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This Services
Agreement (the "Agreement") contains the complete terms and
conditions which govern your subscription of Web hosting,
e-Commerce and other Internet-related services provided by
DoubleX.com.my (the "Services"). As used in this Agreement, "DoubleX"
means
DoubleX.com.my
and "Client", "you", or "your" means you. By clicking on the
"Submit Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all
policies posted on the DoubleX site. As referred to in this
Agreement, "Site" refers to a World Wide Web site and "DoubleX
Site" refers to the Site located at the URL http://www.DoubleX.com.my,
or any other successor Sites owned or maintained by
DoubleX.
1.
APPROPRIATE USE OF THE SERVICES.
DoubleX
provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as
necessary to provide such Services.
Client Content.
Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or
through Client by a third party - to any DoubleX server in
connection with Client's use of the Services which:
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violate any
state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of DoubleX or
any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes hate
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violate any
DoubleX policy posted on the DoubleX Site including, but not
limited to, our Acceptable Use Policy (includes Adult
Content Policy), UCE/SPAM Policy, and CGI Abuse Policy.
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contain
viruses or other computer programming defects which result
in damage to DoubleX or any third party.
Bandwidth.
Client may occupy only the amount of disk space on the DoubleX
Server and utilize no more than the network bandwidth that is
allotted by DoubleX. Additional fees, specified in the Virtual
Host plans page, will be charged for exceeding the disk space
and/or network bandwidth allowance of your selected plan.
No "SPAM".
Client shall not use the Services for chain letters, junk mail,
spamming, or any use of distribution lists to any person who has
not given specific permission to be included in such a process.
Client also shall not engage in any unsolicited email practices
at DoubleX, or otherwise, that mentions or reference any domain
hosted on DoubleX servers or parked on DoubleX DNS servers.
NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS
AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL
DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
(Violators will be fined! Refer to our UCE /SPAM Policy.)
Licensed
Software Only.
Client agrees to use only properly licensed third party software
in connection with Client's use of the Services.
Back-Up Files
and Processing.
Client will have the ability to reinstate files which are
automatically archived by DoubleX; however, DoubleX does not
guarantee the existence, accuracy, or regularity of its backup
services on Virtual Servers and, therefore, Client is
responsible for making back-up files in connection with its use
of the Services. On Dedicated Servers, we will install the
backup script for our clients, but the running of cron jobs and
services is the responsibility of the server owner. The backup
script can be set up to generate a daily email with results, to
assist you in monitoring.
Termination.
DoubleX reserves the right to refuse service to anyone. DoubleX,
in its sole discretion, may immediately terminate this Agreement
if Client engages in any of the foregoing. To report any
unacceptable behavior by a third party using the Services,
please contact abuse@DoubleX.com.my.
2. PAYMENT
OBLIGATIONS
Service Fees.
By the Tenth (10th) of each month or 5 days prior to the
customers anniversary date, DoubleX shall either (i) debit
Client's credit card (where such information is provided by
Client) or (ii) deliver by e-mail an invoice to Client in
accordance with the applicable Services fees for services
rendered for the current month. Where an invoice is delivered to
Client, Client shall remit payment to DoubleX by no later than 3
days after the specified payment due date. DoubleX shall be
immediately terminate/suspend this Agreement for Client's
failure to make timely payments to DoubleX. Certain services
carry a set-up fee charged by DoubleX to Client that must be
paid by Client in order to have use of the Services. If Client
terminates this Agreement in accordance with Section 4
hereunder, Client shall be responsible for any outstanding fees
owed to DoubleX and agrees to pay any and all fees incurred by
Client. Because the Services are provided on a monthly basis,
unless a contract is in place, Client will be responsible for
Service fees incurred each month regardless of when Client
provides notice of termination. Thus, for example, if Client
provides notice to terminate on the 15th of a particular month,
Client will still owe fees for the entire month and such fees
will not be pro-rated or refunded. If Client has retained the
Services for one (1) year and has pre-paid DoubleX for such
Services, refunds will not be issued for any unused portions.
Therefore, if Client's account is cancelled at any point during
the one (1) year term, Client will not be entitled to any
refund, and will be billed the difference between the regualr
monthly price and their discounted rate for any months billed at
the lower yearly rate.
Late payments.
Any payment not received within five (5) days of the invoice due
date will be assessed a late fee of one and one-half percent (1
1/2%) per month or the highest rate allowed by applicable law,
whichever is lower, with minimum of a $5.00 fee. Customer also
shall pay to DoubleX all expenses incurred by DoubleX in
exercising any of its rights under this Agreement or applicable
law with respect to a Payment Default or other breach by
Customer, including, but not limited to, reasonable attorneys'
fees and the fees of any collection agency retained by DoubleX.
The Customer's web site will also be immediately suspended and
will not be reinstated until payment in full has been received.
Taxes.
Customer will be responsible for and will pay in full, any taxes
and similar fees now in force or enacted in the future imposed
on the transaction and/or the delivery of Services.
Domain Names.
If Client chooses to register a domain name(s) through DoubleX,
Client acknowledges and agrees that Client will pay a
registration fee(s) to register the domain name(s) with the
applicable domain name registrar. DoubleX does not offer refunds
for domain name registrations for any reason, including
misspelling of the domain name.
