Adcentury Network & Design Acceptable Usage Policy. This Terms of Service (the “Agreement”) is a legally binding contract between Adcentury Network & Design (the “Company”) and you (the “Customer”) that shall govern the purchase and use, in any manner, of services provided by the Company to the Customer (collectively, the “Services”). By purchasing or using the Services in any manner, the Customer represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of New York. If the Customer does not accept the Agreement and all terms and conditions set forth within, he/she should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without prior notice.
Term of Agreement
The Agreement becomes effective immediately upon submission of an order by the Customer for a period of time as specified on the original order form (the “Billing Term”). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below.
Payment and Fees
All fees are billed in United States Dollars (“USD”) or Ringgit Malaysia (“MYR”) and are subject to change at anytime with thirty (30) days prior notice to the Customer. Any account not paid in full by the end of the first day of the Billing Term will be suspended and a “Late Penalty” of $10.00 USD or RM 35 will be applied to the account. Following seven (7) days of non-payment, the Company reserves the right to terminate Services. The Company is not responsible for any damages or losses (including, but not limited to, loss of profit and loss of data) as a result of such suspension or termination.
Cancellation of Services
The Customer may cancel service by providing no less than three (3) days prior notice by sending/submitted an Email to our Customer Support department at email:support@shineshosting.com
Support Policy
The Company agrees to provide 247/365 technical support to the Customer. Support will be limited to the Company’s primary area of expertise. The Customer understands that the Company does not provide support for 3rd party software, coding or programming issues, building websites, etc. The final decision as to what is or is not covered by this Agreement is at the Company’s sole discretion. All official support requests must be make via the Customer Service Email at emai: support@adcentury.com.my
Emergency Support
The Company offers an “Emergency” support status that should be used only in the event that core services (such as HTTP, MySQL, SSH, or Email) are down, unresponsive, or non-functional. “Emergency” support does not constitute non-critical server issues, requests for minor changes, account suspensions, or other issues. The Customer understands that misuse of the Emergency ticket status will result in an “Emergency Fee” of $25.00 USD or RM 80.00 per incident.
Suspension or Termination of Services
The Company reserves the right to suspend or terminate the Agreement and all associated Services at anytime without notice and for any reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or losses (including, but not limited to, loss of profit and loss of data) resulting from such suspension or termination.
Support Fair Use Policy
The Company does not limit or restrict the amount of tickets or administration time that the Customer may use. The Company kindly asks that the Customer respects others by not abusing support resources. If the Customer is abusing support resources by submitting incessant tickets, requesting support for menial tasks that do not require support intervention, or constantly demanding immediate and “on the spot” support, the Company reserves the right to limit and/or deny support usage to the Customer.
Support Abuse
If the Customer directs any foul language, threats, or abuse in any form towards the Company or its staff, the Company reserves the right to terminate this Agreement and all associated Services without notice and without refund.
No Warranty
Customer expressly agrees that use of Adcentury Network & Design Services is at the Customer’s sole risk. Neither Adcentury Network & Design, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company’s Services 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 Services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledges and accepts that any damages will be limited to no more than 100% of the previous month’s invoice.
Limitation of Liability
Under no circumstances, including negligence, shall Adcentury Network & Design , its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our 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 Adcentury Network & Design records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold MyExHost Solutions harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees (“Liabilities”), asserted against the Company, its agents, its customers, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MyExHost Solutions against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on Adcentury Network & Design servers.
Governing Law and Disputes
The Agreement shall be governed by the laws of the Malaysia, exclusive of its choice of law principles, and the laws of the Malaysia, as applicable. By using Services provided by Adcentury Network & Design , you agree to binding arbitration. Disputes will be resolved by an independent, certified arbitrator, determined by Adcentury Network & Design . Decisions issued by that arbitrator are legally binding and final. All fees associated with the arbitration are the responsibility of the filing party. There are no exceptions to this agreement of arbitration.
Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
Transfer of Rights
The Customer may not, under any circumstances, transfer this Agreement to any other party without prior written consent of the Company. The Company reserves the right to levy a fee prior to any such transfer. The Company further reserves the right to deny any transfer.
Acceptable Use Policy (AUP)
As a provider of web hosting & others internet-related services, Adcentury Network & Design attempt to provide a more secure, reliable, and safe service, www.adcentury.com.my place restrictions on certain use of our service that could subject us to legal liability, damage, or loss. As such, the following "Acceptable Usage Policy" has been established to set forth the types of content that we cannot allow on www.adcentury.com.my network. Any violation of this “Acceptable Use Policy” will result in warning, suspension, or termination of all services at our discretion. The following would constitute a violation of this Acceptable Use Policy:
Resource Usage Abuse
The Customer understands that Services are operated using shared resources and that excessive consumption of server and/or network resources can have a detrimental impact on other users. The Company reserves the right to suspend or terminate Services that are found to be consuming excessive server and/or network resources. All determinations as to what constitutes “excessive server and/or network resources” shall be at the Company’s sole discretion.
