Terms of Use/AUP/SLA
 |
|
 |
|
This Agreement will govern your purchase and use of any Websg.net Hosting Services (collectively called "Plan(s)" , your account will also be referred to as your "Plan(s)"), ordered by you and accepted by Websg.Net Hosting and explains the terms and conditions that apply to your purchase and the use of the Plan(s). It is required that you register and accept this terms and conditions in order to use the Plan(s). By clicking "sign up" button you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge. In this agreement. websg.net also mens websg technologies which is registered business in Singapore.
The Acceptable Use
Policy (AUP):
Under this Agreement, Customer shall comply with Websg.Net Hosting's
then current Acceptable Use Policy ("AUP"), as amended, modified
or updated from time to time by Websg.Net Hosting, which currently can
be viewed under the terms of serive section of this web site, and which
is incorporated in this Agreement by reference. Customer hereby acknowledges
that it has reviewed the AUP and that the terms of the AUP are incorporated
herein by reference. In the event of any inconsistencies between this
Agreement and the AUP, the terms of the AUP shall govern. Websg.Net Hosting
does not intend to systematically monitor the content that is submitted
to, stored on or distributed or disseminated by Customer via the Service
(the "Customer Content"). Customer Content includes content
of Customer's customers and/or users of Customer's website. Accordingly,
under this Agreement, you will be responsible for your customers content
and activities on your website. Notwithstanding anything to the contrary
contained in this Agreement, Websg.Net Hosting may immediately take corrective
action, including removal of all or a portion of the Customer Content,
disconnection or discontinuance of any and all Services, or termination
of this Agreement in the event of notice of possible violation by Customer
of the AUP. In the event Websg.Net Hosting takes corrective action due
to a violation of the AUP, Websg.Net Hosting shall not refund to Customer
any fees paid in advance of such corrective action. Customer hereby agrees
that Websg.Net Hosting shall have no liability to Customer or any of Customer's
customers due to any corrective action that Websg.Net Hosting may take
(including, without limitation, Termination of Services).
Term:
The Term of this Agreement shall be as set forth in the Order
Form (the "Term"). The Term shall begin upon commencement of
the Services to Customer. After the Initial Term, this Agreement shall
automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE,
AGREE AND AUTHORIZE Websg.Net Hosting TO AUTOMATICALLY BILL AND/OR CHARGE
ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL
TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS
SECTION. The Initial Term and all successive renewal periods shall be
referred to, collectively, as the "Term".
Payment:
All charges for your Plan(s) must be paid in
advance according to the most current price or your previously locked
in price of the Plan(s). Upon registration, you must pay for your Plan(s)
by our accptable payment ways listed in our website. Upon paying for
your Plan(s), you thereby
grant permission to Websg.Net Hosting to charge any fees in accordance
with your Plan(s). If you choose to pay by check, you authorize Websg.Net
Hosting to automatically transfer money from your checking account, without
invoice, via the transit and routing numbers you will supply or have
supplied
in the order form. If you pay by credit card, you must notify Websg.Net
Hosting of any changes (including, but not limited to the, number, expiration,
cancellation of your card, and your billing address) to your card that
may prevent Websg.Net Hosting from billing you.
One Week Money Back Guarantee:
Each of Websg.Net Hosting's hosting plans carries a 7-day unconditional
money back guarantee. If you are not completely satisfied with our services
or support within the first 7 days, you will be given a full refund of
the fees paid upon plan cancellation requested by customer(s). The following
services
do not qualify for the 7-Day Money Back Guarantee: additional items and
services; domain name registration; dedicated servers; account upgrades;
and overage fees.
Refunds:
First week apply to our "One Week Money Back Guarantee". After
the first week. the amount for refund will based the usage round to month.
If the
total
usage of month is more than half of your payment period, then no refund
will given. In any case, the refund will be provided in the same payment
method of the original payment and customer need to bear the transaction
fee if applicable for payment received transaction and refund sending
transaction.
If user failed to pay the websg.net the outstanding payment in one week. user will be charge 5% of total outstanding payment as penalty fee. If user failed to pay it the outstading fee in two weeks, the accounts will be suspended. The suspend period will last two week. user can pay the outstanding payment to reactivate account during suspend period. after suspend period, account will delete from our servers, and Websg.not doesn't responsible for any data lost for user's website.
