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Terms of Service


READ THIS AGREEMENT CAREFULLY BEFORE USING ANY EMYHOST SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as “Customer”) AND EMYHOST.

EMYHOST NETWORKS SDN BHD (hereinafter referred to as “EMYHOST”) is a corporation organized and existing under the laws of Malaysia and having its principal executive office No.8-8, Jalan SS14/72, Petaling Jaya, Selangor, 47300, Malaysia.

Please note that this agreement is subjected to change and it is Customer’s responsibility to regularly check for modifications. If Customer signed up for the Service before the Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed above. Continued use of the Service constitutes acceptance to the new version of this agreement.

EMYHOST reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of EMYHOST’s Acceptable Use Policy. Should EMYHOST terminates Customer’s service for a reason other than violation of the Acceptable Use Policy, EMYHOST will issue Customer a refund for the remaining paid period of service. Under no circumstances is EMYHOST responsible for any damages resulting from termination of service. EMYHOST reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.



Website Migration or Transfer

Our web migration team will make every effort to help Customer migrate Customer site over to us. However, please take note that this service is provided as a courtesy service and we cannot be held responsible for any migration failure due to various reasons. This is a best effort courtesy service. We cannot guarantee that all data transfer to be accurate and estimate the time required to complete the transfer. Some hosting companies save data in their propriety format making transfer difficult or in some cases impossible. We will of course try our best but in some cases, we may be unable to assist. The free transfer services are offered for 30 days from the sign up date. Transfer outside this 30 days free period will incur a charge. Please contact our sales department for a price quote.



Scripting and Program

It is the Customer’s responsibility to ensure that scripts/programs installed under Customer’s account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, customer’s account may be suspended until the password is replaced with a strong and secure password.



Resource Usage

For shared hosting account, customer may not use 25% or more of system resources for longer than 120 seconds. Any usage exceeding 25% is termed as an overload. It is the customer’s responsibility to monitor and disable/replace whatever scripts that is causing the overload. Account will be suspended until customer reply with next action plan. If the account overload again, EMYHOST reserves the right to terminate the account permanently or impose an overload penalty fees to the customer. To avoid this suspension or penalty fees, EMYHOST advises customers not to use our shared hosting accounts for the following usage, as they generally will overload. These activities are unattended server-side processes, torrent application, tracker, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs.



INODES

The use of more than 250,000 inodes on any shared hosting account will result in a warning and if no action is taken, suspension may be imposed. Accounts found to be exceeding the 50,000 inodes limit will automatically be removed from our backup system to avoid over-usage.



Backup Limit & Data Loss

Any shared hosting account using more than 25 gigs of disk space will be removed from our weekly backup with the exception of database. However all data will continue to be mirrored to a secondary drive. Take note that backup service is provided as a courtesy service and EMYHOST cannot be held liable for any data loss. Customers’ use of this service is at their own risk. EMYHOST is not responsible for files and/or data residing on the Customer’s account. Customer is advised to maintain a backup copy of their data on their own. In case of data loss, EMYHOST will provide the courtesy service of restoring the data into the account. There is no backup for VPS. Customers must maintain their own backup.



Bandwidth Usage

Customer is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer’s account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the Customer upgrade to a higher level of package or pay additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.



Content

All services provided by EMYHOST may only be used for lawful purposes. The laws of Malaysia apply. The customer agrees to indemnify and hold harmless EMYHOST from any claims resulting from the use of our services.



Price Protection

The amount customer pay for hosting will never increase from the date of purchase unless there are certain terms involved such as a first year promotion etc. EMYHOST reserve the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time. Should the Customer request to upgrade the features of the subscribed package, there will be an upgrade fee incurred.



Price Contact

All hosting services will have 1 year price contract. This means the price will be fixed for a period of 1 year regardless of whether the customer is paying monthly, quarterly or half year. In the event the customer request for a price adjustment, a contract breaking fees USD100.00 will be imposed.



