Services Agreement

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 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 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 and Gambling information NOT allow to Host.
Game Coin Selling/Trading/Information Web Site Not allow to Host.

Charges and Payment

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.
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.
The Charges once paid shall not be refunded in whole or in part for whatsoever reason.

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.
Mass mailing is not permitted and max 50 email limitation each session
Outgoing smtp email limitation is 1000 quota per day.
eMail Size attachment limitation is 10MB
Incoming email will bounce back if user mail box space over ~98% usage
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.

Primary Contact E-Mail Address

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 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.

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..

Other Services Terms & Agreement