Terms and Conditions

The following agreement is between Acme Commerce Sdn Bhd (“ACSB”) and You (“client”).

  1. WHEREAS, ACSB is an information provider connected to the Internet. ACSB offers web hosting and email server hosting services over the Internet through access to its Web Server;
  2. WHEREAS, Client seeks to utilize ACSB’s server for its own purposes;
  3. WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, ACSB can make no guarantee that any given reader shall be able to access ACSB’s server at any given time. ACSB 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.
  4. ACSB reserves the right to terminate or refuse service to anyone, at any time and for any reason, including but not limited to violation of ACSB’s Acceptable Use Policy (AUP) or laws of Malaysia. Should ACSB terminate client’s service for a reason other than violation of the Acceptable Use Policy, ACSB will issue client a refund for the remaining paid period of service. Under no circumstances is ACSB responsible for any damages resulting from termination of service. ACSB reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without a cause.
  5. ACSB has the right to cancel products and services without refund for pending orders due to insufficient information and/or documents supplied. All information & document(s) shall be submitted to ACSB within 90 days from the purchase or terminate date, any failure to do so will result in the cancelation of the service/product by ACSB.  

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

A) Financial Arrangements

  1. Client agrees to a minimum one (1) year contract, beginning upon ACSB’s receipt of payment for the first year of service.
  2. 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.
  3. 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 ACSB form or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.
  4. Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. Payments may also be made by cheque. Returned cheques are subject to a RM50.00 returned cheque fee.
  5. Accounts that have unpaid invoices and past the renewal date will be suspended without prior notice until the account is brought current. ACSB reserves the right to terminate the account and delete the files. ACSB 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.
  6. In any case where Client has exceeded the allocated free quota of web space, email space and data transfer ACSB reserve the rights to bill the extra web space, email space and data transfer used accordance with the standard price list or suspend the account immediately without any prior notice.
  7. 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.
  8.  All approved refunds will be processed within 30 days.

B) Taxes

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

C) Material and Products

ACSB 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. ACSB will not host any material that is, in ACSB 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 ACSB if uncertain of the nature of your content. ACSB makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.

ACSB 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 ACSB is at the Client’s own risk, and ACSB 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. ACSB 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. ACSB specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

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

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

  1. 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 ACSB may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ACSB. All messages transmitted via ACSB 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.
  2. ACSB 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.
  3. Software items that result in denial of service are not fit for use. ACSB reserves the right to delete those files.
  4. Clients may not use the account as storage facility or as a download site for MP3, softwares, 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.

G) Privacy

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

H) Termination

  1. 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. ACSB reserves the right to verify all cancellations before terminating service. Notwithstanding the above, ACSB may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
  2. At any time ACSB believe that the service is being utilized by client causes any kind of network or server problem or disturbance, ACSB may immediately terminate service without liability and without refund.
  3. 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 45 days after the date of service expiry.
  4. Termination Due to None Renewal. ACSB may terminate this Agreement if You failed to pay for the renewal fees of its Services on time upon renewal.
  5. Termination Due to None Compliance by Customer. If the Agreement or Services is terminated by You or by ACSB due to non-compliance by You of any provisions in this Agreement prior to the expiry of the
    Initial Term, You shall pay ACSB in full all charges, fees and rentals for the remainder of the said term. Or refer to Appendix I
  6. Fees. On termination of this Agreement, You shall pay ACSB:
    • all amounts invoiced to You in accordance with this Agreement and unpaid as at the termination date together with the interest charged on those amounts; and
    • all amounts incurred by You but not invoiced to You as at the termination date. Or refer to Appendix I
  7. Services De-activation. If You terminates your account, ACSB will de-activate the server/account on the day You specify the account is cancelled. ACSB will not maintain an archival copy of your Web site(s) or files. It is your responsibility to remove any data off the server prior to the date provided in their cancellation notice.
  8. Rights. Termination of this Agreement by either You or ACSB for any reason whatsoever shall be without prejudice to any other rights, remedies or claims ACSB may have against You under this Agreement or at law in respect of any antecedent breach by You of any provision of this Agreement
  9. Effect of Termination. If ACSB terminates Your right to access or use any portion or all of the Services:
    • You remain responsible for all fees and charges You have incurred prior the date of termination; Or refer to Appendix I
    • You remain responsible for any applicable fees and charges for any Services to which You continue to have access, as well as applicable data storage fees and charges, and fees and charges for inprocess tasks completed after the date of termination; Or refer to Appendix I
    • You will not be entitled to any service credits under the Service Level Agreements for any period of post termination; and refer to Appendix I
    • ACSB will erase ALL of Your Content as a result of Your termination, except as specified elsewhere in this Agreement. Or refer to Appendix I
    • Any such termination shall not be a breach by ACSB of this Agreement. Or refer to Appendix I
  10.  Without having to give any reason.

I) Limited Liability

  1. Client expressly agrees that use of ACSB’s Server is at Client’s sole risk. Neither ACSB, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ACSB’s 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 ACSB Server service, unless otherwise expressly stated in this Agreement.
  2. Under no circumstances, including negligence, shall ACSB, its offices, agents or any one else involved in creating, producing or distributing ACSB’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ACSB 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 ACSB’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ACSB’s Server service.
  3. 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 ACSB’s 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 ACSB harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against ACSB, 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 ACSB against Liabilities arising out of

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with ACSB’s Server;
  2. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement and
  4. any defective product which Client sold on ACSB 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 ACSB services as specified in Section A.

