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General Services Terms and Conditions
The provision of Services between Speedy Group Corporation Limited ("Speedy
Group") and the Customer is effective upon the acceptance by Speedy Group of the
Application (either by the commencement of provision of the Services to the
Customer, by Speedy Group taking any action in connection with or in preparation
for (whether or not to the knowledge of the Customer) the provision of the
Services or by other means as determined by Speedy Group and notified to the
Customer from time to time). All customers agree to comply with General Services
Terms and Conditions set out herein below and all supplementary terms posted on
web site
https://domain.net.hk/partner/terms.php .
No responsibility for use of Domain Name
Speedy Group is not responsible for the use of any Domain Name or the content of the website referenced by the Domain Name. Speedy Group has not approved or endorsed any of the content of the website referenced by the Domain Name, and no express or implied warranty, representation or statement is made or given by Speedy Group as to the accuracy, fitness for any particular purpose, non-infringement (including any infringement of trademarks or service marks, whether registered, or unregistered in any jurisdiction), reliability, security, or freedom from computer virus in relation to the website referenced by the Domain Name. Speedy Group does not and will not accept or assume any liability, obligation or responsibility whatsoever for any loss or damage of any kind (including without limitation any indirect, special, incidental or consequential loss or damage) howsoever arising from or in connection with any use of any Domain Name or the content of the website referenced by the Domain Name, regardless of whether such claim is brought by the Registrant or any third party.
Server Abuse
Any act or attempt to undermine or cause harm to our servers, computers or
clients is prohibited.
Unauthorized Use of Other People's Accounts or Computers
Any unauthorized use or attempted use of an internet account or computer of
ours or our other clients is prohibited. Such acts include "internet scamming"
(tricking other people into releasing their passwords), password robbery,
security hole scanning, etc.
Spamming and Harmful Activities
Our servers may not be the source, intermediary, or destination address
involved in the transmission of spam, flames, mail bombs, subscribing someone
else to a mailing list with that person's permission, hacking, spoofing, or any
similar activity. Your domain may not be referenced as originator, intermediary
or reply-to address in any of the above. Spamming via other hosting facilities
which in turn contain links to a domain on our network is also prohibited. We
consider spam any mass unsolicited messages or similar activity. You may not use
our services or servers for disseminating or hosting harmful content including,
without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any
other computer programming routines that may damage, interfere with,
surreptitiously intercept or expropriate any system, program, data or personal
information. If we believe that you have violated this rule, we have the right
to immediately, without notice, disable your domain and terminate service until
we have acceptable assurance that you will abide by this rule. We similarly have
the right to refuse or terminate service to you if we suspect that you will
violate this policy. In addition, any site selling or promoting bulk e-mail
services is also prohibited.
CGI Scripts
Each hosting account comes fully equipped with its own pre-configured CGI
scripts. You may use any CGI scripts provided with your account or add any
additional ones you desire; provided, however, any of your CGI scripts that we
determine adversely affects our server performance or our network integrity may
be shut down without prior notice to you and prohibited from future use. CGI
script sharing with domains not hosted by us is not allowed.
IRC
We do not allow IRC or IRC bots to be operated on our servers.
Lawful Purpose
Use of our servers or services in any manner in violation of the Hong Kong
Special Administrative Region (Hong Kong) law, rule or regulation is prohibited.
Such prohibited use includes, but is not limited to, disseminating, posting or
storage of any material in violation of any local law, rule or regulation. Our
servers and services may not be used for the propagation, distribution, housing,
processing, storing or otherwise handling in any way lewd, obscene, pornographic
or satanic materials. Also included is the posting or trafficking in government
secrets, providing any information to in any way assist or encourage any
terrorist activities, providing any information concerning nuclear or biological
weapons or other weapons of mass destruction, posting or trafficking in obscene
material, solicitation of a minor or others for illegal acts, dealing drugs,
harassment, fraud, stalking, abuse or other subject matters that are prohibited
under applicable of the Hong Kong Special Administrative Region (Hong Kong) law,
rules or regulations.
Online Gambling
We do not allow online gambling activities to be operated from our servers.
Damaging Material
You may not use our services or servers to post or disseminate in any
manner, any information or material which may be dangerous, damaging,
defamatory, libelous, slanderous, scandalous, private information or injurious
to persons or property which, directly or indirectly, may be used to create
danger, damage or injury to persons or property, nor may you use our services or
serves to inflict emotional distress make unlawful threats, stalk, interfere
with any contract or prospective relationships or engage in sexual or other
harassment.
Infringement
You may not use our services or servers to post or disseminate in any
manner, any information or material which infringes the intellectual property
rights or other proprietary rights of any third party, including, without
limitation, material protected by copyright, trademark, patent, trade secret or
other intellectual property right used with proper authorization. Infringement
may result from, among other activities, the unauthorized copying and posting of
pictures, logos, software, articles, musical works and videos.
