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1. INTRODUCTION
This document (the "Agreement") sets
forth the principles, guidelines and
requirements of the Terms of Service
of dpeers.net, Inc, a Malaysia
incorporated company (the "Company")
doing business as dpeers.net
governing the use by the customer
("Customer") of Company's services
and products ("Services and
Products"). These Terms of Service
have been created to promote the
integrity, security, reliability and
privacy of Company's facilities,
network, and Customer data contained
within. The Company believes it
provides the best services in the
industry, and provides the following
policies in the best interests of
the Company and the Company's
clients. The Company retains the
right to modify these Terms of
Service at any time and from time to
time and any such modification shall
be automatically effective as to all
customers when adopted by Company
and published at
http://www.dpeers.net/terms.html.
Company shall be the sole and final
arbiter as the interpretation of the
following. By utilizing the
Company's services and products, the
Customer agrees to be bound by the
terms herein outlined.
Questions or comments regarding this
document should be forwarded to the
Company at the following address:
legal@dpeers.net
2. COMPLIANCE WITH THE LAW
Customer shall not post, transmit,
re-transmit or store material on or
through any of Services or Products
which, in the sole judgment of the
Company (i) is in violation of any
local, state, federal or or
regulation, (ii) is threatening,
obscene, indecent, defamatory or
that otherwise could adversely
affect any individual, group or
entity (collectively, "Persons") or
(iii) violates the rights of any
person, including rights protected
by copyright, trade secret, patent
or other intellectual property or
similar laws or regulations
including, but not limited to, the
installation or distribution of
"pirated" or other software products
that are not appropriately licensed
for use by Customer. The Customer
agrees to indemnify and hold
harmless the Company from any claims
resulting from the use of the
services which damages the Customer
or any other party. Customer shall
be responsible for determining what
laws or regulations are applicable
to its use of the Services and
Products.
3. PROHIBITED USES OF SERVICES
AND PRODUCTS
In addition to the other
requirements of these Terms of
Service, Customer may only use the
Services and Products in a manner
that, in the Company's sole
judgment, is consistent with the
purposes of such Services and
Products. If Customer is unsure of
whether any contemplated use or
action is permitted, please contact
the Company as provided above. By
way of example, and not limitation,
uses described below of the Services
and Products are expressly
prohibited.
3.1. General
3.1.1. Pornography and pornographic
related merchandising are prohibited
under all the Company's services.
This includes sites that include
links to pornographic content
elsewhere. Further examples of
unacceptable content or links
include pirated software, "hacker"
programs, archives of "Warez Sites",
game rooms or MUDs, IRC Bots, Egg
Drop programs, any kind of illegal
software or shareware. In addition,
sites offering online gambling,
casino functionality, sportsbook
betting (including offshore), and
internet lotteries are prohibited.
3.1.2. Violations of the rights of
any Person protected by copyright,
trade secret, patent or other
intellectual property or similar
laws or regulations, including, but
not limited to, the installation or
distribution of "pirated" or other
software products that are not
appropriately licensed for use by
Customer.
3.1.3. Actions that restrict or
inhibit any Person, whether a
customer of Company or otherwise, in
its use or enjoyment of any of the
Company's Services or Products.
3.2. System and Network3.2.1.
Introduction of malicious programs
into the Company's network or server
(e.g., viruses and worms).
3.2.2. Effecting security breaches
or disruptions of Internet
communication. Security breaches
include, but are not limited to,
accessing data of which Customer is
not an intended recipient or logging
into a server or account that
Customer is not expressly authorized
to access. For purposes of this
Section 3.2.2., "disruption"
includes, but is not limited to,
port scans, flood pings, packet
spoofing and forged routing
information.
3.2.3. Executing any form of network
monitoring which will intercept data
not intended for the Customer's
server.
3.2.4. Circumventing user
authentication or security of any
host, network or account.
3.2.5. Interfering with or denying
service to any user other than
Customer's host (for example, denial
of service attack).
3.2.6. Using any
program/script/command, or sending
messages of any kind, designed to
interfere with, or to disable, a
user's terminal session, via any
means, locally or via the Internet.
