee does not comply with administrative fees, install fees
for custom software, or domain name purchases.
Servers Uptime Guarantee
- The uptime of the server is defined as the reported uptime from the operating system
and the Windows Web Server which may differ from the uptime reported by other individual
services.
- Third party monitoring service reports may not be used for justification due to
a variety of factors including the monitor's network capacity/transit availability.
- Due to the nature of the service provided, an interruption could occur for many
reasons beyond iWebhosting.com.my's negligence. Damages resulting from any interruption
of service are too difficult to ascertain. iWebhosting.com.my shall not be liable
for any damages that arise from such causes. iWebhosting.com.my's liability
for its own negligence may not in any event exceed an amount equivalent to charges
payable for your specific hosting plan during the period damages occurred.
Trademarks and Copyrights
- Client warrants that it has the right to use the applicable trademarks of Client,
and grants to iWebhosting.com.my the rights to use such trademarks, if any, in connection
with iWebhosting.com.my's promotion of, referencing of, cataloging of, or indexing
of iWebhosting.com.my's Web Hosting clients.
- Client hereby agrees that any material submitted for publication on iWebhosting.com.my
through Web Hosting Services received by the Client will not violate or infringe
any copyright, trademark, patent, statutory, common law or proprietary rights of
others, or contain anything libelous or harmful.
Data Backups
- iWebhosting.com.my makes full backups every week, and backups of new and changed
data every night. No guarantees are made of any kind, either expressed or implied
as to the integrity of these backups.
- Backups are made for server restoration purposes only. It is your responsibility
to maintain local copies of your web content. If for any reason a loss of data occurs,
we will attempt to do our best to recover such data. We reserve the right to delete
user's files after one or both parties terminates agreement.
Indemnification
- Customer agrees that it shall defend, indemnify, save and hold iWebhosting.com.my
harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against iWebhosting.com.my its agents, its
customers, 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 iWebhosting.com.my against
liabilities arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with iWebhosting.com.my; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any defective products sold
to customers from iWebhosting.com.my's server.
Limitation of Liability
In no event shall iWebhosting.com.my be liable for damages resulting from loss of
data, profits, or for any incidental, indirect, punitive or consequential damages
in connection with these terms and conditions or in connection with any web hosting
account. In no event iWebhosting.com.my cumulative liability exceed an amount equivalent
to charges payable for your specific dedicated hosting plan during the period damages
occurred.
Arbitration
- By start using any iWebhosting.com.my services, you agree to submit to binding arbitration.
If any disputes or claims arise against iWebhosting.com.my or its subsidiaries,
such disputes will be handled by an arbitrator of iWebhosting.com.my choice. If
in the case of involve arbitration attentions, an arbitrator from the state of Texas
will be selected for the arbitration process.
- Arbitrators shall be attorneys or retired judges and shall be selected pursuant
to the applicable rules. All decisions rendered by the arbitrator will be binding
and final. The arbitrator's award is final and binding on all parties. The Federal
Arbitration Act, and not any state arbitration law, governs all arbitration under
this Arbitration Clause. Customers are also responsible for any and all costs related
to such arbitration.
Disclaimer
iWebhosting.com.my shall not be responsible for any damages business might encounter.
iWebhosting.com.my makes no warranties of any kind, expressed or implied for services
we provide. iWebhosting.com.my disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays, no deliveries,
wrong delivery, and any and all service interruptions caused by iWebhosting.com.my
and its employees.
Disclosure to law enforcement
- iWebhosting.com.my may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful request from
such agencies.
- iWebhosting.com.my will cooperate fully with law enforcement agencies.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its
obligations under this Agreement (other than failure to make payments when due)
if such default or delay is caused, directly or indirectly, by forces beyond such
party's reasonable control, including, without limitation, fire, flood, acts
of God, labor disputes, accidents, acts of war or terrorism, acts of government
or other legal order, interruptions of transportation or communications, supply
shortages or the failure of any third party to perform any commitment relative to
the production or delivery of any equipment or material required for such party
to perform its obligations hereunder.
Assignment and Successors
Customer may not assign or transfer this Agreement, or any of its rights or obligations
hereunder, without the prior written consent of iWebhosting.com.my Any attempted
assignment in violation of the foregoing provision shall be null and void and of
no force or effect whatsoever. iWebhosting.com.my 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.
Entire Agreement and Severability
All rights and restrictions contained in the Agreement may be exercised and shall
be applicable and binding only to the extent that they do not violate any applicable
laws and are intended to be limited to the extent necessary so that they will not
render this Agreement illegal, invalid or unenforceable. If any provision or portion
of any provision of this Agreement shall be held to be illegal, invalid or unenforceable
by a court of competent jurisdiction, it is the intention of the parties that the
remaining provisions or portions thereof shall constitute their agreement with respect
to the subject matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
Independent Contractor
iWebhosting.com.my and Customer are independent contractors and nothing contained
in the Agreement places iWebhosting.com.my and Customer in the relationship of principal
and agent, partner or joint venturers. Neither party has, expressly or by implication,
or may represent itself as having, any authority to make contracts or enter into
any agreements in the name of the other party.
Internet Etiquette
- Due to the public nature of the Internet, all information should be considered publicly
accessible, and important or private information should be treated carefully. iWebhosting.com.my
is not liable for protection or privacy of electronic mail or other information
transferred throughout the Internet or any other network iWebhosting.com.my or its
customers may utilise.
- Use of distribution lists via unsolicited electronic mail or other electronic mailings
is strictly prohibited. iWebhosting.com.my reserves the right to deactivate the
Client's Web Hosting account(s) upon an indication of such activity. Client hereby
agrees to indemnify and hold harmless iWebhosting.com.my from any claim resulting
from the Client's or another party's use of electronic mail service(s) on the Clients
Web Hosting account(s).
- SPAM: We do not allow, condone or support SPAM (Sending of unsolicited email advertisements).
- Spam Violations include but are not limited to: bulk mailing of commercial advertising,
charity requests, petitions, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your domain. Forging,
altering or removing electronic mail headers is prohibited.
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion
groups and on most e-mail mailing lists. Inappropriate posting may result in account
cancellation. See the newsgroup or mailing list's charter for whether advertising
is allowed or not. "Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.
- Providing spamware: (software used to send bulk email or software used to harvest
email addresses) or links to sites providing spamware is strictly prohibited and
subject to demand for removal or account cancellation. Using FormMail (form to email
software): We allow the use of and provide use of pre-installed scripts like formmail,
but due to spamming and abuse of such software by spammers, we request clients use
our pre-installed scripts which we keep up-to-date. A client is permitted to install
their own form to email script, however they are then responsible for its use and
if we find it is out of date and/or is being used by spammers, we deserve the right
to disable the script. Summary: Spamming, or the sending of unsolicited email, from
our server or using an email address or domain that is maintained on our machine
as reference is STRICTLY prohibited. We will be the sole arbiter as to what constitutes
a violation of this provision.