THIS AGREEMENT is made on the date of the Order Confirmation Form or the online order form ("the Order Form")
(1) ABC Computer Systems Ltd., a company incorporated in Hong Kong whose registered office is situated at Unit J, 18/F., World Tech Centre, 95 How Ming Street, Kwun Tong, Hong Kong. ("ABCHK"); and
(2) The Domain Name Owner or Company Name ('the Customer') as provided in the Order Confirmation Form and its address is at the address provided in the Order Form.
(A). The Customer wishes its website and data to be hosted on servers and made accessible via the Internet.
(B) The Customer has agreed to hire ABCHK to supply the hosting services upon the following terms and conditions
Now both parties agree as follows:-
ABCHK reserves the right to suspend or cancel a customer's access to any or all services provided by ABCHK when ABCHK decides that the account has been inappropriately used. If you are unsure whether any contemplated use or action is permitted, please send mail to account@ABCHK.com or Contact ABCHK by Phone for assistance.
- To ensure proper use, all files MUST be hyperlinked to files (.html, .jpg, .gif, etc.) stored on ABCHK server and vice versa. Any cgi scripts or php or any program language that consume large amounts of CPU usage or memory are not allowed. The user will be asked to remove any script that abuses system resources. All our hosting packages CANNOT be used as download sites of audio and video files, such as movie, software, games, music, mp3, wma, bt, wmv, mpeg, etc.
- All Web Site Hosting, Webmail iFiles Services included 10GB Bandwidth Traffic Each Month. Server Hosting included 100GB Bandwidth Traffic each month. All web site & email will NOT Suspended immediate when customer reach monthly Bandwidth Quota and ABCHK Hosting will contact customer by phone or email and request purchase additional Bandwidth. If Customer do not agree within 48hrs and ABCHK will Suspended account immediate.
- Size of Database included mysql, mssql, mdb not allow more than 200MB for all Share Web Hosting Package
- If customer feel that your needs will exceed the resources available on our shared web servers, please do not hesitate to contact us by phone or email.
- Transmission, distribution, or storage of any information, data or material in violation of Hong Kong regulation or law, sub-legislation or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other ordinance. ABCHK reserves the right to remove such illegal material from its server immediately and without any prior notice. ABCHK expressly forbids anyone from using ABCHK servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which ABCHK deem to be objectionable. ABCHK's decsioin in this respect is final and conclusive.
Unlawful and/or Unethical Use
- ABCHK does NOT allow sites/domains that provide points of distribution, participate in the act of or provide links to the following types of sites:
- Adult Sites - Any erotic or pornographic material, links to adults sites, or advertisements for adult sites.
- Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3).
- Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.
- Hacking / Phreaking - Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes or participates in the destruction or compromises the integrity of ABCHK.
- Defamation -- Defamatory speech or statement or matrials distributed over the Internet can result in civil liability or action for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
- BIG Forum / Chat Room -- the Forum which used more than 10GB Traffic per month not allow to host. Any kind of Chat Room not allow to host
- Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.
- Political, Pharmacy and Gambling Sites NOT allow to Host.
- Few more examples sites not allow to host : Online Game, Game Coin Selling/Trading/Information Web Site, Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery/Gambling Sites, MUDs/RPGs/PBBGs, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Push button mail scripts, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc), Tell A Friend Scripts, Anonymous or Bulk SMS Gateways, Bitcoin Miners, PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc).
Charges, Payment, Oustanding Invoice and Refund Policy
- In consideration of the provision of the Services by ABCHK to the Customer, the Customer shall pay ABCHK the Charges in accordance with the ABCHK's price schedule.
- The Charges are inclusive of all labour and materials.
- The Charges once paid by customer by Bank Deposit, T/T, Bank Transfer, ATM Transfer, and customer must provide the payment slip to ABCHK by email or fax. ABCHK will not settled the outstanding invoice if customer do not provide the payment proof.
(Payer should bear all bank charges of T/T Payment)
(The payment slip/proof must show and easy read the Amount & Customer information)
- ABCHK required three working days settled outstanding invoice after customer provide the payment proof by email or fax. If customer do not received official receipt by ABCHK within three working days and customer is required contact ABCHK Account Dept Immediately.