3.2.7. Creating an "active" full
time connection on a
Company-provided account by using
artificial means involving software,
programming or any other method.
3.2.8. Any attempt to circumvent or
alter monitoring, bandwidth tracking
or utilization reporting, or other
actions which have the effect of
complicating the normal operational
procedures of the Company, including
but not limited to altering,
removing or in any way modifying or
tampering with Company created log
files.
3.2.9. Any action which the Company
determines, in its own judgment,
will reflect poorly on the Company
or negatively impact its operations.
3.2.10. Any action which the Company
deems to be an unacceptable use of
resources, business practice or
otherwise unacceptable to the
Company.
3.3. Billing
3.3.1. Furnishing false or incorrect
data on the order form, contract or
online application, including
fraudulent use of credit card
numbers.
3.3.2. Attempting to circumvent or
alter the processes any billing
procedures or procedures to measure
time, bandwidth utilization, or
other methods to document "use" of
the Company's Services and Products.
3.4. Mail
3.4.1. Sending unsolicited
commercial email messages (UCE),
including the sending of "junk mail"
or other advertising material to
individuals who did not specifically
request such material, who were not
previous customers of Customer or
with whom Customer does not have an
existing business relationship
("email spam").
3.4.2. Sending UCE referencing an
email address for any domain hosted
by the Company;
3.4.3. Sending UCE referencing a
domain hosted by the Company;
3.4.4. Sending UCE referencing an IP
address hosted by the Company;
3.4.5. Posting advertisements on
IRC, ICQ, or any other public chat
system containing an email address
hosted by the Company, a domain
hosted by the Company, an IP address
belonging to the Company;
3.4.6. The Company will be the sole
arbiter as to what constitutes a
violation of these provisions.
3.4.7. Harassment, whether through
language, frequency or size of
messages.
3.4.8. Unauthorized use, or forging,
of mail header information.
3.4.9. Solicitations of mail for any
other E-mail address other than that
of the poster's account or service
with the intent to harass or to
collect replies.
3.4.10. Creating or forwarding
"chain letters" or other "pyramid
schemes" of any type.
3.4.11. Use of unsolicited email
originating from within the
Company's network or networks of
other Internet Service Providers on
behalf of, or to advertise, any
service hosted by the Company, or
connected via the Company's network.
3.4.12. Activities deemed to be
unsolicited marketing efforts or
otherwise harassing in any way.
3.4.13. Customer will be charged a
minimum RM 500.00 service charge for
each instance of a verifiable UCE
that is reported to the Company and
faces immediate account suspension
and/or termination, as well as
further penalties.
3.4.14. Email messages received by
our mail servers are only guaranteed
retention for a maximum of 90 days.
Emails older than 90 days are
subject to removal.
3.5. Customer Support
3.5.1. The Company promotes a
mutually-professional relationship
with its customers. Abusive,
threatening, obscene or otherwise
harassing communications with agents
of the Company, via telephone,
email, online chat or other means
will result in immediate account
termination not withstanding any
other terms of this agreement.
Violation of this or any section of
this Agreement will result in refund
ineligibility.
4. BANDWIDTH & UTILIZATION
In addition to the other terms
of this agreement, which apply to
all plans, bandwidth and
utilization, by its nature, is
subject to a number of differing
and/or additional terms.
4.1 The Company provides the space
and unlimited transfer in good faith
to our Customers so that they may
create their WebSites without the
fear of running over their Web
traffic allocation. While most
Customers will use the space and
traffic for their legitimate WebSite
needs, we recognize that others may
try to take advantage of our offer
and use the space and traffic in
ways for which it is not intended.
In the best interests of our
Customers and in an effort to
maintain the integrity of our
service, the following common sense
rules will apply:
4.1.1. Customer's site must use and
store only the information and data
that relates to the WebSite, at the
IP address provided by the Company.
4.1.2. Customer may not resell or
give away Web space under a domain
name, nor may Customer build
WebSites that house "sub domain"
WebSites on behalf of other
companies, groups or individuals.
