| Terms & Conditions
The following agreement is
between Web Channel Productions ("HostChannel") and You ("client").
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, HostChannel can make no guarantee that any given reader shall be able to access HostChannel's server at any given time. HostChannel 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; Terms & Conditions The following agreement is between Web Channel Productions ("HostChannel") and You ("client"). The parties hereby agree that these terms form the service contract between you, the "Customer", i.e. the person or entity who is applying for the hosting service and "HostChannel", i.e. the provider of the hosting service. Once you agree to all the terms and conditions and apply for our service, then only will your order be processed. This agreement is intended to cover one customer only and is for the sole use of the customer specifically named and does not extend to any other person or entity. Customer may resell to third parties but is responsible for the content and is bound by the terms of this contract. This service may only be utilized for lawful purposes and shall not violate any municipal, state, federal statute, or any laws of Malaysia or from the laws of the country where the customer is located. Customer fully accepts that filing of any suits must be in Malaysia and follows the laws of Malaysia. Customer warrants that all Domain Names and material submitted will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights, or is liberous, slanderous or harmful. Customer will not transmit unsolicited commercial email [spam mail, bulk mail, mass mail], unethical, abusive materials, including but not limited to pornography, obscene, nudity, violations of privacy, viruses, hacking, warez, profane, racist, gambling or materials protected by trade secrets. Customers must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access. Customer agrees to indemnify and hold harmless HostChannel from and against any and all claims, actions, causes of actions, losses or damages including legal fees arising from the usage by customer of the services in violation of this paragraph. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. HostChannel 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. HostChannel specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Client may not run background processes on HostChannel's servers. Violations of this policy will result in a user's background processes being killed, and may result in account suspension. Customer may not use the account as storage facility or as a download site for MP3, softwares, etc. Customer may also not 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. At any time HostChannel believe that the service is being utilized by customer in contravention of any terms of the agreement, delinquent or non-payment of service or design fees or the traffic on this account causes any kind of network or server problem or disturbance, HostChannel may immediately terminate service without liability and without refund. For delinquent or non-payment, after cancellation or suspension, shall require an additional 50 per cent of the original fees to re-connect. Customer warrants that HostChannel makes absolutely no warranties whatsoever, express or implied. Customer agrees that HostChannel shall not be liable for any claims or damages which may be suffered by customer including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions or loss of income caused by the fault or negligence of HostChannel. HostChannel is not responsible for any damages by customer's inability to use the services for any reason. Utilization of data or information sent or received by customer is at customer's sole and absolute risk. Also due to the nature of the Internet, all information should be considered publicly accessible and important or private information should be carefully treated. HostChannel is not liable for protection or privacy of electronic mail. HostChannel makes no guarantee that customer shall be able to access its server at any given time. HostChannel specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information. If HostChannel shall acquire a Domain Name on behalf of customer, then customer hereby waives any and all claims which it may have against HostChannel, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists or the release of the Domain Name from such directories or lists following the termination of the providing of this service by HostChannel for any reason. Customer acknowledges there is no
free hosting period. Once service is ordered and processed, there
are no refunds if the service is cancelled by customer before
expiry. All contracts are automatically renewed for another term
unless written cancellation by either party is given 14 days
in advance of the renewal date or anniversary date.
Client agrees that it shall
defend, indemnify, save and hold HostChannel harmless from any and
all demands, liabilities, losses, costs and claims, including
reasonable attorneys' fees, ("Liabilities") asserted against HostChannel,
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 HostChannel against Liabilities arising out of any
injury to person or property caused by any products sold or otherwise
distributed in connection with HostChannel's Server, any material
supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party; copyright infringement and
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