User Agreement Violations:
Failure to follow Websg.Net Hosting's Agreement, policies, guidelines
(collectively called "Conditions") will result in cancellation
of your Plan(s). Websg.Net Hosting will be the sole arbiter as to what
constitutes a violation of the Conditions. Websg.Net Hosting reserves
the right to remove any Plan(s) without prior notice. Websg.Net Hosting
may investigate any reported violation of the Conditions or any complaints
and take any action that it deems appropriate and reasonable to protect
its service, systems, facilities, and/or third parties.
Actions Taken by Websg Hosting:
The failure by a customer to meet or follow any of the User Agreement
is grounds for account deactivation. Websg.Net Hosting will be the sole
arbiter as to what constitutes a violation of the User Agreement. Websg.Net
Hosting reserves the right to remove any account without prior notice
and to refuse service to anyone at any time. When Websg.Net Hosting becomes
aware of an alleged violation of its User Agreement, Websg.Net Hosting
will initiate an investigation. During the investigation, Websg.Net Hosting
may restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation, Websg.Net
Hosting may, at its sole discretion, restrict, suspend, or terminate a
customer's Web hosting account and/or pursue other civil remedies. If
such violation is a criminal offense, Websg.Net Hosting will notify the
appropriate law enforcement authorities of such violation. An unlisted
activity may also be a violation of the User Agreement if it is illegal,
irresponsible, or constitutes disruptive use of the Internet. Websg.Net
Hosting does not issue credits for outages incurred through service disablement
resulting from User Agreement violations. Violators of the policy are
responsible, without limitations, for the cost of labor to rectify any
damage done to the operation of the network and business operations supported
by the network, and to respond to complaints incurred by Websg.Net Hosting.
Customers' Responsibility:
Customers are required to use Websg.Net Hosting's service(s) responsibly.
This includes respecting the other customers of Websg.Net Hosting. Websg.Net
Hosting reserves the right to suspend and/or cancel service(s) with any
customer who uses Websg.Net Hosting's Service(s) in such a way that adversely
affects other Websg.Net Hosting customers. While Websg.Net Hosting may
monitor its service electronically to determine that its facilities are
operating satisfactorily, as a general practice, Websg.Net Hosting does
not monitor its customers' communications or activities to determine whether
they are in compliance with this agreement. However, when Websg.Net Hosting
becomes aware of any violation of this agreement or the AUP, Websg.Net
Hosting may take any action to stop or correct such violation, including,
but not limited to, denying access to Websg.Net Hosting's services and
equipment or to the Internet. In addition, Aceent may take action against
a customer or a customer of such customer because of the activities of
such customer. Websg.Net Hosting anticipates that customers who offer
Internet services will cooperate with Websg.Net Hosting in any corrective
or preventive action that Websg.Net Hosting deems necessary. Failure to
cooperate with such corrective or preventive measures is a violation of
Websg.Net Hosting policy and Websg.Net Hosting reserves the right to take
any such action even though such action may affect other customers of
the Websg.Net Hosting customer.
Disclaimer of Warranty:
Customer agrees to use all Services and any information obtained through
or from Websg.Net Hosting, at Customer's own risk. Customer acknowledges
and agrees that Websg.Net Hosting exercises no control over, and accepts
no responsibility for, the content of the information passing through
Websg.Net Hosting's host computers, network hubs and points of presence
or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED
ON AN AS IS, AS AVAILABLE BASIS. NONE OF Websg.Net Hosting, ITS PARENT,
SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH,
AN "Websg.Net Hosting PERSON") MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
FOR THE SERVICES OR ANY EQUIPMENT Websg.Net Hosting PROVIDES. NO Websg.Net
Hosting PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES 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, SERVICES OR MERCHANDISE CONTAINED
IN OR PROVIDED THROUGH THE SERVICES. Websg.Net Hosting IS NOT LIABLE,
AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S
CUSTOMERS VIA THE SERVICES PROVIDED BY Websg.Net Hosting. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY ANY Websg.Net Hosting PERSON, WILL CREATE
A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS
OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Limited Warranty:
Websg.Net Hosting represents and warrants to Customer that the Services
will be performed (a) in a manner consistent with industry standards reasonably
applicable to the performance thereof; (b) at least at the same level
of service as provided by Websg.Net Hosting generally to its other customers
for the same services; and (c) in compliance in all material respects
with the applicable Service Descriptions. Customer will be deemed to have
accepted such Services unless Customer notifies Websg.Net Hosting, in
writing, within thirty (30) days after performance of any Services of
any breach of the foregoing warranties. Customer's sole and exclusive
remedy, and Websg.Net Hosting's sole obligation, for breach of the foregoing
warranties shall be for Websg.Net Hosting, at its option, to re-perform
the defective Services at no cost to Customer, or, in the event of interruptions
to the Services caused by a breach of the foregoing warranties, issue
Customer a credit in an amount equal to the current monthly service fees
pro rated by the number of seconds in which the Services have been interrupted.
