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Here
are the terms that go along with your account. Signing up for service
indicates that you have read and accepted these terms.
WHEREAS,
Exxelnet Solutions Pte Ltd is a Web Service Provider connected to
the Internet. Exxelnet Solutions Pte Ltd offers storage and transfer
services over the Internet through access to its Web Server or client's
co-location servers;
WHEREAS,
Client seeks to utilize Exxelnet Solutions Pte Ltd's server for
its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, Exxelnet Solutions
Pte Ltd can make no guarantee that any given reader shall be able
to access Exxelnet Solutions Pte Ltd's server at any given time.
Exxelnet Solutions Pte Ltd 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;
NOW THEREFORE, in consideration of the mutual
promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a monthly, quarterly,
half-yearly or multi years contract. Accounts are payable in the
period as agreed to, and signifies such agreement by acknowledgement
in account setup form or subsequent written agreement. A month is
considered to be a calendar month. The date at which a new account
becomes active shall be the date upon which notification is sent
to the Client of the IP number or Domain password and information.
There
shall be NO REFUND of payment for termination of contract. However,
we do allow transfer of hosting space to another domain name within
the contract period, if possible. Setup fee is applicable in this
instance.
2. Full payment for the agreed contract period,
setup charges plus domain name fee, if any, shall be due upon agreement.
3. This agreement will automatically renew
unless cancelled in writing 30 days prior to the renewal date. Renewal
prices are subject to change. Renewal of services by Client indicates
agreement to Contract and Agreement revisions if any.
4.
Invoices are sent out via post or email. If an account is not paid
in full within 30 days of the due date then we have the right to
suspend your account (without notice) until all payments have been
received. It is the duty of the client to keep Exxelnet Solutions
Pte Ltd updated on their current address and Admin email contact.
II.
Taxes:
Exxelnet Solutions Pte Ltd shall not be liable
for any taxes or other fees to be paid in accordance with or related
to purchases made from Client or Exxelnet Solutions Pte Ltd's server.
Client agrees to take full responsibility for all taxes and fees
of any nature associated with such products sold.
III. Responsibilities:
1.
Exxelnet Solutions Pte Ltd exercises no control whatsoever over
the content of the information passing through the network. Exxelnet
Solutions Pte Ltd make no warranties or representations of any kind,
whether expressed or implied for the service it is providing. Exxelnet
Solutions Pte Ltd also disclaims any warranty of merchant-ability
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 Exxelnet Solutions Pte Ltd is at the Client's
own risk, and Exxelnet Solutions Pte Ltd specifically denies any
responsibility for the accuracy or quality of information obtained
through its services.
Connection
speed represents the speed of a connection to and do not represent
guarantees of available end to end bandwidth. Exxelnet Solutions
Pte Ltd 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. Exxelnet Solutions Pte Ltd specifically denies
any responsibilities for any damages arising as a consequence of
such unavailability. In the event that this material is not "Server-ready",
Exxelnet Solutions Pte Ltd may, at its option and at any time, reject
this material, including but not limited to after it has been put
on Exxelnet Solutions Pte Ltd's Server. Exxelnet Solutions Pte Ltd
agrees to notify Client immediately of its refusal of the material
and afford Client the opportunity to amend or modify the material
to satisfy the needs and/or requirements of Exxelnet Solutions Pte
Ltd. If the Client fails to modify the material, as directed by
Exxelnet Solutions Pte Ltd, within a reasonable period of time,
which shall be determined between the parties themselves, the Agreement
shall be deemed to be terminated.
IV.
Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks,
if any and grants Exxelnet Solutions Pte Ltd the right to use such
trademarks in connection with Exxelnet Solutions Pte Ltd's services.
V. Age:
The Customer certifies that he or she is
at least 21 years of age.
VI. Internet Etiquette:
Electronic forums such as mail distribution
lists and Use Net news groups 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 Exxelnet Solutions Pte Ltd may not be used
to impersonate another person or misrepresent authorization to act
on behalf of others or Exxelnet Solutions Pte Ltd. All messages
transmitted via Exxelnet Solutions Pte Ltd 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.
VII.
Anti-Spam Policy:
Exxelnet
Solutions Pte Ltd is here to provide professional quality services
to our customers. One of our priority responsibility is to protect
the privacy of our customers and to create a better Internet Environment
in general. Please read our Anti-Spam Policy carefully as we have
zero tolerance towards any kinds of spamming activities.
NO
SPAMMING, PROVEN SPAM WILL RESULT IN IMMEDIATE TERMINATION OF SERVICE!
SPAM
/ Email Policies
Exxelnet
Solutions Pte Ltd's hosting is committed to a zero-tolerance, anti-Spamming
policy. Under this policy, we strictly prohibit Spam, or any
unsolicited commercial email (UCE), from being sent either: Over
the Exxelnet Solutions Hosting network, by customers or any other
users of the Exxelnet Solutions Hosting network (including customers'
customers); AND/OR over ANY network- if the message sent advertises
or mentions a site hosted on the Exxelnet Solutions Hosting server.
We react quickly and seriously to violations,
and we further reserve the right to terminate the services, without
prior notice, of any customer disregarding this policy.
Notwithstanding
the above, proven cases will need to compensate Exxelnet
Solutions Pte Ltd S$5 for every proven SPAM, UCE or irrelevant newsgroup
postings. MPEG, MP3, AVI and all streaming video/audio and related
materials are expressively prohibited from our virtual hosting servers.
