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Services Agreement
Services Agreement
THIS AGREEMENT is made on the date of the Order Confirmation
Form or the online order form ("the Order Form")
BETWEEN: -
(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.
WHEREAS:-
(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.
Traffic Policies
- 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.
Lawful Purposes
- 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 Limitation per session : 50 email
- SMTP Wrong Recipient Limitation per session : 5 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 20000 messages/email.
- Incoming email will rejected if mail box storage over 98% Usage
- IMAP/Webmail's Inbox & Sent Folder Optimation for email store
more than 5000 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.
eMail optimization job will process once per week by system.
(If email's Inbox still over 5000 message after
optimation and next time optimation that Inbox's
email will list last 90, or 30 days message only)
- The Sender/From email not allow used the domain
that not hosting with ABCHK if client used ABCHK
smtp server.
- Incoming email may rejected by our mx server if sender
smtp IP black listed by RBL, for example RBL Site : http://www.spamcop.net, http://www.invaluement.com/, http://www.spamhaus.org/, http://www.barracudanetworks.com
etc...
- 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
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- 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:
admin@company.com
hr@company.com
sales@company.com
info@company.com
webmaster@company.com
support@company.com
- 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
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.
What content is prohibited?
Our Service doesn't allow spam or any sort of
offensive or illegal content.
We do not send:
- Emails that violate CAN-SPAM Act;
- Sexually explicit messages;
- Marketing emails to a list of people without
their permission (unsolicited commercial email
(UCE).
Our service does not accept email campaigns, that
offer types of services, products, or content listed
below:
- 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).
Anti-Spam Policy Enforcement
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.
Disclaimer
- 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
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