Website Hosting Terms of Service And Agreements
This is a legal agreement between you known as (you, your, yours, users, subscriber) and Bangkok Hosting known as (us, provider, we, our, and Bangkok Hosting), throughout this agreement. By subscribing to the services provided by Bangkok Hosting, or by accessing this site, you duly accept these terms of service and the Acceptable Use Policy, Spam Policy, Software Policy, Affiliate Policy, and Guarantee Policy that is part of these terms of service.
To access the hosting services provided by Bangkok Hosting, you must subscribe to a Web Hosting Package or Domain Registration or Transfer located on the ordering page of the Bangkok Hosting website. Those areas deemed as public will not require a subscription service.
If you subscribe to Bangkok Hosting, you agree to the following:
1. You will maintain a current and correct contact information regarding your account. This includes your name, address, telephone number, billing information, and e-mail address.
2. You will safeguard your username and password(s) to your client portal subscription area, domain record area and server control panel. You are solely responsible for the access granted to your account. If you suspect unauthorized access to your account, you will notify us immediately to have your subscription information changed to prevent further access by unauthorized parties.
3. If you elect to subscribe to the Bangkok Hosting services, you agree to submit to a vigorous fraud screening process. Failure to pass the screening or submit to screening will result in your subscription being placed on hold and manual activation will be needed. Manual activation can take up to seven (7) business days to complete. If your subscription cannot be verified, it will be deleted from our systems and your IP address will be logged as fraud and reported to public and commercial fraud databases.
FEES AND PAYMENTS
1. The fee schedule will be displayed on the order page of the Bangkok Hosting website at all times.
2. The fee schedule may be changed at the discretion of Bangkok Hosting at anytime and you agree to the new fees set forth.
3. Bangkok Hosting utilizes Money Bookers, PayPal, or Bank Transfers to process all billing.
4. Package and domain cost are before taxes, if applicable.
5. You will receive an e-mail notification three (3) days prior to your subscription renewing. Your hosting and or Domain Registrations may occur at different times – generating separate invoices. Failure to receive these e-mails does not forgive your need for payment.
6. Payments for services are due upon receipt upon your anniversary date of renewal.
7. Anniversary dates can be either weekly, monthly, quarterly, semi-annual, or annual in nature.
8. We are not responsible for any non-sufficient funds or over the limit charges you may incur by your financial institution by our billing of your credit card or debit card.
9. Failure to make payment on your subscription will result in:
1. You will receive a payment failure notification with instructions on on how to proceed;
2. We will attempt to secure payment three (3) times from the billing information you provided us;
3. If after the second attempt, we are still due payment, your website, hosting account, access to the members’ cPanel area and any other subscription bases access will be suspended until payment has been made and you will be charged a late payment fee of twenty-five ($25.00) dollars that is non-refundable;
4. If after the third attempt, we are still due payment, will we restrict access to your website by any parties, ftp accounts, MySQL databases, and all electronic email accounts. YOU WILL HAVE ONE (1) DAY TO BRING YOUR ACCOUNT CURRENT.
5. If you are still in default, we will begin the termination of your services from our servers. YOU WILL NOT HAVE ACCESS TO ANY PART OF YOUR ACCOUNT INCLUDING BUT NOT LIMITED TOO; BACKUPS, ELECTRONIC MAIL, WEB PAGES, OR ANY OTHER INFORMATION YOU HAVE STORED ON OUR SERVICES. ACCOUNT TERMINATION CANNOT BE REVERSED!
6. If your account is terminated, we will seek restitution for any monies owed us. We reserve the right to pursue collections through third party means including any reasonable attorney fees to have such action brought against you.
10. If we receive notification of a credit card dispute or chargeback, your account will be suspended and access to it denied until such dispute is resolved.
11. WE RESERVE THE RIGHT TO REQUEST, AT ANY TIME, A SIGNED CREDIT CARD AUTHORIZATION BE SUBMITTED TO US ALONG WITH COPIES OF THE CREDIT CARD AND DRIVERS LICENSE OF THE PAYING PARTY. IF SAID INFORMATION IS NOT RECEIVED BY US, WE MAY REFUSE TO GRANT YOU SUBCRIPTION PRIVELAGES.
12. We do NOT accept checks for payment of services.
13. You are responsible to maintain the accuracy and update when needed, your credit card information including expiration dates and account number changes. You may update your credit card information from your secure client portal area.
SHARED, VPS, DEDICATED SERVICES
1. Your subscription will be maintained on a shared hosting account unless otherwise indicated.
2. You are allowed to use the pre-determined amount of resources allocated to your subscription without being charged for overages. If you do not need use of all your allocation, you will still be charged the amount of your subscription as the resources where available for your use.
3. If you use more resources then you are allocated, you agree to pay for such overages at our current pricing structure.
