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TERMS OF SERVICE

Revision Date : 1st August, 2008

SKSA Technology / SKSA Technology Sdn Bhd, the legitimate owner of IWhost.com (hereinafter called as IWHOST) values its clients and wishes to provide them with the best possible hosting experience. To offer you the best service possible, you and our other clients need to accept and follow the Terms of Service set forth below. These Terms of Service are intended to permit our service to be available to all our clients as consistently and efficiently as possible. By subscribing to, or utilising, our web hosting or any related services, you agree to abide to all terms and conditions of this Terms of Service, The Rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by the authorities, the registries, and governments.

COMMERCIAL ADVERTISEMENT VIA E-MAIL

Any forms of unsolicited commercial advertisements are NOT ALLOWED in e-mail and will result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation.

SPAMMING AND HARMFUL ACTIVITIES

Spamming, or sending of unsolicited e-mail from a site using an email address or domain which is maintained on an IWHOST Network is STRICTLY PROHIBITED. 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 without 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 which 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.

INTERNET RELAY CHAT (IRC)

Internet Relay Chat (IRC) or Internet Relay Chat (IRC) Bots are NOT ALLOWED to be operated on our servers. These prohibition include Eggdrop Bots,TCL Scripts, and private chat rooms.

ONLINE GAMING AND GAMBLING

Any form of online Gaming and Gambling are STRICTLY PROHIBITED to be operated from our servers to avoid unnecessary consumption and compromise other users.

SERVER ABUSE

Server abuse or any attempt to abuse in any situation is STRICTLY PROHIBITED. If any threat is shown for this record, the hosting account will be suspended and/or terminated without any further recourse.

LAWFUL PURPOSE

Use of our servers or services in any manner in violation of any state, local or international law, rule or regulation is STRICTLY PROHIBITED. Such prohibited use includes, but is not limited to, disseminating, posting or storage of any material in violation of any Federal, state, International or 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 or linking to any illegal information, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, hacking, stalking, abuse or other subject matters which are prohibited under applicable federal, state, International or local law, rules or regulations. In the event of any violation, IWHOST reserves the right to cooperate with the authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

PORNOGRAPHY

The use of IWHOST services to store, post, display, transmit, advertise or otherwise make available any form of pornography including but not limited to child pornography is STRICTLY PROHIBITED and will result in immediate account termination.

ADULT WEBSITES

Any form of adult websites is NOT ALLOWED on the server. In the event that any adult website is found on the server hosted by the client or its reseller, IWHOST will exercise their right to terminate the account without any further recourse. This includes sites which may provide links to the adult content elsewhere.

DESTRUCTIVE MATERIAL

Any activity to transmit, 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, including but not limited to inflict emotional distress, unlawful threats, stalking, interfere with any contract or prospective relationship and harassment is STRICTLY PROHIBITED. Non compliance with this rule may cause your account termination.

FRAUDULENT ACTIVITIES

Any type of activities to offer or disseminate fraudulent goods, products, services, schemes, promotions, or any type of financial scam is STRICTLY PROHIBITED including but not limited to fraudulent use of any information through the use of our servers of services and unauthorised use of credit card numbers. Hosting of any sort of file containing any sort of password protection commonly used for distributions of warez files is also NOT ALLOWED in any way

FORGERY OR IMPERSONATION

Any attempt to add, remove or modify identifying network header in an effort to deceive or mislead including without limitation attempting to impersonate any person by using forged headers or other identifying information is STRICTLY PROHIBITED. However, the use of anonymous retailers or nicknames does not constitute impersonation.

UNAUTHORIZED ACCESS

Use of IWHOST's service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of IWHOST's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is EXPRESSLY PROHIBITED and the offending IWHOST account is subject to immediate termination.

UNAUTHORIZED INFORMATION

Collecting or attempting to collect any unauthorized personal information or data about any third party is STRICTLY PROHIBITED.

INTELECTUAL PROPERTY INFRINGEMENT

Transmitting, Storing, Posting, or disseminating in any manner, any information or material which infringes the intellectual property rights or other proprietary rights of any third party including but not limited to material protected by copyright, trademark, patent, trade secret or any form of intellectual properties right used with proper authorization is STRICTLY PROHIBITED. Any violation of intellectual properties or other federal, states, local and/or international law are grounds for instant termination of service.