Fraudulent Activities
You may not offer or disseminate fraudulent goods, services, schemes or
promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi
schemes) or fraudulently use any information obtained through the use of our
servers or services, including, without limitation, unauthorized use of credit
card numbers.
Contact Information
You shall provide us with true and correct contact information, shall
correct any inaccurate information and assist us, from time to time, in
verifying the accuracy of such information. You can use our online Account
Maintenance form to keep your contact information current.
Payment Policies
You shall pay, on a pre-paid basis only, for the particular program you
select according to our then published rate. If you fail to pre-pay, we will
terminate your service at the end of your pre-paid period. You may choose the
period to pre-pay. Although you may cancel your account at any time by giving us
written notice of cancellation, there is no refund of any prepaid amounts.
Please also notice that there is no refund of the pre-paid amount on account
upgrade/downgrade cases. All payment/services fee such as Web Hosting Services
fees, Domain Registration fees & pre-payments are non-refundable. All payments
are to be made in HKD. In the event you violate any of our above provided
policies or you fail to timely pay us and your service is terminated, then you
will, in addition to all other fees, pay to us $100 if such violation results in
a termination of your web site plus and additional $100 if you cause us to
reinstate your web site. In addition, you shall pay a $100 processing fee if any
cheque given to us is not honored and paid or if you cause any credit card
payment to be reversed.
Service Cancellation
To make a cancellation request, you will need to contact us via Phone or
Online Helpdesk. You must include your Account Domain Name and Account Password
for the account which you wish to cancel hosting for.
Violations
In addition to the service terminations specifically herein provided, we
reserve the right in our sole discretion to refuse or terminate service to you
at any time. We may, but need not, give you notice of such termination or of a
suspected Violation of any of our policies. Such notice may, but need not,
contain such warning, suspension or possible account terminations as we from
time to time in our sole discretion determine advisable. We also reserve the
right to remove materials from your web site at any time if we determine in our
sole discretion that such content or materials violates our policies or this
service agreement. Your pre-payment of your accounts that is terminated due to
our determination of a violation of one or more of our policies will not be
refunded. You agree to pay to us our costs, including reasonable attorney fees,
incurred as a result of our investigation and/or defense of any third party
claiming that your Web site violates or infringes on their rights. We have the
right to require pre-payment of such fees. We are, however, under no obligation
to conduct any investigation and may, if we choose, terminate your service upon
receipt of such third-party claim or upon our own action. In the event of a
termination of services, your files and data stored on our computers will be
deleted after such termination.
Terms of Data Transfer
Data transfer limits for our hosting plans are listed in the service
description. Any client who exceeds this limit will be notified by Host Speed to
resolve the situation and be given options for upgrading your account.
Server Resources
If you use a high amount of server resources (such as, but not limited to, CPU
Time, Memory Usage, and Network Resources) at our election, you may be given an
option of either upgrading the service level or reducing the resource used to an
acceptable level, or your use of our servers may be limited. The general
guideline is as follows:
Processes invoked by the web server, cron, shell or any other method should not
exceed the following limitations:
Consume more than 16 MBs of RAM.
Utilize in excess of 15 seconds of CPU time.
Number of open files should not exceed 64.
Number of simultaneous processes should not exceed 5.
Core dump files should not be created by scripts.
Execute a script/binary that forks in a way to create a fork bomb.
Send outbound mail to more than 25 recipients at any given time.
Database restrictions:
All users are restricted to 15 concurrent MySQL connections.
Each database is restricted to 500 MBs of disk space.
Database queries should not exceed 2,000 per hour.
Database changes (insert/update/delete) should not exceed 500 queries per hour.
Data Backup
Although we have backup service to generate daily/weekly backup, but we cannot
guarantee the accuracy of the backup files. Customer should do their own
backups. Speedy Group will not responsible for any data loss due to account
cancellation and / or server mal-functions. No remedy will be provided to client
in any case of data loss.
Indemnification
You agree and promise to defend, indemnify, save and hold us harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against us, our agents, our clients, our officers and
our employees, that may arise, result, or be threatened as a result of your
actions, property or services sold or licensed by you, or the actions of your
employees, agents or assigns, including, but not limited to: (1) any injury to
person or property caused by any products sold or distributed in association
with our services; (2) any material supplied by you infringing or allegedly
infringing on the proprietary rights of a third party; (3) your copyright
infringement; (4) any defective products sold by you that are connected to our
servers or services (5) investigation of any alleged violations of our policies.
Disclaimer
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A
RESULT OF OUR ACTION OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH
SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR
NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL
LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR
THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH
DAMAGES.
Amendments
Speedy Group may update, amend, modify or supplement the terms and conditions of
this Agreement from time to time without notice. The latest terms and conditions
can be obtain on web site
https://domain.net.hk/partner/terms.php
Governing Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of
the Hong Kong Special Administrative Region (Hong Kong). The parties submit any
difference or disputes arising in connection with the Agreement to the
non-exclusive jurisdiction of the courts of Hong Kong.
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