4. Your pricing structure can be changed or altered at anytime at the sole discretion of us. However, any price changes will be system wide and affect all users of the same subscription. You will be given a 30-day notice of subscription pricing changes. This notice will be e-mailed to the address we have on file. We are not responsible for e-mail failures.
DOMAIN REGISTRATION, TRANSFERS, AND RENEWALS
1. You are not required to register a domain with us to use our hosting service.
2. You may point your domain to be hosted on our servers. You will receive the required information in your turn up e-mail. It is your responsibility to change your name servers with your current registrar. We will notify you when your domain is pointing to your servers.
3. If you register a domain through us, you will pay the current domain registration fee and tax along with any subscription feeds (if applicable) in your first installment. Domain Registration fees are NON-REFUNDABLE. It is imperative that you select the correct domain before proceeding. The domain cannot be changed once registered.
4. You may be required to register your domain for longer then the standard one year period.
5. Domain pricing varies with the TLD; see our website for pricing.
6. Pricing for domain registration, transfers, or renewals can be changed at any time.
7. You may register more then one domain with us at any given time.
8. International domains are not currently available.
9. Domain renewals must be completed thirty (30) days prior to expiration.
WEB HOSTING PACKAGE REGISTRATION AND RENEWALS
1. Web hosting packages are maintained by us and can be changed at our sole discretion to better suit our clients at any time.
2. You will be given a choice of packages during the subscription process. You must have a current registered domain name that you will transfer or point to our servers or register a domain through our service to be included with your hosting package. Domain registration carries a separate fee.
3. Web hosting packages will renew on the period you selected during the subscription phase.
1. We reserved the right to use fraud protection measures for domain and package registrations.
2. You must pass the fraud protection screening to register for domain and package hosting.
3. If you fail the fraud protection screening, your request will be queued and manually investigated before activation will take place. This process can take up to seven (7) business days.
4. You must provide a working telephone number that you can be reached at immediately after requesting subscription and registration services. Cellular telephone numbers are NOT permitted. If a cellular number is given, you will FAIL the fraud screening.
5. The fraud screening is an automated process, which will utilize the keypad and touch tone service on your telephone.
6. You may be required to submit to a pre-ordering screening. Failure to complete the screening will result in your denial of order services.
7. If you fail the fraud screening process, DO NOT submit your request again as this ban your IP address from our servers.
8. If it is found that you are fraudulent in registering for package services and/or domain names, we will inform and proceed with prosecution with law enforcement agencies and the Federal Bureau of Investigations. Will we also provide the information you submitted to us to the fraud databases used by web hosting and domain registration companies, including the IP address that you used to submit such request and notify your ISP of such actions.
1. We will provide support of hosting your package with us. We do not provide support on the client software you use to create, publish, and maintain your site or any approved scripts used to enhance your site. You will need to contact the appropriate vendor for support.
2. We will support configuration of your package from the options included in your control panel with the exception of available scripts on your control panel. These are self-installing. The use of and maintenance of these scripts are your responsibility.
3. Support must be requested via the support ticket option in your portal area of your account. A support ticket must be opened to obtain support, as email request will not be honored.
4. Most support questions can be answered through our Active Response System and/or visual support areas. Please visit these areas before submitting a support request ticket. If the answer to your request is contained in these areas, you will be redirected to these support forums.
SUSPENSION AND OR CANCELLATION OF SERVCIES
1. Your account can be suspended or cancelled for the following reason:
1. Inappropriate content;
2. Non-payment of fees due;
3. Excessive use of CPU time and/or system resources;
5. Fraudulent account(s);
6. Failure to upgrade to the next package level or overages in package resources (i.e. Excessive bandwidth usage, storage space usage
2. You may cancel your subscription by following these guidelines:
1. You must submit a cancellation request through the client portal indicating your decision to cancel your service.
2. Cancellation of your account will be made within seven (7) business days of your request.
3. Once your account as been cancelled your package will be deleted along with all information in your account (databases, email, etc.) THIS ACTION CANNOT BE REVERSED. ONCE THE INFORMATION IS DELETED, IT WILL NEED TO BE RECREATED BY YOU IF YOU FAILED TO OBTAIN BACKUPS AND DOWNLOAD SUCH BACKUPS FROM YOUR ACCOUNT PRIOR TO DELETION.
4. If you registered a domain with us, you cannot cancel a domain. You will need to let the domain expire to avoid additional renewal charges. Domain registration fees are NON-REFUNDABLE. Your request to cancel your package subscription will not affect your domain registration. You will continue to receive domain renewal billing from us unless you transfer your domain to another registrar. Transferring a domain is your responsibility.
5. If you cancel your package subscription but fail to point your domain to another provider, we will bounce the page request to a ‘page not found’ / ‘DNS error’.