Customers who wish to resell the
Company's Web space should utilize
the Company's Reseller Program;
4.1.3. Customer may not use
Customer's WebSite to store Web
pages, files or data for other IP
addresses or domain names, nor may
Customer use its WebSite as a
repository for file, data or "Warez
group" download transfers. The
Company reserves the right to make
this determination, in its sole and
absolute discretion;
4.1.4. The Company's "unlimited
traffic" and "storage" offer is to
provide the Company's customers with
storage space and bandwidth for
active Web pages and cannot be used
as a "storage space" for electronic
files. An example of sites that fall
under "electronic storage" are large
archives of images, compressed
files, movies, or sound files. The
Company permits up to 15 megabytes
of archive storage, e.g. avi or wav
files, images, compressed files,
shareware, games, programs, etc..
All HTML pages MUST be linked to
files (HTML, .jpg, .gif, etc.)
stored on Company's server and vice
versa.
4.1.5. The storage and distribution
of MP3 format files via the Company
network is prohibited.
4.1.6. The Company does not permit
sites where 20% or more of the
monthly traffic is from file
downloads, or sites that use more
than 10% of system resources, or
sites which in the Company's view
are detrimental to the enjoyment of
the Company services by the
Company's other clients, or are in
the sole and final judgment of the
Company, detrimental to network or
business operations.
The Company may take whatever steps
necessary to provide its services,
and to provide for the enjoyment of
such services by all of the Company
clients, and to ensure that certain
clients do not utilize services to
the detriment of other clients.
Customers with WebSites that do not
comply with these simple rules, or
who seek to take advantage of the
Company unlimited storage or traffic
plan in any other way, will, at the
discretion of the Company , have
their sites canceled and/or removed
from the servers and have service
charges assessed at the discretion
of the Company .The Company will be
the sole and final arbiter as to
WebSites or usages of resources that
constitute violation or intent to
violate our policies. Those
Customers found in violation of
these policies are subject to a RM
500.00 service charge for each
instance of violation, exclusive of
charges for the bandwidth and/or
other resources utilized. WebSites
which the Company must suspend or
cancel due to violation of these
rules are not eligible to receive a
refund for unused service, and are
subject to charges for bandwidth and
usage of resources at twice the
standard rate for such resources.
Acceptance of these Terms of
Services, and/or use of Company's
services constitutes an acceptance
of any fines, penalties or service
charges which might arise out of
violation of these policies.
5. TERMS AND TERMINATION
For the purposes of Section 5 of
this agreement, the term "Thirty Day
Guarantee Period" shall be defined
as the period extending from the
date a Customer signs up his or her
first domain with the Company
through the thirtieth (30) day
following the initial signup of the
first domain enrolled.
5.1. All cancellations must be
received by the Company a minimum of
five (5) days prior to the next
billing date of the domain being
cancelled.
5.1.1. If the Customer notifies the
Company less than five (5) days
before the next billing date of the
domain being cancelled, the charges
incurred as a result of that renewal
will not be refunded.
5.1.2. Cancellations requested
within the Thirty Day Guarantee
Period are eligible for a full
refund, less setup fees and
add-on-service fees which are
non-refundable. Cancellations
requested outside the Thirty Day
Guarantee Period are not eligible
for a refund in part or in full.
5.1.3. Cancellation requests will
only be accepted via the Company's
free number (03-8070 8235). Any
other form of cancellation request
is not acceptable. Client will
receive an email evidencing
cancellation immediately after
contacting Company's representatives
via the toll-free number.
5.2. Customer will not receive a
refund for any other reason,
including but not limited to: late
cancellation, slow connection caused
by Customer's ISP/network,
Customer's ignorance, InterNIC
delays, account termination for
violation of policies
5.3. By submitting a credit card
information on the order form,
Customer agrees to authorize all
recurring charges to the account and
any other balances incurred due to
overages of limits, additions of
extras to the account, service
charges and/or any other fees, and
to be bound to the terms of this
Agreement.
5.4. Customer will not receive a
refund for any setup fees or any
fees other than the monthly
recurring hosting fees.
5.5. Customer will be charged a RM
300 domain reactivation fee for each
site suspended due to a
billing-related issue.
