Trillionbytes' Service Agreement for Web and Email Hosting

Last Updated: 19 Sept 2005

The following agreement is between Trillionbytes Systems Sdn Bhd (693034-D) ("Trillionbytes") and You ("client").

In addition to the Conditions below, client must also agree on our privacy and Anti-Spam Policy.

WHEREAS, Trillionbytes is an information provider connected to the Internet. Trillionbytes offers web hosting and email server hosting services over the Internet through access to its Web Server;

WHEREAS, Client seeks to utilize Trillionbytes' server for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Trillionbytes can make no guarantee that any given reader shall be able to access Trillionbytes' server at any given time. Trillionbytes represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

This agreement is intended to cover one customer only and is for the sole use of the customer specifically named and does not extend to any other person or entity. Customer may resell to third parties but is responsible for the content and is bound by the terms of this contract.

Now Therefore, in consideration of the mutual promises contained herein, the parties agree as follows:

A) Financial Arrangements

01. Client agrees to a minimum one (1) year contract, beginning upon Trillionbytes' receipt of payment for the first year of service.

02. First year payment plus setup charges, if any, shall be due in advance of service. Whilst our pricing may be broken down to a monthly figure, all accounts are payable yearly in advance. The account cannot be transferred or used by anyone other than the subscriber.

03. This agreement will automatically renew for successive one (1) year period unless canceled in writing 14 days prior to the annual renewal date. Written notice may be by postal, the Trillionbytes form or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.

04. Renewal fees for the following term may be payable by cheque, money order, bank transfer, or online credit card payment. Returned cheques are subject to a RM50.00 returned cheque fee.

05. Accounts that have unpaid invoices more than 7 days past the renewal date will be suspended without notice until the account is brought current. Trillionbytes reserves the right to terminate the account and delete the files. Trillionbytes reserves the right to apply a RM50.00 reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due.

06. In any case where Client has exceeded the allocated free quota of web space, Trillionbytes reserve the right to bill the extra web space used accordance with the standard price list.

07. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

B) Taxes

Trillionbytes shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Trillionbytes' server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

C) Material and Products

1. Trillionbytes will exercise no control whatsoever over the content of the information passing through the network except for what is noted in Section J of this agreement. Trillionbytes will not host any material that is, in Trillionbytes sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Please contact Trillionbytes if uncertain of the nature of your content. Trillionbytes makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.

2. Trillionbytes also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Trillionbytes is at the Client's own risk, and Trillionbytes specifically denies any responsibility for the accuracy or quality of information obtained through its services.

3. Customer warrants that all Domain Names and material submitted will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights, or is liberous, slanderous or harmful. Customer will not transmit unsolicited commercial email [spam], unethical, abusive materials, including but not limited to pornography, obscene, nudity, violations of privacy, viruses, hacking, warez, profane, racist, gambling or materials protected by trade secrets. Customers must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access.

4.0 Customer may not use the account as storage facility or as a download site for MP3, softwares, etc. Customer may also not offer free emails, free websites, free banner exchange services or any large scale free services. Customer may also not run any kind of chat script or create any kind of chating site using the hosting service.

5.0 At any time Trillionbytes believe that the service is being utilized by customer in contravention of any terms of the agreement, delinquent or non-payment of service or design fees or the traffic on this account causes any kind of network or server problem or disturbance, Trillionbytes may immediately terminate service without liability and without refund.

6.0 Utilization of data or information sent or received by customer is at customer's sole and absolute risk. Also due to the nature of the Internet, all information should be considered publicly accessible and important or private information should be carefully treated. Trillionbytes is not liable for protection or privacy of electronic mail. Trillionbytes makes no guarantee that customer shall be able to access its server at any given time. Trillionbytes specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information.

7.0 Customer acknowledges there is no free hosting period. Once service is ordered and processed, there are no refunds if the service is cancelled by customer before expiry(see next clause for exception). All contracts are automatically renewed for another term unless written cancellation by either party is given 14 days in advance of the renewal date or anniversary date.