Websg.Net Hosting may provision the Services from any of its data centers
and may from time to time re-provision the Services from different data
centers.
The foregoing warranties shall not apply to performance issues or defects
in the Services (a) caused by factors outside of Websg.Net Hosting's reasonable
control; (b) that resulted from any actions or inactions of Customer or
any third parties; or (c) that resulted from Customer's equipment or any
third-party equipment not within the sole control of Websg.Net Hosting.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Websg.Net Hosting MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS,
AND Websg.Net Hosting HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING
THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER
IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER.
Websg.Net Hosting DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE OR COMPLETELY SECURE.
Acceptable Use Policy (AUP)
All users of Websg.Net Hosting's services, and all customers upon signing up for Websg.Net Hosting's services, agree to comply with Websg.Net Hosting's Acceptable Use Policy ("AUP"). The spirit of the AUP is to ensure customers are using Websg.Net Hosting's services with due regard to the rights of other Internet users and in conformity with the requirements of Websg.Net Hosting's network environment. The AUP are not exhaustive and Websg.Net Hosting reserves the right to add, delete, or modify any provision of its AUP at any time without notice, effective upon either the posting of the modified AUP to www.Websg.Net Hosting or notification of the modified AUP. Any complaints about a customer's violation of the AUP should be sent to Websg.Net Hosting's abuse department .
Acceptable Use Policy (AUP) Violations:
Violation of the AUP is strictly prohibited. Any violation will result
in immediate suspension, termination and/or compensations awarded to Websg.Net
Hosting for damages caused by these violations as detailed in this Policy.
You shall remain solely liable and responsible for your use of the Plan(s)
and any all content that you display, upload, download, or transmit through
the use of the Plan(s). Websg.Net Hosting will be the sole arbiter as
to what constitutes a violation of this policy.
Illegal Use:
Websg.Net Hosting servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information, data, or material
in violation of any applicable law or regulation, or that may directly
facilitate the violation of any particular law or regulation is prohibited.
This includes, but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used without proper
authorization; material that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws.
Usage of allotted Resources:
Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes agreed to in the stipulated measurements outlined
on the web site at the time of sign-up (or other measurements of services
in the form of gigabytes, terabytes, etc.) per month for the Services
ordered by Customer on the Order Form (the "Agreed Usage").
Websg.Net Hosting will monitor Customer's bandwidth and disk usage. Websg.Net
Hosting shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which actions
may be taken in Websg.Net Hosting's sole and absolute discretion. If Websg.Net
Hosting takes any corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in advance prior to such
action.
Usage of Server Resources:
Customer agrees that Customer shall not use excessive amounts of server
resources (such as, but not limited to, CPU time & memory usage) on
any of Websg.Net Hosting's servers. Any violation of this policy may result
in corrective action by Websg.Net Hosting, including assessment of additional
charges, disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken in Websg.Net Hosting's sole
and absolute discretion. If Websg.Net Hosting takes any corrective action
under this section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action.
E-mail Spamming:
Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming") is prohibited, regardless of whether or
not it overloads a server or disrupts service to Websg.Net Hosting's customers.
The term "spamming" also includes, but is not limited to, maintaining
an open SMTP policy, engaging in spamming using the service of another
ISP or IPP and referencing in the spam a Web site hosted on a Websg.Net
Hosting server, and selling or distributing software (on a Web site residing
on a Websg.Net Hosting server) that facilitates spamming. Violators will
be assessed a minimum fine of $200 and will face immediate suspension.
Websg.Net Hosting reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision.
Software Distribution:
Websg.Net Hosting's Web Hosting Plans are not configured for the purposes
of distributing software and/or multimedia products. If you wish to distribute
software and/or multimedia files, please contact Websg.Net Hosting's sales
department to make special arrangements.
Multimedia Files:
Multimedia files are defined as any graphics, audio, and video files.
Websg.Net Hosting Web Hosting Plans are not to be used for the purposes
of distributing and storing unusual amounts of multimedia files. Any Web
site whose disk space usage for storing multimedia files exceeds 70% of
its total usage, in terms of total size or number of files, will be considered
to be using an unusual amount of multimedia files
Adult Content:
Adult-oriented sites, pornography and sex-related merchandising are prohibited.
