Terms & Conditions
The parties hereby agree that these terms form the service contract between you, the "Customer", i.e. the person or entity who is applying for the hosting service and "IPXCESS.COM", i.e. the provider of the hosting service. Once you agree to all the terms and conditions and apply for our service, then only will your order be processed.
1. IPXCESS.COM provides a dedicated server, sends and receive information in the World Wide Web. Customer wants to connect to and utilize this server to establish an internet web site.
2. 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.
3. This service may only be utilized for lawful purposes and shall not violate any municipal, state, federal statute, or any laws of Malaysia or from the laws of the country where the customer is located.
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 mail, bulk mail, mass mail], 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.
Customer agrees to indemnify and hold harmless IPXCESS.COM from and against any and all claims, actions, causes of actions, losses or damages including legal fees arising from the usage by customer of the services in violation of this paragraph.
4. 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. At any time IPXCESS.COM 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, IPXCESS.COM may immediately terminate service without liability and without refund.
For delinquent or non-payment, after cancellation or suspension, shall require an additional 50 per cent of the original fees to re-connect.
6. Customer warrants that IPXCESS.COM makes absolutely no warranties whatsoever, express or implied. Customer agrees that IPXCESS.COM shall not be liable for any claims or damages which may be suffered by customer including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions or loss of income caused by the fault or negligence of IPXCESS.COM. IPXCESS.COM is not responsible for any damages by customer's inability to use the services for any reason.
7. 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. IPXCESS.COM is not liable for protection or privacy of electronic mail. IPXCESS.COM makes no guarantee that customer shall be able to access its server at any given time. IPXCESS.COM specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information.
8. If IPXCESS.COM shall acquire a Domain Name on behalf of customer, then customer hereby waives any and all claims which it may have against IPXCESS.COM, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists or the release of the Domain Name from such directories or lists following the termination of the providing of this service by IPXCESS.COM for any reason.
9. 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. 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.
10. IPXCESS.COM 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.
11. Customer fully accepts that filing of any suits must be in Malaysia and follows the laws of Malaysia