- ABCHK may charge the Customer interest in respect of late payment of any sum due under this Agreement, at a rate of 2% per month from the due date to the date of full payment.
- ABCHK is entitled to levy additional charge against the Customer and the Customer shall pay such additional charge to ABCHK within 7 days upon demand if and whenever the access of the Website or the use of the Services consumes excessive CPU time, memory or storage space of the Server or other resources of the Server.
- ABCHK will delete the domain record, email data, web files from our server at anytime if the Customer not settled the outstanding invoice.
- ABCHK will not provided any technical support if the Customer not settled the outstanding invoice.
- ABCHK will not provided any assistant for the domain registrars transfer out if the Customer not settled the outstanding invoice.
- NEW Customer outside Hong Kong, Macau, China that Pay by Credit Card. Customer is required to provide Credit Card Copy with Authorized Signature to process the order.
- The Charges once paid shall not be refunded in whole or in part for whatsoever reason.
Services Renewal & Termination Policy
- All Services Package Contract will automatic renewal Annually (except domain name)
- Services Termination - 30 Days Advance Notice is required.
E-Mail Acceptable Use
- ABCHK strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. ABCHK does not allow unsolicited mail. This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. The reason for this is that not only is it generally frowned upon by the internet community, but it also demands extra bandwidth to handle the effects of such mail.
- We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
- Sites advertised via SPAM (Spamvertised) is not permitted.
- Mass mailing, send newsletter, spamming is not permitted
- SMTP Each Session Limitation : 50 email
- Outgoing smtp email limitation is 1000 quota per day per email or per web site
- eMail Size attachment limitation is 20MB
- Each email a/c maximum storage cannot more than 100GB. Maximum files for each single webmail/imap folder cannot store more than 2000 messages/email.
- IMAP/Webmail Folder Optimation for folder store more than 2000 messages: All email accounts Inbox, Sent Folder will list last 180 days (6 months) email only. For email older than 180 days, it will automatic move to Folder : /Email-backup/Inbox/Yearly and /Email-backup/Sent/Yearly.
(If email's Inbox still over 2000 message after optimation and next time optimation that Inbox's email will list last 30 days message only)
- The Sender/From email not allow used the domain that not hosting with ABCHK if client used ABCHK smtp server.
- The email will not accept by our server if sender smtp IP blocked by http://www.spamhaus.org/ or http://www.barracudanetworks.com network
- Incoming email will bounce back if user mail box space over ~98% usage
- Incoming email limitation : 1000 email per hour per email
- Webmail Spam & Trash Folder : Keep last 7 days email only. The email older than 7 days will automatic removed by our systems.
- eShopping, DIYHomepage, ABCCRM allow send 1000 newsletter each month.
- The account will suspend or cancel a immediately if ABCHK received Spam Complaint from third party company, e.g. from spamcop or Data Centre etc..
Services are Intended for the End User Only
- Customers cannot sublease, sub host, or give away control of any portion of ABCHK's resources.
- Violation of any of ABCHK's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Permission-based email marketing policy (EDM or Mass Mailing PAID customer only)
- SPAMMING is NOT ALLOW all the time used our services.
- We forbids any SPAM messages to be sent from our service at any time.
- We practices a permission-based email marketing policy. It strictly prohibits users from sending Unsolicited Commercial Emails (UCE), which is also known as SPAM
- The legal ways of collecting mailing lists are:
- A mailing list is legit if the recipient agreed to receive email messages from you.
- Friends, family, colleagues, prospects, customers, partners, etc, which you have established a business relationship
- The illegal ways of collecting mailing lists are:
- Renting/buying email addresses from a third-party
- Collecting from Search Engine, business directories, newsgroups, websites and emails, etc.
- Getting emails with the help of email extracting software
- Keep sending emails to those who have already unsubscribed from your email list
- You are falsifying the sender email address
- Your target audience email addresses contains general addresses like:
- Our Definition of Email Spam ?
