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Services Agreement


ABCHK Services Agreement

By completing an Order Confirmation Form, submitting an online order, confirming an order by email, paying any ABCHK invoice, or by accessing or using ABCHK services in any manner, the Customer expressly acknowledges and agrees to be bound by the terms and conditions of this Services Agreement, as published at https://www.abchk.com/terms.php and incorporated herein by reference. Such acceptance shall be deemed effective upon the earliest of (i) payment of an ABCHK invoice, (ii) the Customer’s first use of ABCHK services, or (iii) ABCHK’s receipt of an order confirmation by email, regardless of whether a written signature or separate acknowledgment is provided.

BETWEEN:

  1. ABC Computer Systems Ltd. (“ABCHK”), a company incorporated in Hong Kong with its registered office at Unit J, 18/F, World Tech Centre, 95 How Ming Street, Kwun Tong, Hong Kong; and
    .
  2. The Customer, being the Domain Name Owner, Company Name, individual private owner, or authorized reseller as stated in the Order Form, with its address as specified therein.
1. General Terms

1.1 ABCHK reserves the right to suspend or terminate a Customer’s access to any or all services if the account is deemed misused.
1.2 Customers who are uncertain whether a particular use or action is permitted must contact ABCHK by email at account@abchk.com or by telephone for clarification.
1.3 The Customer agrees to comply with ABCHK’s Acceptable Use Policy (AUP), as published and updated from time to time on ABCHK’s website. The AUP is incorporated by reference into this Agreement.

2. Resource Usage and Traffic Policies

Excessive or abusive consumption of system resources—including CPU, memory, hard disk I/O, or other infrastructure—is strictly prohibited. Any activity that degrades or destabilizes server performance, or interferes with service quality for other customers, will result in immediate suspension or restriction of service without prior notice.

Hosting packages may not be used as download repositories, file distribution hubs, or platforms for movies, streaming, or similar activities.

For shared hosting packages, database size must not exceed 500MB.

Bandwidth allocation:
Website Hosting: 10GB per month
Server Hosting: 100GB per month

Customers may exceed their allocated bandwidth up to two (2) or three (3) times the stated limits without additional charge, provided such usage does not cause server instability or degrade service quality for other customers. ABCHK reserves the right, at its sole discretion, to restrict, suspend, or require the Customer to upgrade their service package if bandwidth consumption results in server busy conditions or adversely affects overall system performance.

2A. Fair Usage Policy

ABCHK services are intended for normal business use. Excessive, abnormal, or disproportionate consumption of system resources that adversely affects service quality for other customers may be deemed unfair usage.

ABCHK reserves the right, at its sole discretion, to restrict, suspend, or require the Customer to upgrade their service package if usage exceeds what is reasonably considered fair.

Examples of unfair usage include, but are not limited to:

  • Continuous high-volume email sending beyond normal business communication

  • Abnormal bandwidth consumption inconsistent with typical hosting activity

  • Excessive CPU usage, memory consumption, or hard disk I/O that degrades server performance

  • Excessive database queries or API calls that degrade server performance

  • Use of hosting accounts as distribution hubs for large files, streaming, or media repositories

Determination of fair usage shall be made solely by ABCHK, and Customers agree to abide by such determinations.

3. Lawful Purposes

Transmission, distribution, or storage of unlawful content under Hong Kong law is prohibited. ABCHK forbids hosting of obscene, pornographic, or objectionable material. ABCHK’s decision shall be final.

ABCHK may disclose Customer data, including but not limited to account information, usage records, and hosted content, to law enforcement agencies, regulatory authorities, or courts without prior notice or Customer consent, where such disclosure is required or permitted under applicable law, regulation, or valid legal process. Such disclosure shall not constitute a breach of this Agreement, and ABCHK shall bear no liability for any consequences arising therefrom. Any liability arising from such lawful disclosure shall be subject to the limitation set forth in Section 16.