3. CLIENT
LIABILITY AND INDEMNIFICATION
The parties
agree that in no event shall DoubleX be liable to any third
party for Client's breach or alleged breach of any of the terms
and conditions set forth in this Agreement. Client agrees to
defend, indemnify and hold harmless DoubleX from any and all
expenses, losses, liabilities, damages or third party claims
resulting from Client's breach or alleged breach of any Client
obligations set forth hereunder.
4. TERM,
TERMINATION & REINSTATEMENT
Subject to the
terms and conditions hereof, this Agreement shall be effective
on the date you register for the Services, and shall continue in
effect on a month-to-month basis unless otherwise specified by
separate agreement (the "Term") unless terminated earlier
pursuant to the provisions of this Section 4. Either party will
have the right to terminate this Agreement upon notice to the
other party. If Client is terminating this Agreement, Client
must submit their cancellation through our online HelpDesk. All
cancellation requests must be received by the 25th of the
respective month of cancellation. If cancellation occurs after
the 25th of the respective month, the customer will be billed
for the next billing cycle, and the server or account will be
cancelled at the end of that billing cycle. No refunds will be
given for dedicated servers or virtual hosting packages that are
cancelled. Any other attempt by Client to cancel this Agreement
by written or e-mail notice shall be void. Sections 3 - 8 shall
survive termination or expiration of this Agreement.
If DoubleX
suspends a virtual account for non-payment, Client shall be
allowed to re-instate Client's use of the Services within Five
(5) business days of cancellation upon approval from DoubleX and
full payment of balances due. A reinstatement fee of USD 15.00
will be applied.
If DoubleX
disconnects a Dedicated Server or Colocation server for
non-payment, the Client shall pay a fee of Fifty Dollars (USD
50) prior to any re-instatement of Client's server. Once payment
has been received, Client's account will be activated within
Forty-Eight (48) business hours. DoubleX will maintain an
archival copy of Client's data files for (5) days after DoubleX
disconnects the server.
If a Client
terminates their account, DoubleX will disable the
server/account the day the client specifies the account is
cancelled (immediately) . DoubleX will not maintain an archival
copy of the Clients Web site or files. It is the responsibility
of the Client to remove any data off the server prior to the
cancellation request.
5. TAXES
Client will pay
and indemnify and hold DoubleX harmless from any and all taxes
associated with or arising from Client's use of the Services,
including any penalties and interest and any costs associated
with the collection or withholding thereof.
6. DISCLAIMER
OF WARRANTY
THE SERVICES,
THE DOUBLEX SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND
SERVICES DISPLAYED OR OFFERED ON THE DoubleX SITE, AND ALL TEXT,
GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN
'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. DoubleX
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, DoubleX SPECIFICALLY
DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3)
THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION
OF LIABILITY
IN NO EVENT
SHALL DoubleX BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA,
PROFITS, USE OF THE DoubleX SITE OR ANY DoubleX PRODUCTS OR
SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN
NO EVENT SHALL DoubleX CUMULATIVE LIABILITY EXCEED AN AMOUNT
GREATER THAN FIVE HUNDRED DOLLARS (USD 300).
8.
MISCELLANEOUS
Notices.
Any notices or communication under this Agreement shall be in
writing and shall be deemed delivered to the party receiving
such communication at the address specified below (1) on the
delivery date if delivered personally to the party, or a
representative of the party; (2) one business day after deposit
with a commercial overnight carrier, with written verification
of receipt; (3) five business days after the mailing date,
whether or not received, if sent by postal mail, return receipt
requested; (4) on the delivery date if transmitted by confirmed
facsimile.
If to DoubleX:
-
DoubleX.com.my Web Hosting Department,
8-1 & 8-2, Jalan Puteri 7/7, Bandar Puteri 47100 Puchong,
Selangor, Malaysia
If to Client:
If any of the
provisions, or portions thereof, of this Agreement are found to
be invalid under any applicable statute or rule of law, then,
that provision notwithstanding, this Agreement shall remain in
full force and effect and such provision or portion thereof
shall be deemed omitted. This Agreement (including the Exhibits,
attachments and/or addenda, if any,) represents the entire
agreement of the parties with respect of the subject matter
hereof and supersedes all prior and/or contemporaneous
agreements or understandings, written or oral between the
parties with respect to the subject matter hereof. This
Agreement and the rights granted and obligations undertaken
hereunder may not be transferred, assigned or delegated in any
manner by Client, but may be so transferred, assigned or
delegated by DoubleX. Any waiver or any provision of this
Agreement, or a delay by any party in the enforcement of any
right hereunder, shall neither be construed as a continuing
waiver nor create an expectation of non-enforcement of that or
any other provision or right. In any legal proceeding between
the parties under this Agreement, the prevailing party shall be
entitled to recover its costs, expenses and reasonable
attorneys' fees. This Agreement is made under and shall be
governed by the laws of the Malaysia, except
with regard to it’s conflict of law rules. This Agreement and DoubleX’s policies are subject to change by DoubleX without
notice. Continued usage of the Services after a change to this
Agreement by DoubleX or after a new policy is implemented and
posted on the DoubleX Site constitutes your acceptance of such
change or policy. We encourage you to regularly check the
DoubleX Site for any changes or additions.
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