We consider any unsolicited, unexpected, or unwanted Email message sent to the email recipients in order to extort their valuables from them or to mislead them, or any message originating from someone you have not authorized to have your email address to be SPAM.
Email messages must comply with the following principles:
- To provide clear and accurate sender information in the message.
- To provide an unsubscribe facility and an unsubscribe facility statement in the message.
- No false, invalid or misleading information in the subject line or the body of Email message should be sent using EDM Service.
- No Email message must be sent to email recipients without having previously obtained her/his consent.
- Text displayed must clearly state or illustrate the service that is offered.
- Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.
To Comply with Law
What content is prohibited?
For example, US - Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM"), Australia's Spam Act 2003, HKSAR Unsolicited Electronic Messages Ordinance, etc.
Our Service doesn't allow spam or any sort of offensive or illegal content.
We do not send:
Our service does not accept email campaigns, that offer types of services, products, or content listed below:
- Emails that violate CAN-SPAM Act;
- Sexually explicit messages;
- Marketing emails to a list of people without their permission (unsolicited commercial email (UCE).
Anti-Spam Policy Enforcement
- Escort and dating services;
- Online and direct pharmaceutical sales,;
- Work from home, make money online, and lead generation opportunities ("get rich quick","build your wealth", "financial independence");
- Online trading, day trading tips, or stock market-related content including but not limited to stock message boards promotion;
- Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
- Affiliate marketing;
- Debt collections, credit repair and debt relief offerings;
- Mortgages and loans;
- Nutritional, herbal, and vitamin supplements;
- Adult novelty items or references;
- List brokers or list rental services;
- Illegal goods, pirated software or media;
- Odds making and betting/gambling services, including but not limited online poker, casino games, college and pro sporting events
- Sexually explicit messages;
- Marketing emails to a list of people without their permission (unsolicited commercial email (UCE).
Any evidence of users not adhering to this policy will cause immediate disconnection of user spam messages sending, suspension of the service
Primary Contact E-Mail Address
- Primary email address will be the login id for http://ebill.abchk.com
- The primary e-mail address that is entered on the sign-up form will be our main contact with you. This is very important because all invoices, notifications, and correspondence between ABCHK and the customer is through this primary e-mail address. It is the customer's responsibility to provide a valid primary e-mail address. If your primary e-mail address needs to be updated, please login to http://ebill.abchk.com or contact account@ABCHK.com. ABCHK will not be responsible for the possibility of any downtime of services due to not receiving proper notification
Note: The primary e-mail address must be at a domain other than the customer's domain. Our suggestion is to use your ISP's email account or a web-based free email account like hotmail.com , yahoo.com or hongkong.com.
- The Customers use of this site is at its own risk. All information, data, or service on the site is provided to the Customer on an as it basis.
And ABCHK expressly disclaim all warranties of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement efficiency, likelihood of loss of data stored or in transit or any implied warranty of merchantability or fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service, or to reliability or title, ABCHK do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service. ABCHK shall not be liable to the Customer or any third parties for any direct, indirect, special consequential or punitive damages arising out of the Customers' access to or inability to access the service, including for viruses alleged to have been obtained from the site, the Customer's use of or reliance on the service, regardless of the type of claim or the nature of the cause of action, even if ABCHK is advised of the possibility of such damages.
Secondary Contact E-Mail Address
- Secondary e-mail address is a backup email for Primary Contact email.
- If Primary contact email is out of services and we will send a/c login & password to secondary email if customer required
- Monthly invoices, notifications, will not send to this Secondary contact email.
Invoice cc a copy eMail Address
- This email will cc copy of all monthly invoice, reminder and receipt to this a/c
- A/C Password will NOT send to invoice cc contact person.
LIMITATION OF LIABILITY
- WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN $1,800.00 (HK Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- The customers shall comply fully with all applicable laws concerning the privacy of on-line communications. The Customers shall indemnify ABCHK for any violation on the part of the Customers of the Services Agreement, or of law or ABCHK policy, for any loss and damage suffered by ABCHK including but not limited to the legal costs incurred therein ABCHK reserves the right to revise its policies at any time without prior notification or consent..
Domain Name Services Terms and Registration Agreement
Other Services Terms & Agreement