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PLEASE READ THIS POLICY CAREFULLY. BY CLICKING
ON THE ORDER BUTTON ON THE ORDER FORM REFERENCED HEREIN,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS POLICY
AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE
IN THIS POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES
ACCEPTANCE OF THIS POLICY.
1. Introduction
This Acceptable Usage Policy ("Policy") is
an agreement ("Agreement") between Silver Media,
a Singapore registered business (RCB No. 53008942D), and
the party set forth in the related order form ("Customer")
incorporated herein by reference (together with any subsequent
order forms submitted by Customer, the "Order Form"),
and applies to the purchase of all services (collectively,
the "Services") ordered by Customer on the Order
Form. Such party is referred to in this Policy as "Customer"
or "you". Silver Media reserves the right to
reject this Policy for any reason or no reason, prior
to acceptance thereof by Silver Media. Activation of the
Services shall indicate Silver Media's acceptance of this
Policy. Subject to the terms and conditions of this Policy,
Silver Media will provide to Customer the Services selected
by Customer set forth on the Order Form.
2. Amendment of Agreement
Silver Media may amend or otherwise modify this Policy.
Customer agrees that Silver Media's posting of any amendments
or modifications to this web site (http://www.1stsingaporewebhosting.com.com/aup.shtml)
shall constitute adequate notice to Customer and that
Customer shall periodically consult this web page for
any changes or amendments to this Policy. Silver Media
may, but is under no obligation to, provide additional
notice of any amendment, modification or update of this
Policy via email to Customer. If any material modification
to this Policy is unacceptable to Customer it shall be
Customer's responsibility to terminate their subscription
as provided in Section 3 of this Agreement. If Customer
does not terminate the Services then Customer's continued
use will mean that Customer has accepted the amended or
modified Policy.
3. Duration of Agreement and Cancellation Policy
The Initial Term shall begin upon confirmation of Customer's
order or commencement of the Services to Customer and
the Term's length shall be indicated in the Order Form.
After the Initial Term, this agreement shall automatically
renew for successive terms, equal in length to the Initial
Term, unless terminated or canceled by either party as
provided herein. During the Term this agreement cannot
be terminated by customer for any reason.
This Agreement may be terminated by either party by giving
the other party written notice at least 30 days prior
to the renewal/anniversary date of the Term, or by Silver
Media in the event of nonpayment by Customer or by Silver
Media, at any time, without notice, if in Silver Media's
judgment Customer has in any way breached this Agreement.
If Silver Media cancels this Agreement pursuant to any
of the terms outlined in this agreement Silver Media shall
not refund to Customer any fees paid or prepaid in advance
of such cancellation and Customer shall be obligated to
pay all fees and charges accrued prior to the effectiveness
of such cancellation. Prepaid hosting fees are not refundable,
if Silver Media terminates this agreement for cause. Silver
Media shall also have the right to charge customer a minimum
of S$150.00 Breach-Of-Contract fee.
If prior to the end of the agreed on Term, Customer cancels
the Services for any reason, or Silver Media terminates
the Agreement due to Customer's breach of the Silver Media
Acceptable Usage Policy, Customer will be charged an early
termination fee equal to the fee for such account remaining
in the term. At no point shall customer receive a refund
of any prepaid service fees.
All sales are final. Except for a cancellation within
the first 15 days after of the service (Limited Money
Back Guarantee) there is no "Cooling-Off Period"
and Customer can not cancel this Agreement prior to the
end of the Term as provided herein for any reason. If
Customer cancels this Agreement before the end of the
term Customer will receive refund for prepaid hosting
fees that has not been used. In the event that Customer
cancels within 15 days of ordering the service by sending
email Silver Media will refund the prepaid hosting fees
to Customer (after deduction of credit card processing
fee or any bank charges).
4. Billing and Payment
All fees for web hosting or other Services are due in
advance and shall be in accordance with Silver Media's
fee schedule, which is incorporated herein by reference
and may be amended from time to time. In the event that
customer elects to pay with a credit card Customer authorizes
Silver Media or Silver Media's authorised credit card
processor to charge all fees owed to such credit card
at the time or up to 30 days before they become due. Customer
agrees to pay a S$25.00 (twenty-five Singapore dollars)
late fee if customer's account or accounts become more
than ten (10) calendar days overdue or if Customer's credit
card is not accepted when a charge is processed. Fees
for renewal periods after the Initial term shall become
due 30 days before the first day of such renewal period.
Silver Media may impose a debt service charge equal to
one and one-half percent (1.5%) of the overdue balance
or a lesser amount where required by law for each month
or portion thereof the overdue amount remains unpaid.
In addition, in the event that any amount due Silver Media
remains unpaid five (5) calendar days after such payment
is due, Silver Media, in its sole discretion, may immediately
terminate this Agreement, and/or withhold or suspend Services.
Customer agrees that Silver Media may charge a S$30.00
(thirty Singapore dollars) fee to reinstate accounts that
have been terminated or suspended. All taxes, fees and
governmental charges relating to the Services provided
hereunder (other than income taxes of Silver Media) shall
be paid by Customer.