Child Pornography
Hosting, distributing, or linking to a site to pornography involving a person under legal age.
Copyright
Hosting, distributing, or linking to copyright infringed materials.
Cracking
Brute force access of secured network devices.
DoS
Denial of service attack of network devices.
Forgery
Faking an IP address, hostname, e-mail address, or header.
Fraud Site
Hosting or linking to a website intended to deceive the public.
Hacking
Circumventing security systems of network devices.
Identity Theft
Hosting, distributing, or linking to stolen account identification information.
Infection
Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.
IRC Malicious
Malicious use of Internet Relay Chat.
IRC Unregistered
IRC server not registered and approved by MyExHost Solutions.
Uptime Guarantee
The Company guarantees to have your website accessible 99 % of the time excluding scheduled maintenance, DDOS, and routine reboots. If the Company fails to meet its guarantee, the Customer will be entitled receive a refund for any downtime beyond 1%. This policy applies only to Customer utilizing shared hosting.
30days Guarantee - Refund Policy
The Company offers a thirty (30) days money back guarantee on shared web hosting. No refunds are offered on reseller hosting and dedicated server and accounts. Additionally, no refunds will be issued for setup fees, domain registration, SSL certificates, dedicated IP addresses, or software licenses. Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. Refunds are only available for new accounts. If the Customer previously had Services with the Company, whether or not a refund was received, the Customer would not be eligible for a refund. The Company reserves the right to refuse a refund at anytime and for any reason. Refunds will be issued only to bank account that the original payment was sent from. The Company does not issue refunds via check, alternate credit cards, or
other payment methods. In any event, no refunds are offered after the first 30 days of Service.
Clients may either choose to pay the full fee in one payment or two payments to be agreed upon by the Developer. Should the sum be made in 2 payments, then 50% of the full fee has to be received before work commences and the balance payment to be received at the end of the work and before handover of finished files.
i.e: full fee is RM3000
- First Payment must be RM1500
- Balance Payment will be RM1500
- A deposit of 50% is required for any project before any design work is carried out.
Once a website has been designed and completed the final balance of the payment is then due in accordance with our payment terms. There are no exceptions to this, that is if the client decides the site is no longer needed , the client is still obliged to pay for the work completed and there will be no refund of the deposit paid. Non-payment will result in legal action being taken if necessary. We reserve the right to remove the work of the client from the Internet if payment is not received.
Client can request for a maximum of 3 changes of a new design draft without any charges.
Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and we reserve the right whether to give a new quotation or accept additional work. If additional work is accepted by the developer it may affect the time schedule and overall delivery date of the project. Additional work might incur extra charges and client will be informed by our Billing Department.
The Developer reserves the right to decline further work on a project if there are invoices outstanding from the Client.
Client will provide the photos and the content wording file need to be in .txt .doc format. Please ensure that these are the FINAL / LATEST copy.
We are not responsible for the photos and content provided by the client.
A one page DESIGN is the same as an A4 Print Out.
Web Browser
Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers, Internet Explorer and Mozilla Firefox latest releases. Client must agree that the Developer cannot guarantee compatibility with all browser software across different operating systems.
Projects
All alterations of website projects are to be requested in writing either by email or post by the Client. After the specified allowed hours of alterations have been completed, the Developer reserves the right to advise [ advise what? ] the Client as such and send a separate quotation to the Client and to request payment for any further alterations. The Developer reserves the right to request payment for further alterations before continuation of any work.
Upon completion of an agreed design the Client is asked to confirm in writing by email or post that the design has been completed and agreed upon and any other alterations are chargeable.
Client must agree to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design or website.
Client must agree that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. However, the Developer will try to match the design as closely as is possible when building the code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then the Client must agree that the Developer can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may edit their website code themselves to for further updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functional errors or the page fails to display correctly, then the Developer reserves the right to give a new quotation for further work to rectify or repair the website.
The Client must agree that it is their responsibility to have regular backups of their website and software made by themselves or a third party in case of a software or hardware ( e.g: we only backup the HTML pages and PSD. Unused photos or full size image will not be stored in our back up. )
All communications between the Developer and Client shall be by telephone, email, Skype, Customer Careline (msn) or post, except where agreed upon at the Developer's discretion. ( You may decide on the mode of communication as agreed upon in black and white as proof. )
