USER AGREEMENT
A)Registration and account security
1) The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
2) You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Budget Hosting, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
3) If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
4) You acknowledge and accept that despite the security measures Budget Hosting takes in connection with the Services, Budget Hosting’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Budget Hosting may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Budget Hosting shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
B)Third Party websites
The Services may contain links to other websites that are not owned or controlled by Budget Hosting ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
C)Payment
1) Fees Due. Payments are generally due on the first day of each month or as per due date of the Invoice. Budget Hosting dispatches multiple email Invoices prior to the expiry date. Emails are issued as a courtesy to the customer. The customer will maintain awareness of its usage levels, of the fees it owes Budget Hosting and the due dates. Budget Hosting will not accept the reason for late payment or no payment due to email not received. All fees are non-refundable when paid.
• If payment is not received within 7 calendar days after the due date, the customer's account will be suspended, and may incur RM100.00 reconnection fee at Budget Hosting's discretion.
• If the account is suspended for over 7 calendar days, a RM250.00 setup fee may be imposed, for instance if Budget Hosting needs to re-setup an entire server for the customer.
• Accounts may be deleted if they have spent 7 calendar days in a suspended state.
• Any discrepancy or dispute in invoice or payment made must be reported to Budget Hosting within 30 days after payment is made. Budget Hosting will not accept any dispute in payment made after 30 days.
2) Pricing. Budget Hosting may change our prices from time to time. Budget Hosting may increase the fees for the Services (i) as permitted in the applicable Service description published on the Budget Hosting website or in a promotional offer (collectively, the “Service Description”). It is your sole responsibility to periodically review all billing-related information provided by Budget Hosting through the website.
3) Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
D) disclaimer
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Budget Hosting exercises no control over, and accepts no responsibility for, the content of the information passing through Budget Hosting's host computers, network hubs
and points of presence or the Internet.
E)miscellaneous
1) Backups. For its own operational efficiencies and purposes, Budget Hosting from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON BUDGET HOSTING SERVERS, AND under no circumstance will Budget Hosting be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any Budget Hosting server. Budget Hosting will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason and does not maintain any backups of dedicated accounts.
2) Independent Contractor. Budget Hosing and Subscriber are independent contractors and nothing contained in this Agreement places Budget Hosting and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
ACCEPTABLE USE POLICY
Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.
1) You may not directly or indirectly use the Services in connection with any of the following, as determined in Budget Hosting's sole discretion:
a) Prohibited Use or Content
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Budget Hosting to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
i) Disclosing sensitive personal information about others;
ii) Storing personal or sensitive information, including without limitation, "Protected Health Information";
iii) Phishing or engaging in identity theft;
iv) Distributing computer viruses, worms, Trojan horses or other malicious code;
v) Promoting or facilitating prostitution or sex trafficking;
vi) Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
vii) Hosting, distributing or linking to child pornography (any such content will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children) or content that is harmful to minors;
viii) Distributing pornography or adult related content or offering any escort services;
ix) Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
x) Gambling or selling weapons or ammunition;
xi) Promoting or facilitating violence or terrorist activities; or
xii) Infringing the intellectual property or other proprietary rights of others.
b) Excessive Use of Resources or Network Abuse
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
i) Hosting or linking to an anonymous proxy server;
ii) Operating a file sharing site;
iii) Scripts or processes that adversely impact our systems; or
iv) Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
c) Unauthorized System Access
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:
i) Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
ii) Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
iii) Intercepting or monitoring data without permission; or
iv) Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Budget Hosting's website or servers for any unauthorized purpose.
d) Storage of Backups
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Budget Hosting reserves the right to remove backups from your hosting account with or without notice.
e) Zero Tolerance Spam Policy
i) Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
ii) Forging or misrepresenting message headers is prohibited.
iii) Websites advertised via spam (i.e. "Spamvertised") may not be hosted on our servers.
iv) You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).
v) You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.
2) Enforcement
a) Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
b) Budget Hosting reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Budget Hosting or the Services, as determined in Budget Hosting's sole discretion.
c) Violations will be reported to law enforcement as determined by Budget Hosting in its sole discretion.
d) A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
e) Websites hosted on Budget Hosting's servers in Malaysia are generally governed by Malaysia law. As a web host, Budget Hosting is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Budget Hosting's sole discretion, orders material to be removed, Budget Hosting will disable access to such material.
f) Notwithstanding the foregoing, Budget Hosting users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Budget Hosting reserves the right to take local legal considerations into account and to respond accordingly in Budget Hosting's sole discretion.
g) Enforcement of this AUP is at Budget Hosting's sole discretion.
OWNERSHIP CHANGES AND DISPUTE
a) Access and Control Policy.
When a new account or domain, as applicable, is registered with or transferred to Budget Hosting or with one of its affiliates, the process requires and results in the creation of the following within the records of Budget Hosting, in association with said new account or domain: i) Name of person registering; ii) email address; and, iii) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
1) If a person contacts Budget Hosting and claims that he or she is entitled to access to an account, website, or domain registered with Budget Hosting or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Budget Hosting will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information, such as a bank statement displaying the payment & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said payment medium (mandatory). Otherwise, Budget Hosting will not give access and control to a claimant unless Budget Hosting is served with a valid order of a court or agency, requiring Budget Hosting to give such access and control to said claimant. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Budget Hosting or of its affiliates shall not be deemed effective to give notice to Budget Hosting or its affiliates of any changes in said access or control.
2) Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Budget Hosting arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Budget Hosting from all liability and all claims for damages or any other liability whatsoever that may arise out of Budget Hosting's following said policy and procedure.
b) Disputing Site or Account Ownership.
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Budget Hosting. Budget Hosting is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Budget Hosting or in an associated Budget Hosting account, and, in Budget Hosting’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Budget Hosting will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Budget Hosting of all liability or obligations concerning the dispute. If the disputing persons fail to resolve the dispute within what Budget Hosting, in its sole judgment, deems to be a reasonable time, then Budget Hosting, at its option and without any obligation to do so, may. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Budget Hosting for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Budget Hosting under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.
c) Notification of Transfer of Hosting Account Ownership.
Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. Budget Hosting will not be liable for any inability to access the account due to a failure to release access information. Filing this form with Budget Hosting does not guarantee any changes. Budget Hosting reserves the right to accept or reject the request for any reason in its sole and absolute discretion.