Customer agrees that Silver Media may charge in advance
all fees due for the Services provided to Customer under
this agreement to the credit card supplied by Customer
during registration or at any time thereafter and customer
specifically agrees not to charge back any payments Silver
Media processes through Customer's credit card.
Customer acknowledges and specifically agrees that chargebacks
- which might occur if Customer disputes Silver Media
charges directly with Customer's credit card bank - are
unlawful if Silver Media's service has been rendered.
If customer has a fee dispute with Silver Media he has
to settle such dispute with Silver Media directly without
initiating any chargeback proceedures. Any chargeback
will evoke an automatic S$150 (one-hundred-fifty Singapore
dollars) service fee, without exception, for which customer
will be held responsible in future collecting proceedures.
Returned checks will be assessed a S$30.00 charge.
5. Silver Media as Reseller or Licensor
Silver Media is acting only as a reseller or licensor
of the hardware, software and equipment used in connection
with the products and/or Services that were or are manufactured
or provided by a third party ("Non-Silver Media Product").
Silver Media shall not be responsible for any changes
in the Services that cause the Non-Silver Media Product
to become obsolete, require modification or alteration,
or otherwise affect the performance of the Services. Any
malfunction or manufacturer's defects of Non-Silver Media
Product either sold, licensed or provided by Silver Media
to Customer or purchased directly by Customer used in
connection with the Services will not be deemed a breach
of Silver Media's obligations under this Agreement. Any
rights or remedies Customer may have regarding the ownership,
licensing, performance or compliance of Non-Silver Media
Product are limited to those rights extended to Customer
by the manufacturer of such Non-Silver Media Product.
Customer is entitled to use any Non-Silver Media Product
supplied by Silver Media only in connection with Customer's
permitted use of the Services. Customer shall use its
best efforts to protect and keep confidential all intellectual
property provided by Silver Media to Customer through
any Non-Silver Media Product and shall make no attempt
to copy, alter, reverse engineer, or tamper with such
intellectual property or to use it other than in connection
with the Services. Customer shall not resell, transfer,
export or re-export any Non-Silver Media Product, or any
technical data derived therefrom, in violation of any
applicable Singapore or foreign law.
6. IP Address Ownership
During the course of providing Services to customer Silver
Media may assign to Customer an Internet Protocol address.
Customer agrees that it has no right to a particular IP
address under this agreement and accordingly Silver Media
shall retain ownership of any IP address or addresses
used by Customer under this agreement and that Silver
Media reserves the right to change or remove any and all
such Internet Protocol numbers and addresses, in its sole
and absolute discretion.
7. Caching
Customer expressly grants to Silver Media a license to
cache Customer's Content including content supplied by
third parties and hosted by Silver Media under this Agreement
and Customer agrees to indemnify and hold harmless Silver
Media for any infringement of any third party's intellectual
property rights thereby affected from said caching.
8. No Unauthorized Scripts or Executables
Customer agrees not to run any scripts, executables or
other programs or processes on Silver Media's servers
or other equipment that will in any way adversely affect
the performance of said equipment.
9. Bandwidth and Disk Usage
Customer agrees that Silver Media will monitor and meter
Customer's bandwidth and disk usage and in the event that
Customer exceeds the bandwidth or disk usage alocated
to each hosting package Silver Media may take corrective
action which may, at Silver Media's sole discretion, include
the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination
of this Agreement. Customer agrees that in the event of
a dispute Silver Media's monitoring reports shall be the
final method of determination how much disk space and
bandwidth was used and agrees to pay the excess usage
charges when due. Customer's logs files are counted against
any disk usage. Log files cannot be deleted by customer,
but will automatically be deleted once every month. To
avoid unfair resource distribution at no time shall Customer
use more than 15 simultanious processes by and with any
of Customer's applications and not upload any file larger
than 100 megabyte. All images in a Customer's hosting
account must be linked to from pages within the Customer's
hosting account. It is a violation of this agreement if
Customer uses this account as an image, sound or file
library, or as storage for file downloading.
10. Intellectual Property Rights
Customer acknowledges that Silver Media owns all trade
names, trademarks, service marks, inventions, copyrights,
trade secrets, patents, know-how and other intellectual
property rights relating to the Services and their provision.
Customer further acknowledges and agrees that nothing
in this Agreement shall constitute a license to Customer
to resell or trade under any of Silver Media's intellectual
property.
11. Web Site, E-Commerce and Customer Warranties
Customer shall assume sole responsibility for (a) acquiring
any authorization(s) necessary for hypertext links to
third party web sites, (b) the accuracy of materials on
Customer Web Site(s), including, without limitation, Customer
Content, descriptive claims, warranties, guarantees, nature
of business, and address where business is conducted,
and (c) ensuring that the Client Content does not infringe
or violate any right of any third party. Notwithstanding
the foregoing, Silver Media reserves the right, in its
sole discretion, to exclude or remove from the Web Site
any hypertext links to third party web sites, any Customer
Content on the Web Site, or other content not supplied
by Silver Media which, in Silver Media's sole reasonable
discretion, may violate or infringe any law or third party
rights or which otherwise exposes or potentially exposes
Silver Media to civil or criminal liability or public
ridicule, provided that such right shall not place an
obligation on Silver Media to monitor or exert editorial
control over the Web Site. Silver Media shall in no way
be responsible to the Customer or any third party for
Customer's conduct or actions including but not limited
to Customer's handling of third party information such
as credit card numbers and any liabilities incurred by
Customer including but not limited to tax liabilities
for the conduct of Customer's online business.