6. Any refunds due to you (if you are paying by any period other then monthly) will be processed within thirty (30) business days and will be prorated from the actual date of cancellation to your next anniversary date.
7. Any refund to your account will be credited back to the original form of payment. No check will be issued and/or distributed to you. You must ensure we have your current and correct credit card information to obtain a refund. Invalid credit card information may delay your refund past the stated thirty (30) business days.
You agree to the following Acceptable Use policy by subscribing to our services:
1. You will not engage in presenting pornographic web sites on our servers, link to, produce banner advertisements, click-through links, or any indication of pornography;
2. You will not produce, display, transmit (either visually or through electronic means) any illegal, harmful, derogatory, defaming information or terrorist activities;
3. You will not cause harm directly or indirectly to our servers, network or any equipment used to provide services to other users;
4. You will not attempt to gain access to any unauthorized area of our servers;
5. You will limit your package to the set limits of said package as described when you subscribed and/or upgraded your package;
6. You will not use more CPU processing time, memory and/or other system resources that will cause interference with the service of other accounts;
7. You will not spam, mail bomb, cause denial of service, or repeatedly ping our servers;
8. You will not cause our IP addresses to be listed on any spam monitoring site or sites that patrol the internet to eliminate and/or intend to police unsolicited content providers;
9. You will follow all support ticket request directions;
10.You will not spam, flood any support forums that may be in place for subscribed users
For materials you post or otherwise provide to Bangkok Hosting related to the M Squared Web Sites (a "Submission"), you grant Bangkok Hosting permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the M Squared Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Bangkok Hosting will not pay you for your submission. Bangkok Hosting may remove your submission at any time. For each submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Bangkok Hosting may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Bangkok Hosting Parties or any customer of a Bangkok Hosting party.
Bangkok Hosting PROVIDES THE Bangkok Hosting WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE M SQUARED VENTURES, LLC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. THE Bangkok Hosting PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Bangkok Hosting WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
IN NO EVENT WILL ANY Bangkok Hosting PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Bangkok Hosting WEB SITES, EVEN IF SUCH Bangkok Hosting PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER OTHER SECTIONS ARE INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE M SQUARED VENTURES, LLC WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY M SQUARED VENTURES, LLC PARTY WITH RESPECT TO THIS AGREEMENT OR THE Bangkok Hosting WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Bangkok Hosting WEB SITES.
ADDITIONAL LIABILITY LIMITATIONS
THE Bangkok Hosting PARTIES MAY CHANGE THE Bangkok Hosting WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. AS YOU USE THE Bangkok Hosting WEB SITES, YOU SHOULD EXPECT TO RECEIVE, ACCESS OR USE INFORMATION, MATERIALS, GRAPHICS, SOFTWARE, DATA AND CONTENT (COLLECTIVELY, "CONTENT") ORIGINATED BY Bangkok Hosting AND PERSONS OTHER THAN Bangkok Hosting (ANY SUCH PERSON IS REFERRED TO AS A "THIRD PARTY"). WITHOUT LIMITING THE GENERALITY OF OTHER SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT THE M SQUARED VENTURES, LLC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF OTHER SECITONS, YOU ACKNOWLEDGE AND AGREE THAT Bangkok Hosting IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Bangkok Hosting WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE Bangkok Hosting WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE M SQUARED WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Bangkok Hosting WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
CHOICE OF LAW AND LOCATION
If this Agreement is with Bangkok Hosting, claims for enforcement, breach, or violation of duties or rights under this Agreement will be adjudicated under the laws of Thailand, without reference to conflict of laws principles. If this Agreement is with a Bangkok Hosting affiliate, claims for enforcement, breach, or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Bangkok Hosting affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of Thailand, or, if you reside outside of Thailand, under the laws of the country to which the subject Bangkok Hosting Web Sites are directed. If this Agreement is with Bangkok Hosting, you hereby irrevocably consent to the exclusive jurisdiction and venue of Thailand in all disputes arising out of or relating to the use of the Bangkok Hosting Web Sites. If this Agreement is with a Bangkok Hosting affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Bangkok Hosting affiliate in all disputes arising out of or relating to the use of the Bangkok Hosting Web Sites.
LIMITED TIME TO BRING CLAIM
YOU AND Bangkok Hosting AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Bangkok Hosting WEB SITES MUST COMMENCE WITHIN ONE (1) MONTH(S) AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Bangkok Hosting may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Bangkok Hosting Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Bangkok Hosting with respect to the Bangkok Hosting Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bangkok Hosting with respect to the Bangkok Hosting Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Bangkok Hosting Web Sites are Copyright © 2007 Bangkok Hosting and/or its suppliers, All rights reserved. Bangkok Hosting logo, and/or other Bangkok Hosting products and services referenced herein may also be either trademarks or registered trademarks of Bangkok Hosting in Thailand and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places, or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
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