This includes sites that may infer sexual content of any kind or provide
links to adult content elsewhere. We also prohibit sites that provide
storage, sale, distribution, hypertext link to, advertisement, promotion
or hosting of material that is unlawful, defamatory, obscene, harmful,
threatening, harassing, or an intrusion of privacy or publicity rights,
or otherwise objectionable.
Child Pornography:
The use of Websg.Net Hosting's services to store, post, display, transmit,
advertise or otherwise make available child pornography is prohibited.
Websg.Net Hosting is required by law, and will, notify law enforcement
agencies when it becomes aware of the presence of child pornography on,
or being transmitted through, its services.
CGI-scripts:
Cgi-script sharing among domains not hosted by Websg.Net Hosting is strictly
prohibited. Any CGI-scripts considered to be harming system performance
or network integrity will be shut down without prior notice. Also, excessive
CPU processing or memory usage is strictly prohibited on any Websg.Net
Hosting server.
System and Network Abuse:
Violations of system or network security are prohibited and may result
in criminal and civil liability. Examples of system or network security
violations include, without limitation the following: unauthorized access
to or use of data, systems or networks, including any attempt to probe,
scan or test the vulnerability of a system or network or to breach security
or authentication measures without express authorization of the owner
of the system or network; interference with service to any user, host
or network including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks; forging of any TCP-IP
packet header or any part of the header information in an email or a newsgroup
posting.
System and Network Security:
Any form of violation of Websg.Net Hosting's, or any third party's server,
system, or network security through the use of the Plan(s) are prohibited
and may result in criminal or civil liability. Websg.Net Hosting may investigate
such incidents involving such violations and cooperate with the proper
law enforcement authorities if a criminal violation is suspected. This
includes, without limitation: (1) distributing or hosting content, destructive
or harmful content including, without limitation, viruses, Trojan Horses,
worms, time bombs, cancel bots or any computer programming routines that
may damage or interfere with any system, program, data or personal information;
(2) any form of hacking or unauthorized access, which includes, without
limitation, use probing, or scanning of systems security or authentication
measures, data or traffic; (3) interference with service to any user,
host, or network including any form of attempts to overload a system,
any form of system attacks, or forgery which can come from any kind of
program/script/command or messages of any kind designed to interfere with
a user's terminal session, via any means, locally or by Internet; (4)
any form of interception which includes, without limitation, unauthorized
monitoring of data or traffic on any network, server or system without
express authorization from the owner; (5) any form of avoidance of system
restriction; (6) and any form of failure to safeguard accounts which includes,
without limitation, failure to prevent unauthorized access by giving away
passwords. Websg.Net Hosting reserves the right to limit or disable any
and all account features that may compromise server security.
Viruses and Other Destructive Activities:
Use of Websg.Net Hosting's services or equipment for creating or sending
Internet viruses, worms or Trojan horses, or for pinging, flooding or
mail bombing, or engaging in denial of service attacks is prohibited.
It is also prohibited for any customer to engage in other activity that
is intended to disrupt or interfere with, or that results in the disruption
of or interference with, the ability of others to effectively use Websg.Net
Hosting's services and equipment (or any connected network, system, service
or equipment) or conduct their business over the Internet.
Service Level Agreement (SLA):
WebSG.NET strives to maintain a 99.5% network and server uptime service
level.This uptime percentage is a monthly figure, and is is calculated
solely by our monitoring systems or our authorized/contracted outside
monitoring services. If we fails to meet it's 99.5% uptime guarantee,
and it is not due to one of the exceptions below, credits will be made
available to each client, upon request. more than 10 consecutive mins
outage will be considered real outage. Besides credit amount, websg.net
WON'T pay any other payment or return to customer due to our server/network
outage.
Exceptions:
Customer shall not receive any credits under this SLA in connection with
any failure or deficiency of the websg network caused by or associated
with:
Credits:
In the event that there is no Web Site Availability, WebSG.NET will credit
the monthly service charge for the Service as calculated below and
as
measured 24-hours a day in a calendar month, with the maximum credit
not to exceed the monthly service charge for the affected month:
Web Site Availability Credit Standard
95% to 99.5% = 25%
90% to 94.9% = 50%
89.9% or below = 100%
In order for YOU to receive a credit on YOUR account, YOU must request such credit within five (5) business days after YOU experienced no Web Site Availability. YOU must request credit by sending an electronic mail message to sales@websg.net
WebSG Technologies reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy, SLA at any time without priority notice
WebSG Technologies,Singapore
Abuse Department
abuse@Websg.net
