Service Agreement for Web and Email Hosting
The following agreement is between XGEN Technologies Sdn Bhd (“XGENTECH.COM”) and You (“client”).
WHEREAS, XGENTECH.COM is an information provider connected to the Internet. XGENTECH.COM offers web hosting and email server hosting services over the Internet through access to its Web Server; WHEREAS, Client seeks to utilize XGENTECH.COM’s server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, XGENTECH.COM can make no guarantee that any given reader shall be able to access XGENTECH.COM’s server at any given time. XGENTECH.COM 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:
A) Financial Arrangements
| 01. | Client agrees to a minimum one (1) year contract, beginning upon XGENTECH.COM’s receipt of payment for the first year of service. |
| 02. | First year payment plus setup charges, if any, shall be due in advance of service. Whilst our pricing may be broken down to a monthly figure, all accounts are payable yearly in advance. The account cannot be transferred or used by anyone other than the subscriber. |
| 03. | This agreement will automatically renew for successive one (1) year period unless canceled in writing 14 days prior to the quarterly renewal date. Written notice may be by postal, the XGENTECH.COM form or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions. |
| 04. | Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. Payments may also be made by cheque. Returned cheques are subject to a RM50.00 returned cheque fee. |
| 05. | Accounts that have unpaid invoices more than 7 days past the renewal date will be suspended without notice until the account is brought current. XGENTECH.COM reserves the right to terminate the account and delete the files. XGENTECH.COM reserves the right to apply a RM50.00 reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due. |
| 06. | In any case where Client has exceeded the allocated free quota of web space, XGENTECH.COM reserve the right to bill the extra web space used accordance with the standard price list. |
| 07. | Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. |
B) Taxes
XGENTECH.COM shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or XGENTECH.COM’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
C) Material and Products
XGENTECH.COM will exercise no control whatsoever over the content of the information passing through the network except for what is noted in Section X of this agreement. XGENTECH.COM will not host any material that is, in XGENTECH.COM sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Please contact XGENTECH.COM if uncertain of the nature of your content. XGENTECH.COM makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
XGENTECH.COM also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of XGENTECH.COM is at the Client’s own risk, and XGENTECH.COM specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. XGENTECH.COM expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. XGENTECH.COM specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Client may not run background processes on XGENTECH.COM’s servers. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.
D) Trademarks & Copyrights
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
E) Age
The Customer certifies that he or she is at least 18 years of age.
F) Internet Etiquette
| 01. | Electronic forums such as mail distribution lists all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of XGENTECH.COM may not be used to impersonate another person or misrepresent authorization to act on behalf of others or XGENTECH.COM. All messages transmitted via XGENTECH.COM should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. |
| 02. | XGENTECH.COM does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension and/or termination of the account. |
| 03. | ALL software and files uploaded must follow the standard Internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. XGENTECH.COM reserves the right to delete those files. |
| 04. | Clients may not use the account as storage facility or as a download site for MP3, softwares, offer free emails, free websites, free banner exchange services or any large scale free services. Customer may also not run any kind of chat script or create any kind of chating site using the hosting service. |
G) Privacy
XGENTECH.COM will make every effort to protect the privacy of XGENTECH.COM’s clients. XGENTECH.COM will not reveal personal information regarding its clients. XGENTECH.COM cannot however protect privacy through the Internic registration database as this information is open to the public.