4. Unlawful and/or Unethical Use

Hosting of adult content, pirated software, copyright violations, hacking, defamatory material, gambling, or other prohibited categories is not permitted. Prohibited categories include, but are not limited to, obscene or offensive content, malware distribution, phishing, extremist or violent material, and any activity unlawful under Hong Kong law.

5. Charges, Payment, and Refund Policy

  • Customers shall pay charges in accordance with ABCHK’s published price schedule.

  • Payments must be accompanied by proof, such as a bank slip or transfer receipt.

  • Late payments may incur interest at 2% per month.

  • ABCHK may suspend services immediately if invoices remain unpaid, and may delete domain records, email data, and web files if invoices remain unpaid.

  • ABCHK requires up to three working days to settle invoices after receiving proof. If the official receipt is not received within three days, the Customer must contact the ABCHK Accounts Department immediately.

  • All service fees are non-refundable once invoiced and paid, whether in whole or in part, and for any reason whatsoever. This applies regardless of subsequent domain transfer, termination, suspension, or non-use of services, and includes, without limitation, setup fees, domain registration fees, SSL certificate fees, hosting fees, and fees for custom work.

  • Corrections or remedial actions performed under Section 23 are service obligations only. They are provided to restore or protect system integrity and shall not be deemed or construed as refunds, credits, or compensation.

6. Services Renewal & Termination

  • All service package contracts automatically renew annually, except for domain names and Yearly SSL certificates.

  • Domain names and Yearly SSL certificates will only renew after the Customer has paid the renewal invoice. If payment is not made, they will expire.

  • Free Let’s Encrypt SSL Certificates: Free SSL is valid for three (3) months. The system will attempt renewal every three months, but success is not guaranteed. If renewal fails, the Customer must renew manually or contact ABCHK. ABCHK is not liable for expiry.

  • Customer termination requires at least 30 days’ prior written notice and settlement of all outstanding invoices.

  • ABCHK may terminate for convenience with 30 days’ notice.

7. Email Acceptable Use Policy

ABCHK’s email services are provided solely for legitimate business communication. The following activities are strictly prohibited:

  • Harassment, header forgery, phishing, malware distribution, or any deceptive practices

  • Transmission of unsolicited or bulk commercial email (spam/UCE)

  • Promotion of any website, product, or service through spam

All email use must comply with ABCHK’s Anti-Spam Policy, which is incorporated by reference into this Agreement. Violations will be enforced in accordance with the Anti-Spam Policy’s enforcement framework, including warnings, suspension, termination, and blacklisting.

ABCHK reserves the right to suspend or terminate accounts immediately, with or without notice, upon receipt of a verified spam complaint or detection of prohibited activity. Customers remain fully responsible for all activities conducted through their accounts, including those of end-users or resellers.

8. Technical Limitations

  • SMTP limit per session: 50 emails

  • Outgoing SMTP limit: 1,000 emails/day

  • Attachment size limit: 20 MB

  • Max storage per email account: 100 GB

  • Incoming email rejected if mailbox exceeds 98% usage

  • Webmail Spam & Trash folders: Emails are kept for 7 days only; older emails are automatically removed

9. Optimization Rules

To maintain system efficiency, IMAP/Webmail Inbox & Sent folders storing more than 5,000 messages will only list the last 180 days (6 months) of emails. Older emails are automatically moved to the following sub-folders:

  • /Email-backup/Inbox/Yearly

  • /Email-backup/Sent/Yearly

Optimization runs once per week. If the Inbox still exceeds 5,000 messages after optimization, subsequent runs will reduce the listing to the last 90 days, or even 30 days if necessary.

10. Sender & Recipient Restrictions

Outbound Email (via ABCHK SMTP Server):
  • The "From" address domain must be hosted with ABCHK. Emails using unauthorized domains will be rejected.
  • Emails will be rejected if the recipient address is invalid or listed in ABCHK’s internal blacklist.
Inbound Email (to ABCHK-hosted domains):
  • Incoming emails will be rejected if the sending server’s IP address appears on any major Realtime Blackhole List (RBL), including but not limited to Spamhaus, SpamCop, Invaluement, and others monitored by ABCHK.
  • Incoming emails will also be rejected if the sender email address or the sender’s IP address is listed in ABCHK’s internal blacklist.