5.6. Customer shall pay the fees and
other charges for Products and
Services ordered from Company as
published on the Plan Comparison
Chart at time of order. Company
reserves the right to change rates
without notice; any changes in price
will take effect upon renewal of the
existing hosting account,
immediately for new purchases.
5.6.1. Customer agrees that the
Company reserves the right to change
its fees, features, and discount
offerings and the Customer agrees to
be bound by any changes of fee,
feature, and/or discount.
5.7. The Company reserves the right
to terminate this agreement, and to
delete the WebSite from its
hardware, immediately upon the
occurrence of any of the following
events:
5.7.1. Non payment of any charges
due from Customer;
5.7.2. Breach of any term or
condition of this agreement by
Customer;
5.7.3. Commencement of any lawsuit
or proceeding against Customer
arising from or relating to its use
of the WebSite, whether or not such
suit names the Company as a party or
seeks any recovery from the Company.
5.7.4. Payment for any charges is
due at the time of signup and
renewal respectively. All payments
must be in Riggit Malaysia. Accounts
which have balances outstanding
shall be deemed to be in default and
subject to termination of service.
Customer shall be responsible for
all costs of collection, including
reasonable attorney's fees and court
costs, in event of a default for
nonpayment of any amounts due the
Company.
6. INDEMNIFICATION OF
PROVIDER/RELATIONSHIP OF PARTIES
6.1. Customer agrees to indemnify
and hold the Company harmless from
any lawsuit, claim, charge, or
expense, including reasonable
attorney fees and costs of defense,
for any matter arising from or
relating to Customer's WebSite
provided hereunder.
6.2. Nothing contained herein shall
be deemed to create a relationship
between the Company and Customer in
the nature of a partnership, joint
venture, editor/publisher or
otherwise. Both parties acknowledge
and agree that the Company has no
interaction with the data or
substance of Customer's WebSite,
except as necessary to maintain the
WebSite.
7. SECURITY/SOFTWARE
7.1. Customer agrees to take all
steps reasonable, necessary, and
prudent to protect Customer's login
ID and password.
7.2. Customer agrees not to attempt
to undermine or cause harm to any
server, software, system or customer
of the Company.
7.3. Customer agrees to maintain
Customers' computing equipment
responsibly, including running virus
software.
7.4. Uploading a virus to a Company
server will result in account
termination, service charges and/or
prosecution.
7.5. Customer acknowledges that the
Company cannot provide technical
support for any software and/or
script that the Customer installs,
other than variable name changes.
Customer also acknowledges that the
Company does not supply technical
support for Microsoft FrontPage,
other than initial configuration.
The Company supplies technical
support for Web hosting issues only.
The Company shall be the sole
arbiter as to what constitutes a
"Web host" issue.
8. VIOLATION
Any attempt to undermine or cause
harm to the Company server or
another customer's Web presence is
strictly prohibited. Any violation
of the above Terms of Service will
result in grounds for account
termination, with no refunds given;
the Company reserves the right to
remove any account without prior
notice. Violation of these Terms of
Service may result in legal action,
service charges or a combination
thereof.
9. CONFIDENTIALITY
Customer acknowledges that by reason
of their relationship, both the
Customer and the Company may have
access to certain products,
information and materials relating
to the other part's business, which
may include business plans,
customers, software technology, and
marketing plans that are
confidential and of substantial
value to either party, respectively,
and which value would be impaired if
such information were disclosed to
third parties. Consequently, both
the Company and the Customer agree
that it will not use in any way for
its own account or for the account
of any third part, nor disclose to
any third part, any such information
revealed to it by either part, as
the case may be.
The Customer and the Company further
agrees that each will take every
appropriate precaution to protect
the confidentiality of such
information. In the vent of
termination of this agreement, there
shall be no use or disclosure by
either party of any such
confidential information in its
possession, and all confidential
documents shall be returned to the
rightful owner, or destroyed. The
provisions of this section shall
survive the termination of the
agreement for any reason. Upon any
breach or threatened breach of this
section, either party shall be
entitled to injunctive relief, which
relief will not be contested by the
Customer or the Company.
10. REFUSAL OF SERVICE
10.1. The Company reserves the right
to refuse or cancel service in its
sole discretion with no refunds.