NETWORK DISRUPTIONS AND UNFRIENDLY ACTIVITIES

Any activity which affects the ability of other people or systems to use IWHOST's Services or the Internet and interference with or disruption of other network users, services or equipment is STRICTLY PROHIBITED. This includes "denial of service" (DOS) attacks against another network host or individual user. It is the Client's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Due to this policy free hosting clients and demo accounts is STRICTLY FORBIDDEN. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. IWHOST will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Non compliance of this rule may result to account suspension or cancellation, and/or civil or criminal legal action according to the severity of the attack.

NETWORK PERFORMANCE

IWHOST virtual site and reseller accounts operate on shared resources. Excessive CPU, Bandwidth or Disk Space usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowance of your specific plan type. Any activity which consumes an undue amount of CPU time, memory, disk space, and session time to the degree that may compromise other users or which may impair IWHOST’s systems or network performance is STRICTLY PROHIBITED. IWHOST reserves the right to limit or terminate any process which it deems to be using excessive resource usage.

INACCEPTABLE CONTENT

Storage, posting, transmission or dissemination of any content or material which may be offensive to a racial, ethnic, or religious group or any material or reference to any material which promotes negative impressions of any racial, ethnic or religious group is STRICTLY PROHIBITED. Distribution of any software whatsoever is FORBIDDEN unless with IWHOST Technology’s permission. We also DO NOT ALLOW any distribution of the following file formats COM, ASX, ASF, MWV, MWA, MP3, and MPG On the server unless with IWHOST Technology’s prior consent. Video Streaming, Torrents, and torrent software are not allowed on shared hosting and VPS services.

EXCESSIVE BURDEN

Any activity including but not limited to download which causes excessive burden to the CPU is FORBIDDEN and may be removed without prior notice.

BACKUPS

IWHOST shall NOT BE HELD RESPONSIBLE for any malfunction or data or files lost in any event regardless of the reason(s). It is the duty of the clients to do their own data or files backups on other resources to ensure that they have ready access to the data or files in the event that any failure, faulty or situation that is beyond the IWHOST’s control occurs.

ILLEGAL ACTIVITIES

IWHOST is required by law and will notify the authorities when it becomes aware of the presence of any form of illegal activities on or being transmitted through its services.

DELINQUENT ACCOUNT

IWHOST may temporarily deny all services rendered or terminate this Agreement upon failure of the client to pay charges when due for any service rendered. Such termination or denial will not relieve the client of responsibility for the payment of all accrued service fees, or any collection fees.

PAYMENT FAILURE

IWHOST may exercise their rights to institute legal proceedings for the recovery of any unpaid balance due and owing from the clients. In that event, all further costs and expenses incurred will be charged to the clients’ account.

AUTO RENEW SERVICE

IWHOST related services, such as Domain Registration and renewal, Domain Managed DNS Services, Domain Forwarding Services, and Domain Mail Forwarding Services provide Auto Renew option and will be auto renewed within 21 days before its expiry subject to the sufficient in house credit or credit card active on our database. In the event that you wish to cancel this auto renew process you may disable the service in the respective service section in member area and request domain status to be set as cancelled, you may contact IWHOST at support@iwhost.com to assist you on the cancellation. It is the duty of the client to ensure that whether their domain has been successfully renewed after making the payment and verify their domain renewal status. Verification on the status can be made in our member area by logging into http://www.iwhost.com/billing

DOMAIN NAME

IWHOST will not verify whether the domain name(s) you select, or the use you make of the domain name(s) or other of the Service(s) infringes legal right of others. It is the responsibility of the clients to verify whether or not the domain name(s) you select or use infringes the legal rights of others. We might comply with the authorities’ order to cancel, modify or transfer your domain name if required.

DOMAIN NAME

IWHOST will not verify whether the domain name(s) you select, or the use you make of the domain name(s) or other of the Service(s) infringes legal right of others. It is the responsibility of the clients to verify whether or not the domain name(s) you select or use infringes the legal rights of others. We might comply with the authorities’ order to cancel, modify or transfer your domain name if required.

REFUND

IWHOST may provide refund on the 30 days money-back guarantee only for the shared hosting account. All refund is only valid for first time customers. Domain name will be excluded for refund even though you have subscribed to our hosting account with free domain name. In the event that you request a refund for hosting with free domain name, the refund will be given minus domain name deduction based on the current IWHOST selling price. Any refund is at the sole discretion of IWHOST.

ADVANCE PAYMENT

IWHOST do not obliged to provide refund for any advance payment made for any prepayment services or early termination.

PAYMENT CURRENCY

IWHOST may charge more than the actual currency rate if pay in the currency other than Malaysia Ringgit (MYR). Please contact our staff for our current accepted currency rate.