11. Newsletter Policy

eShopping, DIYHomepage, and Webmail EDM accounts may send up to 1,000 newsletters per month. Accounts may be suspended or terminated immediately, with or without future notice, upon receipt of a verified spam complaint or following investigation under ABCHK’s Anti-Spam Policy. Customers requiring additional newsletter quota must purchase an upgraded package or add-on from ABCHK.

12. Permission Based Email Marketing

Subscriber lists must be collected lawfully and only with the recipient’s consent. The use of purchased or rented lists, address harvesting, falsified sender information, phishing, malware distribution, or any other unlawful or abusive activity is strictly prohibited. All email communications must comply with ABCHK’s Anti-Spam Policy. Accounts may be suspended or terminated immediately, with or without future notice, upon receipt of a verified spam complaint or following investigation under ABCHK’s Anti-Spam Policy.

13. Services Intended for End Users and Resellers

ABCHK’s services are intended for use by end-users and authorized resellers. Customers may not sublease, sub-host, or transfer control of ABCHK’s resources except where acting as an authorized reseller under this Services Agreement.

Resellers are deemed “Customers” for purposes of this Agreement and are fully bound by all terms herein. Resellers must:

  • Contractually bind their end-users to comply with this Services Agreement and the Anti-Spam Policy.

  • Retain responsibility for all activities of their end-users, with violations treated as violations by the Reseller.

  • Cooperate with ABCHK in investigations, complaint handling, and enforcement actions.

ABCHK reserves the right to suspend or terminate reseller accounts, with or without notice, if reseller activities or their end-users’ activities violate this Agreement, the Anti-Spam Policy, or applicable law.

14. Primary, Secondary & Invoice CC Email

To ensure reliable communication and proper account management, ABCHK requires customers to maintain accurate and accessible contact email addresses.

  • The Primary Contact Email serves as the customer’s login ID and the main channel for all official communications, notices, and instructions.

  • Customers are required to maintain a valid and accessible Primary Contact Email at all times. All instructions, notifications, and service updates will be deemed delivered once sent to the Primary Contact Email, and customers agree to follow up accordingly.

  • The Secondary Contact Email may be provided as a backup for redundancy purposes only. It does not replace the Primary Contact Email and will not be used as the main communication channel.

  • Customers may add additional email addresses in the Invoice CC field to receive billing notices and payment reminders only; ABCHK will never send sensitive information (including login credentials or account details) to these recipients.

  • Customers may self manage and update all contact details directly through the eBill Panel, and ABCHK will rely on and act upon the most recent information maintained by the customer in the system.

15. Disclaimer of Warranties

Services are provided “as is” and “as available.” ABCHK disclaims all warranties, express or implied, including merchantability, fitness for purpose, accuracy, and security.

16. Limitation of Liability

ABCHK shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages, whether arising in contract, tort, statute, equity, or otherwise, even if foreseeable or advised of the possibility of such damages.

Customers are solely responsible for maintaining independent, redundant backups of all data. All data hosted, transmitted, or stored through ABCHK’s systems is maintained entirely at the Customer’s own risk. Without limiting the foregoing, ABCHK shall bear no responsibility or liability for any loss, corruption, destruction, unauthorized access, disclosure, or interruption of data, whether arising from human error, computer viruses, malware, fire, flood, disasters, server relocation, hardware malfunction, unauthorized access, hacking, denial of service attacks, deficiencies of third-party services, or ABCHK’s own acts, omissions, errors, or negligence, except to the limited extent expressly required by applicable law.

Additional Exclusions: Without limiting the foregoing, ABCHK shall bear no liability for:

  • suspension, delay, or interruption of the email service;

  • unauthorized use or misuse of Customer accounts, credentials, or passwords; or

  • consequences arising from the application of any dispute resolution policy.