Written permission have to be obtained for such materials to be
loaded into our virtual hosting servers. Port scanning, Internet
Relay chats are expressively prohibited from all our services.
What
is spam?
Spam (unsolicited commercial e-mail or UCE) is an email message
that you send to someone when they did not ask for it.
There
are many kinds of spamming. Posting irrelevant messages on newsgroups,
usenet, message board, chat sites, forums, etc.
For
more info about spamming, visit http://www.abuse.net
What
is your anti-spam policy?
As if we have zero tolerance towards spam, if you spam, your hosting
account will be terminated, without prior notice, you will
be denied from using your email services immediately.
VIII. Termination:
1. Exxelnet Solutions Pte Ltd may terminate
service under this Agreement at any time, without penalty, if the
Client fails to comply with the terms of this Agreement.
2.
In the case of "Force Majeure", Exxelnet Solutions Pte
Ltd will notify the Client at the earliest opportunity. "Force
Majeure" will entitle either party to withdraw from their contractual
obligations. The Client will remain liable for all costs incurred
up to the occurrence of "Force Majeure". "Force Majeure"
means any event or thing outside Exxelnet Solutions Pte Ltd reasonable
control, which directly or indirectly causes Exxelnet Solutions
Pte Ltd becoming unable in whole or in part to perform its obligations
under this Agreement, and includes but is not limited to:
(i)
acts of God or the public enemy, national emergencies, asteroids
or other space calamity (including but not limited to meteorological
or astronomical disturbances), use of atomic weapons or nuclear
fusion or fission, radioactive contamination, insurrection, riot,
hostile or warlike action in peace or war, sabotage, receive earth
station outage, earthquakes, tidal waves, hurricanes, snowstorms,
rain fade, fires, floods, or electromagnetic radiation from the
sun;
(ii)
strikes, lockouts, labour disputes, work stoppages, embargoes or
any other labour difficulties;
(iii)
action or inaction by a government entity or agency; or
(iv)
the unrelated action or inaction of a third party which is beyond
Exxelnet Solutions Pte Ltd reasonable control, which causes a delay
or ultimately a failure to perform Exxelnet Solutions Pte Ltd obligations
under this Agreement.
IX.
Limited Liability:
1. Client expressly agrees that use of Exxelnet
Solutions Pte Ltd's Services is at Client's sole risk. Neither Exxelnet
Solutions Pte Ltd, its employees, affiliates, agents, third party
information providers, merchants licensers or the like, warrant
that Exxelnet Solutions Pte Ltd's services 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 services or as to the accuracy,
reliability or content of any information service or merchandise
contained in or provided through the Exxelnet Solutions Pte Ltd
services, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence,
shall Exxelnet Solutions Pte Ltd, its offices, agents or any one
else involved in creating, producing or distributing Exxelnet Solutions
Pte Ltd's services be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of or
inability to use the Exxelnet Solutions Pte Ltd services; 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 Exxelnet Solutions
Pte Ltd's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on Exxelnet Solutions
Pte Ltd's services.
3. Client is to monitor their own domain
renewals/registrations. Please inform Exxelnet Solutions Pte Ltd
immediately if there is any discrepancies. Exxelnet Solutions Pte
Ltd will not be liable for any domains it failed to secure even
if payment is made in full. For such cases, Exxelnet Solutions Pte
Ltd will refund the domain fees paid in full. Any penalties resulting
from expired or deleted domains are to be borne exclusively by Client
4.
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.
X. Lawful Purpose:
Client may only use Exxelnet Solutions Pte Ltd's Server for lawful
purpose. Transmission of any material in violation of any International,
State or Local regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged to be threatening
or obscene, pornographic, profane, or material protected by trade
secrets. Exxelnet Solutions Pte Ltd expressly forbids anyone from
using Exxelnet Solutions Pte Ltd's servers for the propagation,
distribution, housing, processing, storing, or otherwise handling
in any way lewd, obscene, or pornographic material, or any other
material which we deem to be objectionable, including, but not limited
to pornography, satanic materials, and any and all materials of
an adult nature. This also includes links or any connection to such
materials. The designation of any materials as such described above
is left entirely to the discretion of the Exxelnet Solutions Pte
Ltd management.
XI. Indemnification:
Client agrees that it shall defend, indemnify,
save and hold Exxelnet Solutions Pte Ltd harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorneys' fees, ("Liabilities") asserted against Exxelnet
Solutions Pte Ltd, 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 Exxelnet Solutions Pte Ltd against Liabilities
arising out of
(i)
any injury to person or property caused by any products sold or
otherwise distributed in connection with Exxelnet Solutions Pte
Ltd's Server;
(ii) any material supplied by Client infringing or allegedly infringing
on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which
Client sold on Exxelnet Solutions Pte Ltd Server.
(iv)
any defective product which Client sold on Exxelnet Solutions Pte
Ltd services.
XII. Contract Revisions:
Revisions to this Contract will be applicable
to previous Contracts. Revisions will be considered agreed to by
the Client on renewal of Exxelnet Solutions Pte Ltd. Services as
specified in Section I. Financial Arrangements.
XIII. Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise
publicly offensive material using Exxelnet Solutions Pte Ltd's server.
All content is subject to denial at any time on the basis of controversial
media.
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.
This
Agreement shall be governed and construed in accordance with the
laws of the Singapore and of the SBA.
Please
print a copy of the Agreement for your reference.
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