The terms below are an important part of the service contract between you and Techbyte (M) Sdn. Bhd. . Once you apply for our service, we deem that you have agreed to these terms and conditions. Please read the terms and conditions outlined below carefully.
These Terms and Conditions (the "Agreement") governs the terms of the use by Client of services offered by Techbyte (M) Sdn. Bhd. ("Provider")
The Provider agrees to provide, and Client agrees to receive, access to the WEB Hosting, Dedicated Servers and/or Co-Location (the "Services") services according to the following terms and conditions:
- Client will use the Virtual Internet Servers and / or the Virtual WEB Hosting packages and all other provided services in a manner consistent with any and all applicable laws of the Malaysian Federal Government.
- This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the nondefaulting party may also immediately terminate the Agreement without prior notice to the other party.
- Provider reserves the right, in its sole discretion, to deactivate the Client's Services without further warning upon an indication of credit problems including delinquent payments, or if this Agreement is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances. Since the client is not allowed to resell WEB space within any of the WEB Hosting Accounts, Provider reserves the right to disable an account or some of its files or directories if client violates this policy. Only Dedicated Server Solutions and Resellers & Partners are allowed to resell WEB space.
- While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers and / or network. If Provider needs and is able to restore Client's files due to a file lost and / or directory lost for which Provider is not responsible for, Provider may charge an additional fee for this service.
- Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):
- any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
- any material that is libelous or slanderous;
- any material which is or contains anything obscene or pornographic; or
- distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroups postings, SPAM, and unsolicited email sent from the Client's account on Provider, or any other service on the Internet, which contains your domain name and any other domain name on Provider;
- any material leading to abusive or unethical use of Client's account(s) with Provider including but not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez and any harassing and harmful material or uses.
Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from Client's publication of materials or Client's use of those materials. Any violation of the above conditions will result in termination of Client's account. Provider may charge a RM$150.00 deactivation fee if clients violation leads to an account deactivation or suspension.
Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible, any private or important information should be treated carefully. Provider does not screen in advance Client's materials submitted to Provider for publication. Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
- Provider's service is provided on an "As Is, As Available" Basis.
Provider specifically disclaims any other warranty, express or implied, including any warranty or merchantability or fitness for a particular purpose. In no event shall Provider be liable for any consequential, indirect, special or incidental damages, even if Provider has been advised by Client of the possibility of such potential loss or damage. If Provider's service to client is disrupted or malfunctions for any reason, Provider shall not be responsible for losses of income due to disruption of service, beyond the fees paid by Client to Provider for services , during the period of disruption or malfunction.
- Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider its customers may utilize.
Provider does not represent or warrant to Client that Client will receive continual uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control. Such failure or delay shall not constitute a default under this Agreement.
- Client agrees to defend, indemnify and hold the Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorney and / or collection agency fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider.
- If Client acts as a "reseller" of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 8 ("Indemnity") shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Providers services.
- If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), the Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
- Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
- If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the non-defaulting party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the defaulting party, as well as any reasonable attorneys' fees and costs that the non-defaulting party incurred prior to commencing the proceeding.
- Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
- Client acknowledges that there is NO trial period for use of any services Provided by Provider. All orders, sales, rents, time-frames, and terms are final. Once the service is ordered there are no refunds if the service contract is cancelled by Client before the regular expiration date / anniversary date.All Service contracts are automatically renewed for another term unless a written notice of cancellation has been given by either party at least two (2) weeks in advance of the renewal / anniversary date. If no correct notice of cancellation is given, all contracts will automatically be renewed for another term under the same conditions. If an account has been setup and the initial rent is not paid, Provider has the right to immediately terminate the account and to refuse service. In this case Provider will bill Client the amount of RM$150.00 for one hour of setup, configuration and cancellation of account.
- In order to stop service. Client must follow the cancellation procedure.