Support Access Authorization: By submitting a support request, the Customer expressly authorizes ABCHK to access the specific hosted accounts, data, and related systems reasonably necessary to diagnose and resolve the reported problem. Such access may occur using ABCHK’s administrative tools or system-level credentials, even if the Customer does not provide individual login details, and may take place without further notice at the time of intervention. Access shall be limited to troubleshooting purposes only and remains subject to the protections and liability limitations set forth in this Section. Such authorization shall remain in effect for the duration of the support case and shall not be construed as granting ABCHK any ongoing or general access rights beyond the specific troubleshooting intervention.

Customer’s sole and exclusive remedy for any claim shall be limited to service credits (calculated as prorated monthly fees for the affected service) applied to future services, or termination of the affected service. Service credits are non-transferable, non-refundable, and may not be exchanged for cash.

Aggregate liability cap: In the event ABCHK is nevertheless found liable by law or court order, the total aggregate liability of ABCHK under this Agreement shall not exceed the lesser of (i) the total amount of service fees actually paid by the Customer to ABCHK for the affected services during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) Hong Kong Dollars Fifteen Thousand (HK$15,000). This limitation applies to all claims combined and constitutes the Customer’s sole and exclusive monetary remedy.

Clarification on Liability Cap: For the avoidance of doubt, in no event shall ABCHK’s liability exceed the actual fees paid by the Customer for the affected service, even where the aggregate liability cap in this Section is higher.

Lost Business Waiver: ABCHK shall not be liable for any loss of profits, revenue, goodwill, business opportunities, or anticipated savings, whether direct or indirect, arising from suspension, termination, registrar actions, or service interruptions. Customers expressly waive any right to claim damages or compensation for alleged business losses, regardless of amount.

Nothing in this Section shall be construed as an admission of liability where ABCHK has expressly disclaimed responsibility under this Agreement.

The Customer assumes the entire risk of service interruptions, errors, or failures, including those arising from ABCHK’s own negligence, to the maximum extent permitted by law. All claims must be brought individually and within three (3) months of the event giving rise to the claim. Class actions or consolidated claims are expressly waived.

17. Limitation on Liability for Third-Party Services & Customer Data Responsibility

Customers acknowledge and agree that ABCHK shall not be liable for the performance, reliability, or failures of third-party services, including registrars, ISPs, software vendors, or external networks. Customers assume all risks associated with such third-party services, and ABCHK shall have no liability for interruptions, errors, or damages arising therefrom.

The Customer further acknowledges that all data hosted with ABCHK is maintained at the Customer’s own risk. ABCHK shall have no liability for any loss, corruption, or destruction of data, and the Customer must maintain independent, redundant backups at all times.

18. Customer Responsibilities

18.1 The Customer shall maintain independent, redundant backups of all data hosted with ABCHK at all times.
18.2 The Customer is responsible for applying timely security updates, patches, and configuration changes to their own applications, scripts, and content.
18.3 The Customer shall safeguard all account credentials, passwords, and access tokens, and shall not share them with unauthorized parties.
18.4 The Customer shall ensure that any content uploaded, transmitted, or stored through ABCHK’s systems complies with applicable laws and does not infringe third-party rights.
18.5 The Customer shall promptly notify ABCHK of any suspected security breach, unauthorized access, or misuse of their account.
18.6 The Customer acknowledges that failure to comply with these responsibilities may result in suspension, termination, or remedial action under Section 22, and liability remains subject to Section 16.

19. Indemnification

Customers shall indemnify ABCHK against claims, damages, regulatory fines, IP disputes, and unlawful activity arising from their use of services.

Indemnification shall also apply to misuse, misrepresentation, breach of third-party rights, violation of applicable laws by the Customer, or consequences arising from lawful disclosure of Customer data to law enforcement, regulatory authorities, or courts. ABCHK’s liability in connection with such lawful disclosure shall in all cases be limited to the maximum liability set forth in Section 16.

