WEB HOSTING SERVICE AGREEMENT
Ewanstop Internet (thereafter Ewanstop) reserves the right to modify the Web Hosting Service Agreement (thereafter called Agreement) and may discontinue or revise any or all aspects of the service at our sole discretion. You will be bound by this Agreement once you signed up and if you continue to use the service.
1. Scope of Services : Ewanstop provides website hosting service for the allocated amount of disk space and bandwidth on our server for the period of 12 months upon the first payment and upon year-to-year renewal (thereafter called the "Services").
2. Your Obligations : You are responsible for the content and activities on your website, and you warrant that all website content shall be owned or properly licensed by you and shall not adversely impact the Services, infringe any Malaysia or international law, or violate any rights of any third parties. You acknowledge you are fully responsible for maintaining all appropriate backups of files and data stored on Ewanstop’s servers. You will ensure that you have the legal rights to use the domain name and the whole web page content and in the event of a dispute will abide by the decision of the relevant regulatory body. There is a one-time fee of USD15 for replacing the domain name of an existing account with another domain name, whether from spelling error(s) or any other reason.
3. Limited Warranty; Limitation of Liability; Indemnification : You expressly agree that use of the Services is at your sole risk. Neither Ewanstop nor any of its employees or agents warrant that the Services will be uninterrupted, error free or free from viruses or other harmful components. In no event shall Ewanstop be liable for any indirect, incidental, punitive or other consequential damages. In no event shall Ewanstop's maximum liability exceed the total amount paid by you to Ewanstop for the services during the prior twelve (12) months. You agree to indemnify, defend and hold Ewanstop harmless from and against any liabilities, losses, damages or costs resulting from claim and disputes.
4. "60-day" Money Back Guarantee : Money back guarantee is valid only if our displayed price is not the lowest among the Malaysia registered companies for the same service terms and features. Customer must be able to provide us the valid web address of the hosting company whose price is lower than Ewanstop via fax, email or post within 60 days upon account activation date. Money back guarantee does NOT apply for any setup fees, additional services, domain registration fee, cancellation and termination of account after the 20th day of account activation date. The amount returned will be your original face amount after deduction of setup fees (if any), internic domain name registration fee (if any) and other service fee and will be paid in the form of cheque within 14 working days from the date received your application.
5. "20-day" Free Hosting Trial : Your web site will be hosted on our server free of charge for 20 days starting from the date of account activation. Account activation date is considered as day 1 of free hosting. One week before the last day of free hosting, invoice will be sent to customer via email stating amount to be paid if continue to use our service. For hosting plan requiring registration of internic domain name (Standard plan and above), customer will need to pay for it in advance in order for the free hosting account to be setup. Ewanstop must receive your payment before we proceed to activate your account. Amount paid is not refundable as it is not part of our hosting fee. However if customer continues to use our service after the 20th day of free hosting, this amount will be from the actual hosting fee as displayed on our web site.
6. Free internic domain name registration : Our hosting plan (Standard Plan and above) comes with free internic domain name only if the customer continue to host with Ewanstop after the 20 days free hosting trial. Customer will need to pay for it in advance in order for the free hosting account to be setup. Ewanstop must receive your payment before we proceed to activate your account. Amount paid is not refundable as it is not part of our hosting fee. However if customer continues to use our service after the 20th day of free hosting, this amount will be from the actual hosting fee as displayed on our web site.
7. Payment of Fees :Ewanstop is currently accepting payment via credit card, cheque, money order and postal order in Malaysia Ringgit. Customers must remit payment within 20 days of free trial period. Ewanstop will not be held responsible for any postal delay, postal lost and return cheque or bear any postal charges. The service term for all accounts is 12 months and all accounts will be billed annually. The Services will be suspended if your account is overdue for more than 7 days, and Ewanstop will temporary disable your website until the payment is remitted. All of your website contents will be destroyed if your account remains in suspension for 30 days. You will be charged to restart your account.
8. Acceptable Uses : All services provided by Ewanstop may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Malaysia or International law, statute, treaty or regulation is prohibited. Ewanstop will be the sole arbiter in determining violations of this provision. Spamming, sale of spam software, providing access for spam, or the sending of unsolicited e-mail, from an Ewanstop server or using an e-mail address or domain that is maintained on an Ewanstop machine as reference is STRICTLY prohibited. You are prohibited from using the Services to compromise the security of system resources or accounts on servers at Ewanstop or at any other site. Use or distribution of tools designed to compromise security, or containing viruses or Trojans are prohibited. Any use of Ewanstop systems that undermines, causes harm to or disrupts the normal use of Ewanstop servers or Services for others is considered Server Abuse and is grounds for immediate account termination.
9. Termination : Both party may cancel the account at any time but there is NO refund for any reasons other than the reason spelled out in the clause 4 above. Ewanstop reserves the right to suspend or terminate the Services to you and remove or prevent access to any material on your website at any time, without prior notice or liability, for any conduct that Ewanstop, in its sole discretion, believes violates the Agreement or is otherwise harmful to Ewanstop's interests or the interests of other account holders.
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