INACTIVE ACCOUNT

Any accounts setup on the hosting account but inactive or unused after 15 days of setup may be terminated without notice. It is the duty of the reseller to manage accounts and to remove the inactive accounts at their discretion. The hosting services will be terminated after five (5) times failure to remove the inactive accounts.

ACCOUNT ACTIVATION

By activating the account with IWHOST, the client deems to have read, understood and agreed with the terms of service, policies and guidelines.

DEDICATED SERVER SUBSCRIBER

By subscribing and utilizing IWHOST services, dedicated server subscribers assert that they have read, understood and agreed on the IWHOST Service level Agreement (SLA) and its privacy policy. The SLA is currently available at http://www.iwhost.com/dedicatedsla.php

REMOVAL OF CUSTOMER’S PROPERTY

Clients are granted 30 days to remove any server/device from iWHOST’s co-location facilities after cancellation or service expiration. iWHOST will impose a charge of RM100 per month for storage fees, should the server/device not be removed within the 30-day allotted time-frame. All servers/devices not collected after 180 days, iWHOST deems them as disposable goods and reserves the rights to discard them.

AMENDMENTS

IWHOST reserves the right to revise, add to or modify the above terms of service at any time. IWHOST has the right to terminate the clients account or restrict its use if IWHOST believes that the clients have violated or may violate any of our terms of service.

SECURITY INSPECTION

IWHOST reserves the right to conduct a random security inspection on any clients account at their discretion. This security inspection conducted for the purpose of maintaining the integrity of IWHOST services and to prevent any violation of the Terms of Service.

OUR SERVICES AND RESPONSIBILITIES

We deploy, operate and maintain computing infrastructure. Our services include the provision of capacity on this infrastructure to you. You will rent capacity on our infrastructure, which you will access exclusively over the internet, and will use this capacity to store data and/or to run virtual servers or dedicated servers. We also offer accompanying services, for example domain name registration and DNS hosting. We have taken reasonable care in compiling the content of our website, but make no warranty as to the accuracy of any descriptions of our services on our website (with the exception of the Terms of Service), and we do not accept any liability resulting from any reliance you or any third party may place on such descriptions. In particular, performance descriptions are indicative and not guaranteed. We do not support any operating systems and/or other software which you run on your shared hosting, virtual servers or dedicated servers. We do not make any representations, warranties or guarantees regarding data retention, data integrity, service security or service suitability for any purpose. You must not use our services in any safety critical systems. You rent capacity on our infrastructure either: - by subscription, paid in advance, covering a certain amount of capacity over a given time period; or by usage, which is deducted from a prepaid balance, and may be charged at a different rate from subscriptions; or - by payment in arrears, according to the payment terms specified in our invoices or otherwise. You may not always be able to increase the amount of capacity that you use on our infrastructure, even when payment for this would be covered by your existing subscriptions or prepaid balance, since our infrastructure may be fully or nearly fully-utilized by other customers. - We reserve the right to charge interest on any amount due to us from you, on a daily basis at 2% above the Malaysia Bank base rate. You will reimburse us all costs and expenses incurred in collection of overdue amounts, including our legal fees. - The accompanying services which we offer may be subject to additional terms and conditions from us or third parties, such as domain name registrars, who are involved in their provision. We will notify you of these conditions, which you must also accept should you wish to use these accompanying services.

TERMS OF SERVICE VIOLATION

IWHOST reserves the right in its 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 Terms of Service. 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 Terms of Service. Any pre-payment of your accounts that is terminated due to our determination of a violation of one or more of our Terms of Service 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.

INDEMNIFICATION

The clients agree and promise to defend, indemnify, save and hold IWHOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against IWHOST, 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.

WARRANTY

The clients agreed and warrant IWHOST that the use of the IWHOST service(s) provided by IWHOST will not going to subject IWHOST to any claim(s). The clients further agreed if IWHOST are sued or threatened with lawsuit in connection with service(s) provided to the clients, IWHOST may turn to the clients to indemnify, defend and hold IWHOST harmless from the claims and expenses including attorneys fees and court costs.

DISCLAIMER

IWHOST will NOT BE RESPONSIBLE for any incidental, consequential, special or punitive damages or lost or imputed profits or royalties that your business may suffer. We make no warranties of any kind, expressed or implied for services that we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by our webhosting service and our employees. We reserve the right to revise the policies at any time. Therefore all end users, resellers and dedicated servers of us must adhere to the above policies.

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