20. No Guarantee of Error Free Service

ABCHK does not guarantee uninterrupted or error free services. Customers waive claims for outages or disruptions.

21. Force Majeure

ABCHK shall not be liable for failures caused by events beyond its control, including natural disasters, cyberattacks, or government actions.

22. Additional Protective Terms

  • Jurisdiction: Hong Kong law and courts apply.

  • Termination for Convenience: ABCHK may terminate services with 30 days’ notice.

  • No Reliance: Customers acknowledge no reliance on representations outside this Agreement.

  • Third-Party Services: ABCHK shall not be liable for the acts, omissions, or failures of third-party providers, networks, or registrars.

  • Waiver of Class Actions: Claims must be brought individually.

  • Survival: All disclaimers and indemnities survive termination.

23. Service Suspension and Security Incident Response

ABCHK reserves the right to suspend services immediately if misuse is suspected, including during investigation of potential violations. Suspension may occur prior to confirmation of breach, at ABCHK’s sole discretion, to protect system integrity and other customers.

If ABCHK reasonably suspects that a Customer’s site has been hacked, compromised, is hosting unlawful content, or is causing server instability, ABCHK may access, modify, disable, suspend, or remove site data without prior notice to protect system integrity, safeguard other customers, or ensure compliance with applicable law. Such actions shall be limited to what is necessary to remediate the incident, and liability remains subject to Section 16.

24. Web Design Services Warranty

ABCHK warrants that web design services shall be free from defects in workmanship and functionality for 90 days following completion and acceptance. During the warranty period, ABCHK will correct defects directly attributable to its work at no cost.

Warranty exclusions include, without limitation:

  • Customer modifications, including CMS content updates, configuration changes, installation of plugins, extensions, or third-party modules

  • Security breaches, malware, or vulnerabilities introduced by customer actions or third-party software

  • Changes in browser standards, operating systems, device environments, or hosting platforms after completion

  • Content updates or new feature requests outside the original scope

After the warranty period, all corrections or updates are subject to ABCHK’s standard maintenance charges. This warranty is subject to the liability limitations set forth in Section 16.

25. Domain Name Services

ABCHK provides domain name registration services on behalf of customers through the following accredited registrars:

  • HKDNR (http://www.hkdnr.hk)

  • eNom (http://www.enom.com)

  • WebNIC (http://www.webnic.cc)

By requesting domain registration through ABCHK, customers acknowledge and agree to be bound by the applicable service terms and registration agreements of the selected registrar. Customers are responsible for reviewing and complying with the registrar’s policies, rules, and obligations.

Customers acknowledge and agree that ABCHK has no authority or control over decisions made by domain registrars. Such decisions may include, without limitation, suspension, cancellation, or revocation of domain names arising from disputes, regulatory requirements, policy enforcement, or compliance obligations. Registrar actions are final and binding, and ABCHK shall not be held responsible or liable for any consequences resulting therefrom.

Any liability of ABCHK in connection with registrar services shall be strictly limited to the maximum liability set forth in Section 16 of this Agreement. Customers expressly waive and release ABCHK from any claims, demands, damages, compensation, or refunds arising out of registrar-initiated suspensions or cancellations, regardless of cause or circumstance.

26. Entire Agreement & Severability

26.1 This Agreement constitutes the entire understanding between ABCHK and the Customer.
26.2 If any provision is found invalid, the remaining provisions shall remain enforceable.
26.3 Nothing in this Agreement shall limit ABCHK’s liability where such limitation is prohibited by applicable law, ensuring that all protective clauses remain enforceable.

27. Services Agreement Updates

ABCHK may update or modify this Services Agreement, and any incorporated policies, at any time. Changes will be published on ABCHK’s official website and shall take immediate effect upon posting. Customers are responsible for reviewing updates regularly and ensuring ongoing compliance. Continued use of ABCHK’s services after any update constitutes acceptance of the revised terms.

28. Other Policies, Service Terms & Agreements.

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