8.0 The one (1) month money back guaranteed applies if Trillionbytes is unable to provide satisfactory service to its customer due to faults incurred by Trillionbytes. However, this guarantee does not include script functionality and trouble shootiing, fault, delay and any network connectivity problem caused by the network providers. And Trillionbytes shall not held responsible for any data or monetary loss of such service disruption(s).

9.0 Trillionbytes maintains control and ownership of any and all IP numbers and addresses that may be assigned to customer and shall have the sole discretion to change or remove any and all IP numbers and addresses.

10. Any web site hosted at our server under a shared hosting environment shall not utilize an unfair amount of any or all the server resources i.e. CPU Usage, Memory etc. The web site shall not exceed 10% of total server resources.

11. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Trillionbytes expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Trillionbytes specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

12. Client may not run background processes on Trillionbytes' servers. Violations of this policy will result in a user's background processes being killed, and may result in account suspension.

13. Customer fully accepts that filing of any suits must be in Malaysia and follows the laws of Malaysia.
Please visit Malaysian Communications and Multimedia Commission (MCMC) for more information.

D) Trademarks & Copyrights

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

E) Age

The Customer certifies that he or she is at least 18 years of age.

F) Internet Etiquette

01. Electronic forums such as mail distribution lists all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Trillionbytes may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Trillionbytes. All messages transmitted via Trillionbytes should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

02. Trillionbytes does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension and/or termination of the account.

03. ALL software and files uploaded must follow the standard Internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. Trillionbytes reserves the right to delete those files.

04. Clients may not use the account as storage facility or as a download site for MP3, software, offer free emails, free websites, free banner exchange services or any large scale free services. Customer may also not run any kind of chat script or create any kind of chatting site using the hosting service.

G) Privacy

Trillionbytes will make every effort to protect the privacy of Trillionbytes' clients. Trillionbytes will not reveal personal information regarding its clients. Trillionbytes cannot however protect privacy through the Internic registration database as this information is open to the public.

H) Termination

01. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal or fax transmission. Trillionbytes reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Trillionbytes may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

02. At any time Trillionbytes believe that the service is being utilized by client causes any kind of network or server problem or disturbance, Trillionbytes may immediately terminate service without liability and without refund.

03. All data not limiting to web and email will be deleted immediately if the termination is due to breach of contract, otherwise to be deleted 40 days after the date of service expiry.

I) Limited Liability

01. Client expressly agrees that use of Trillionbytes' Server is at Client's sole risk. Neither Trillionbytes, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Trillionbytes' Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Trillionbytes Server service, unless otherwise expressly stated in this Agreement.

02. Under no circumstances, including negligence, shall Trillionbytes, its offices, agents or any one else involved in creating, producing or distributing Trillionbytes' Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Trillionbytes Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Trillionbytes' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Trillionbytes' Server service.

03. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

J) Lawful Purpose

Client may only use Trillionbytes' Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted materials, material judged to be obscene, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability or material protected by trade secrets.

K) Indemnification

Client agrees that it shall defend, indemnify, save and hold Trillionbytes harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Trillionbytes, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Trillionbytes against Liabilities arising out of

01. any injury to person or property caused by any products sold or otherwise distributed in connection with Trillionbytes' Server;

02. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;

03. copyright infringement and

04. any defective product which Client sold on Trillionbytes Server.

L) Contact Revisions

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Trillionbytes services as specified in Section A.

01. ALL software and files uploaded must follow the standard Internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. Trillionbytes reserves the right to delete those files.

02. Clients may not use the account as storage facility or as a download site for MP3, software, offer free emails, free websites, free banner exchange services or any large scale free services. Customer may also not run any kind of chat script or create any kind of chatting site using the hosting service.

M) Value Added Reselling

Clients approved and authorized as Trillionbytes' resellers are allowed to resell the storage and transfer services provided by Trillionbytes as provided for in its standard product offering. Client agrees to handle and is responsible for all third-party client's content, support, set-up, maintenance and billing. Client agrees to having the necessary additional knowledge and skill level required. Client also agrees that they are responsible for all payments for accounts brought on by client under the reseller program.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

Trillionbytes, Trillionbytes web sites, Trillionbytes logo, and/or other Trillionbytes products and services referenced herein may also be either trademarks or registered trademarks of Trillionbytes in Malaysia and/or other countries.

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