  1. 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. ACSB reserves the right to delete those files.
  2. Clients may not use the account as storage facility or as a download site for MP3, softwares, 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.

M) Value Added Reselling

Clients approved and authorized as ACSB’s resellers are allowed to resell the storage and transfer services provided by ACSB 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.

N) Provision of Services.

  1. Generally. At the request of You and subject to acceptance by ACSB, ACSB will provide the Services.
  2. Maintenance of Hardware and Software. Unless otherwise indicated in this Agreement, the Services shall not include the provision or maintenance of any computer equipment or software required by You to connect to the ACSB Internet Server.
  3. None Guaranteed of Services. ACSB does not guarantee or warrant the availability of the Services or continuous, uninterrupted or secure access to the Internet.
  4. None Guaranteed of Backup. ACSB does not guarantee or warrant that the data stored in the ACSB Internet Server will be backed up. You shall be responsible for keeping an independent backup of all data stored in the space allocated to You. 
  5. Right to Suspend. ACSB reserves the right to suspend the Services or any part of them for operational reasons or in an emergency and the You shall not make any claim or compensation from ACSB.

O) Other Agreements

Client agrees to abide by the terms set forth in this document as well as other ACSB policy documents including, but not limited to:

Domain Name Registration

Under this TOS, the Customer has the option, through the Order Form or as part of service activation within the Control Panel, to request ACSB to register a new domain name on behalf of the Customer. Customer understands and acknowledges that ACSB is not a Domain Registrar and that ACSB will register new domain names through a Domain Registrar partner selected by ACSB. Customer understands that the domain registration process requires ACSB to pass Customer Information to the Domain Registrar partner and such information may become public information. ACSB will not be responsible if a domain name is not available for any reason. ACSB will not be responsible for any infringement of any third party rights caused by its domain registration on behalf of Customer. For such new domain name registrations, Customer shall comply with the then current Domain Name Terms and Conditions posted at our current domain registrar partner’s website at https://opensrs.com/docs/contracts/exhibita.htm, ICANN Uniform Domain Name Dispute Resolution Policy posted at http://www.icann.org/dndr/udrp/policy.htm, and Registrant’s Benefits and Responsibilities Under the 2009 Registrar Accreditation Agreement posted at http://www.icann.org/en/resources/registrars/registrant-rights/benefits. ICANN also provides Registrant educational materials at http://www.icann.org/en/resources/registrars/registrant-rights/educational.

If the domain name expires, the domain name will become inactive and will enter a grace period. The customer can renew their domain after its expiration through the ACSB control panel during the grace period. If the domain has expired and passes the grace period, the domain name enters the redemption period and the customer must contact ACSB billing department to renew. If the customer desires to obtain rights to the domain name that is in the redemption period, the customer will be charged $150 to reclaim their rights to the domain name. If the domain is beyond the end of the redemption period, the customer understands that ACSB can no longer renew the domain name.

Modifications to the Agreement

ACSB may from time to time, vary or modify the terms and conditions of this Agreement (including any Policies) by posting/update a revised version on the ACSB Official Website. The modified terms will become effective upon posting or, if ACSB notifies You by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, You agree to be bound by the modified terms. It is Your responsibility to check the ACSB Website regularly for modifications to this Agreement. ACSB last modified this Agreement on the date listed at the beginning of this Agreement.

General

  1. Additional terms and conditions and policies set out in ACSB Website are in addition to this Agreement and ACSB reserves the right to revise those terms and conditions from time to time. In the event of any conflict or inconsistencies between the provisions of this Agreement and any terms and conditions set out in ACSB Website, the terms and conditions set out in ACSB Website shall prevail.
  2. In the event of an invoice dispute, You shall pay all undisputed amounts on the invoice due date. To the extent that You dispute any portion of the invoice, You shall notify ACSB in writing and provide documentation supporting Your dispute before the invoice due date or Your right to any billing adjustment shall be waived. If the dispute is resolved against You, You shall pay such amount due plus interest as set forth in this Agreement from the date the payment was originally due.

Appendix-I
Late Payment Interest
@1.5% Per Month
Minimum Late Fee
RM50.00
Re-Activation for Shared Accounts
RM50.00
Re-Activation for Instant VPS, Virtual Private Server, Dedicated Server, CoLocation Hosting/Accounts
RM150.00
Cancellation Fee for Shared Accounts (new purchase 30-days money guarantee back)
Full Refund
Termination and Refund (Shared Accounts New or Renewal & Other’s third-party services
Not Applicable for Refund
Termination and Refund (Virtual Private Server, Dedicated Server)
Early termination will subject to 50% payment of the balance months and deposit forfeited.
New Domain Registration & Renewal
Once Registration and Renewal proceed is Not Applicable for Refund
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Terms and Conditions

WebServer.com.my, a business unit of a privately owned Acme Commerce Sdn Bhd was established in 1989. Specializes in the complex managed hosting services such as database hosting and mission critical application hosting since 1999.

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