TERMS
AND CONDITIONS
0101HOST
(hereafter "Our Company")
provides World Wide Web Page hosting & other related Internet
Services. Our Company reserves the right to suspend or cancel
a customer's access to any or all services provided by our company
when our company decides that the account has been inappropriately
used or otherwise.
Our
company reserves the right to refuse service and /or access to
its servers to anyone.
Our
company do not allow any of the following content to be stored
on its servers:
Illegal
Material - This includes copyrighted works, commercial audio,
video, or music files, gambling site and any material in violation
of any Federal, State or Local regulations & Law.
Adult
Material - Includes all pornography, erotic images, or otherwise
lewd or obscene content. The designation of "adult material"
is left entirely to the discretion of our company.
Warez
- Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of
the above. Also includes any sites which provide "links to"
or "how to" information about such material.
Spamming
- Includes sending promotional emails with links on our server
/ sender's domain hosted in our server to recipients not agreeing
to receive this kind of emails, no matter the e-mail is sent from
our SMTP server or not. The definition of Spamming will follow
the normal US & SpamCop practice.
Chat
Room, Forum, 2-way Message Board & Download Sites (for web
hosting only) - In order to maintain the stability of our server
farms, sites with one or all of the functions above are strictly
prohibited. This restriction is NOT imposed on Dedicated Server
Plan.
Streaming
Activities - Streaming, both with or without copyright held, is
not allowed on our web hosting plan, unless otherwise specified.
BANDWIDTH
USAGE
Our Company may find a customer to be using server resources to
such an extent that he or she may jeopardize server performance
and resources for other customers. In such instances, our company
reserves the right to impose the High Resource User Policy for
the consideration of all customers, stop providing service and
delete the account and all materials immediately.
FAIR
USE POLICY
For
all service provided without a cap notified, a fair use policy
applied. A maximum of 10GB/month transfer can be tolerated on
an unlimited transfer hosting plan, where this standard will be
justified from time to time by our company without further notification.
HIGH
RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Our
Company may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources
available our company reserves the right to suspend that site
immediately. This policy is only implemented in extreme
circumstances and is intended to prevent the misuse of our
servers. Customers may also be offered an option whereby our
company continues hosting the website for an additional fee, but
this is not a necessary service provided from our company.
UPTIME PERFORMANCE PLEDGE
The performance pledge of our services is set to 99.9% uptime,
calculated on the overall services provided by 0101HOST, in
0101HOST’s sole discretion. The following situation will NOT be
regarded as downtime:
(i) periodic scheduled maintenance or repairs undertaken by
0101HOST from time to time; (ii) downtime caused by misuse of
scripts by your site or site(s) on the same server / server
farm. (iii) suspension of your account due to legal action taken
or threatened against You or Your Services; (iv) suspension of
your account due to violations of the Terms and Conditions, as
determined in 0101HOST’s sole discretion, including but not
limited to excessive use of system resources, non-payment or
other billing issues, or identification by the abse team as
fraudulent or otherwise in violation of the Terms and
Conditions; or (v) causes beyond the control of 0101HOST or that
are not reasonably foreseeable by 0101HOST.
PAYMENT
POLICIES
All accounts are set up on a prepay basis. Although our company
reserves the right to change prices of accounts or services at
any time all pricing is guaranteed for the period of prepayment.
Payment is due each anniversary year or month following the date
the account was established. Customers will automatically be charged
again at the end of their prepay period unless closure notification
has already been given.
SECURITY
All applicant will be requested to submit identity card, business
registration or other necessary document(s) after signup to proof
their identity before the account can be activated as advised
by Hong Kong Police for security reasons. Document can be submitted
by fax, or in person in case you wish not to have your copy of
documents retained. No refund will be provided as in the case
no suitable document can be provided by the applicant for verification
purpose. However, the service period will be calculated only after
verification is completed.
COLLECTION
OF PERSONAL DATA
All personal data collected will be used solely for verification
purpose and will be kept confidential. Where possible, 0101HOST
will validate data provided using generally
accepted practices and guidelines.
0101HOST
fully comply with the "Rights of Access
and Correction" obligations of the PDPO.
Under
the terms of the PDPO, individuals have the right to:
- Check
whether 0101HOST holds any personal data relating
to them and, if so, obtain copies of such data;
- Require
0101HOST to correct any personal data relating
to them which is inaccurate for the purpose for which it is
being used; and
- Ascertian
0101HOST's policies and practices in relation
to personal data, which are those policies and practices set
out in their entirety herein.
Please
refer to http://www.0101.hk/pdc.html for
the detail of our Privacy Policy
All domain registrant have to provide correct and valid contact information and the details will be published as requested by ICANN in WHOIS database. ICANN reserves the rights to suspend the domain with invalid contact information without prior notice.
You can choose to enable the function of privacy protection if you do not want to show the data in WHOIS database.
CANCELLATION
AND REFUNDS
Our Company reserves the right to cancel the service at any time.
In this event customers will be entitled to a pro rata refund
based upon the remaining period of membership. Hoever, if a customer
contravenes our company's terms of service a
refund will not be issued in the event of a cancellation.
Fees
charged on a prepay basis are non-refundable. Customers are not
entitled to receive a refund unless the service is cancelled by
our company & they have not voilate this Terms and Conditions.
In addition some accounts incur set-up fees, these charges are
also non-refundable.
DATA
BACKUP
Customer
should do their own backups. our company is NOT responsible for
any data loss due to account cancellation and / or server mal-functions.
No remedy will be provided to client in any case of data loss.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold
our company harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted
against our company, 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 our company against liabilities arising out
of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with our company's
server; (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 customer from
our company's server.
COMMUNICATIONS
Our Company will make use of the e-mail address(es) registered
with us for communications, unless otherwise specified. However,
for password and personal information related issue, only this
e-mail address will be used for verification purpose. It is the
client's responsibility to notify our company if such information
is changed.
DISCLAIMER
Our company will not be responsible for any damages your business
may suffer. Our company makes no warranties of any kind, expressed
or implied for services we provide. Our company disclaims any
warranty or merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, nondeliveries,
wrong delivery, and any and all service interruptions caused by
our company and its employees. Our company reserves the right
to revise its policies at any time.
Our
company reserves the rights to change the Terms and Conditions
without prior notice.
|