Delivery

Delivery periods can only be estimated. Exceeding the delivery time never entitles Customer to be paid damages or cancellation of the order. Should the delay is due to a reason within EMYHOST itself such as EMYHOST is temporarily or permanently unable to fulfill the order partially or completely, EMYHOST reserves the right to partially or completely cancel or decline the order. EMYHOST also reserves the right to deliver the order with a similar specifications or higher. EMYHOST will notify CUSTOMER of such decisions. Once the service is delivered, it is the customer’s responsibility to check and report back within 7 days for any discrepancies or related problems. EMYHOST will take the effort to rectify the problem including reinstall or replace the entire server without any charges. However if the report is made after 7 days, there will be a charge for any services rendered.



Payment & Suspension

Payments are generally due on the first day of each month or as per due date of the invoice, and EMYHOST dispatches e-mail invoices prior to the expiry date. Emails are issued as a courtesy; Customer will maintain awareness of its usage levels and the fees it owes EMYHOST and the due date. EMYHOST will not accept the reason of late payment or no payment due to email not received. If payment is not received by ten (10) calendar days after the due date, Customer’s account will be suspended, and may incur a USD49.00 reconnection fee at EMYHOST’s discretion. If the account is suspended for over ten (10) calendar days, there may be a USD99.00 setup fees whereby EMYHOST need to resetup an entire server for the Customer. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month. Any discrepancy or dispute in invoice or payment made must be reported to EMYHOST within 30 days after payment is made. EMYHOST will not accept any dispute in payment made after 30 days.



Customer Data

EMYHOST will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer.



Customer Support

EMYHOST provides 24 hours Customer support and is committed to provide the best possible support for all Customers. For any service request not subscribed by the Customer, EMYHOST reserves the right to charge USD50.00/hr for any website/server troubleshooting issues. EMYHOST at its sole discretion reserves the right to deny providing services requested by the Customer with or without reasons. For any services rendered, charged or not charged, EMYHOST provides the best effort services. EMYHOST will not be held responsible for any other issues that resulted directly or indirectly due to the support given.

Should there be incident whereby EMYHOST provides FREE support to the Customer, this is a courtesy service and cannot be defined as evidence that EMYHOST must commit to provide FREE support to the Customer. In this case, EMYHOST reserves the right to stop providing courtesy service to the Customer at any time.



30 days Money Back & Cancellation Policy

To ensure 100% Customer satisfaction, EMYHOST provides 30 days money back guaranteed from the commencement date.



Shared Hosting Account

Guarantee applies to first time purchasers only.

30 Day period begins when hosting login information is received.

Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by EMYHOST.

Refund is granted by EMYHOST’s sole discretion.

Refund decision made by EMYHOST is final.



Virtual Private Server (VPS) Account

Guarantee applies to first time purchasers only.

30 Day period begins when Customer receives server login information.

Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by EMYHOST.

Refund does not include any setup fees, installation fees on operation system or software.

Refund will minus USD15.00 restocking fees for any account without setup fees.

Reconnection fees of USD25.00 will apply for suspended accounts that are unpaid for more than 1 day.

Refund is granted by EMYHOST’s sole discretion.

Refund decision made by EMYHOST is final.



Warranty

EMYHOST’s services are provided on an “as is” and “as available” basis. EMYHOST does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. EMYHOST makes no express or implied warranties, including without limitation warranties of title, non infringement, merchantability, or fitness for a particular purpose. No advice provided by EMYHOST or any of its representatives will create a warranty.



Indemnification

Customer agrees that it shall indemnify EMYHOST harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against EMYHOST, 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 EMYHOST against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EMYHOST; (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 customers from EMYHOST’s server.



Disclaimer

EMYHOST will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if EMYHOST was advised in advance of the possibility of such damages. EMYHOST’s maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim.

EMYHOST will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other EMYHOST Customers or third parties accessing Customer’s data or assigned computers; (ii) security breaches; (iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using EMYHOST’s service; (vi) Customer’s reliance on or use of the service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service; (viii) the accuracy, completeness, and usefulness of the service; or (ix) loss of data or loss of access to data.

EMYHOST’s limitations and exclusions of liability apply equally to EMYHOST’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

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