10.2. If any of these Terms of
Service are failed to be followed it
will result in grounds for immediate
account deactivation.
11. DISCLAIMER
11.1. USE OF THE COMPANY'S SERVICES
AND PRODUCTS IS AT CUSTOMER'S SOLE
RISK. NEITHER THE COMPANY NOR ITS
EMPLOYEES, AGENTS, RESELLERS THIRD
PARTY INFORMATION PROVIDERS,
MERCHANTS LICENSERS OR THE LIKE,
MAKE ANY WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, THAT THE
COMPANY'S SERVICES AND PRODUCTS WILL
NOT BE INTERRUPTED OR BE ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MIGHT BE OBTAINED
FROM THE USE OF THE COMPANY'S
SERVICES AND PRODUCTS OR AS TO THE
ACCURACY, OR RELIABILITY OF ANY
INFORMATION SERVICE OR MERCHANDISE
CONTAINED OR PROVIDED THROUGH THE
COMPANY'S SERVICE, UNLESS OTHERWISE
EXPRESSLY STATED IN THIS AGREEMENT.
THIS INCLUDES LOSS OF DATA, WHETHER
RESULTING FROM DELAYS, ON
DELIVERIES, WRONG DELIVERY, AND ANY
AND ALL SERVICE INTERRUPTIONS CAUSED
BY THE COMPANY AND ITS EMPLOYEES OR
OTHER CAUSES.
11.2. THE SOLE CUMULATIVE LIABILITY
OF THE COMPANY FOR ALL CLAIMS MADE
BY THE CUSTOMER, OR ANY OTHER PARTY,
REGARDLESS OF FORM, INCLUDING ANY
CAUSE OF ACTION BASED ON CONTRACT,
TORT OR STRICT LIABILITY, SHALL NOT
EXCEED THE TOTAL AMOUNT OF ALL FEES
AND CHARGES PAID TO THE COMPANY BY
THE CUSTOMER.
11.3. The Company reserves the right
to revise or change these Terms of
Service at any time.
11.4. This Agreement shall be
governed in all respects under the
laws of the Commonwealth of Kentucky
applicable to contracts made,
accepted and performed wholly in
Kentucky, without application to
principles of conflict of laws, and
the Customer and the Company agree
that the sole venue and jurisdiction
for any disputes arising from this
Agreement shall be the appropriate
federal or state court located in
the Commonwealth of Kentucky
12. DOMAIN REGISTRATION AGREEMENT
For domain name registrations
obtained by the Customer through
Webnic Domains, an authorized agent
of the Webnic registrar, in addition
to this Agreement and
notwithstanding any other term of
this Agreement, you agree to be
bound by the terms and conditions of
the Service Agreement of Webnic,
Inc. ("Webnic") as amended from time
to time (the " Registration
Agreement Exhibit A") and which may
be viewed at https://www.webnic.cc,
and you agree to be bound by all
policies of and all agreements
between Webnic. Without limiting the
generality of the foregoing, you
agree that any dispute with respect
to your domain name will be subject
to the provisions of the domain
dispute policy (Uniform Domain Name
Dispute Resolution Policy ) located
at
http://www.icann.org/dndr/udrp/policy.htm
as such policy is amended and
revised from time to time.
12.1. Customer acknowledges that all
fees billed for domain registration
will be billed directly to the
Customer's credit card by Webnic
Domains and that
12.2. By registering a domain name
through the Webnic Domains, the
Customer is establishing a
relationship with Webnic Domains, an
agent for Webnic, separate from the
Company and this Agreement.
12.3. The Company is the domain name
hosting business. All customer
accounts are setup with the
understanding that the Customer will
transfer authoritative DNS control
of the domain hosted to the Company,
i.e., the Company requires the
Customer to update the domain name
registration of any domain hosted by
the Company to list the Company's
domain name servers as the hosting
entity. The Company does not provide
extended access to its network
through non-authoritative DNS means
for any purpose other than initial
account setup. Third-level domains
are provided for 30 days after
account creation and may not be used
as a Primary means of access to an
assigned web space.
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