Customer shall be solely responsible for the development,
operation and maintenance of Customer's web site and any
online store and e-commerce activities.
Customer shall be solely responsible for complying with
any laws, taxes, and tariffs applicable in any way to
the web site, and will hold harmless, protect SilverMedia
and its subcontractors from any claim, suit, penalty,
tax, fine, penalty, or tariff arising from the Customert's
exercise of Internet electronic commerce and/or any failure
to comply with any such laws, taxes, and tariffs.
12. Disclaimer of Warranty
Customer agrees that its use of Services and its reliance
upon information provided by Silver Media are entirely
at Customer's own risk. Customer acknowledges and agrees
that Silver Media exercises no control over, and accepts
no responsibility for, the content of data, scripts, or
other information passing through Silver Media's host
computers, network hubs and points of presence or the
Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE
PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER SILVER
MEDIA, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES
ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT
PROVIDED IN CONJUNCTION THEREWITH. NEITHER SILVER MEDIA
NOR ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES
ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED
IN OR PROVIDED THROUGH THE SERVICES. SILVER MEDIA IS NOT
LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE
CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER
OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA
THE SERVICES PROVIDED BY SILVER MEDIA. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY ANY SILVER MEDIA EMPLOYEE,
OWNER, OR AGENT WILL CREATE A WARRANTY; NOR MAY CUSTOMER
OR ANY OF CUSTOMER'S OWNERS, EMPLOYEES, OR AGENTS RELY
ON ANY SUCH INFORMATION OR ADVICE. The terms of this section
shall survive any termination of this Agreement.
13. Indemnification
Customer agrees to indemnify, defend and hold harmless
Silver Media and its parent, subsidiary and affiliated
companies, and each of their respective officers, directors,
employees, shareholders and agents (each an "indemnified
party" and, collectively, "indemnified parties")
from and against any and all claims, damages, losses,
liabilities, suits, actions, demands, proceedings (whether
legal or administrative), and expenses (including, but
not limited to, reasonable attorney's fees) threatened,
asserted, or filed by a third party against any of the
indemnified parties arising out of or relating to Customer's
use of the Services, any violation by Customer of this
agreement, any breach of any representation, warranty
or covenant of Customer contained in this Agreement or
any acts or omissions of Customer. The terms of this section
shall survive any termination of this Agreement.
14. Limitation of Liability
Customer agrees neither Silver Media nor any of its employees,
owners, or agents shall be held responsible or liable
for situations where the Services are accessed by third
parties through illegal or otherwise unauthorized means,
including situations where such data is accessed through
the exploitation of security gaps, weaknesses or flaws
(whether known or unknown to Silver Media at the time)
which may exist in the Services or Silver Media's equipment
used to provide the Services.
Under no circumstances, including negligence, shall Silver
Media or any of its employees, owners, or agents be liable
for any indirect, incidental, special, consequential or
punitive damages, or loss of profits, revenue, data or
use by Customer, any of its customers, any Reseller Customer
or any other third party, whether in an action in contract
or tort or strict liability or other legal theory, even
if Silver Media has been advised of the possibility of
such damages. No Silver Media Person shall be liable to
Customer, any of its customers, any Reseller Customer
or any other third party, for any loss or damages that
result or are alleged to have resulted from the use of
or inability to use the Services, or that results from
mistakes, omissions, interruptions, deletion of files,
loss of data, errors, viruses, defects, delays in operations,
or transmission or any failure of performance, whether
or not limited to acts of God, communications failure,
theft, destruction or unauthorized access to Silver Media's
records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement,
Silver Media's maximum liability under this Agreement
for all damages, losses, costs and causes of actions from
any and all claims regardless of the legal theory or the
nature of the cause of action shall not exceed the actual
dollar amount paid by Customer for the Services which
gave rise to such damages, losses and causes of actions
during the twelve (12) month period prior to the date
the cause of action arose or the injury or loss occurred.
Customer understands, acknowledges and agrees that if
Silver Media takes any corrective action under this Agreement
because of an action of Customer or one its customers
that corrective action may adversely affect other customers
of Customer or other Reseller Customers, and Customer
agrees that Silver Media shall have no liability to Customer,
any of its customers or any Reseller Customer due to such
corrective action by Silver Media.
This limitation of liability reflects an informed and
voluntary allocation of risks between the parties and
applies to risks both know and unknown that may exist
in connection with this Agreement. The terms of this section
shall survive any termination of this Agreement.
15. Prohibited Uses and Activities
Silver Media may immediately take corrective action,
including removal of all or a portion of the Customer's
content, disconnection or discontinuance of any Services
if Customer, or anyone accessing Customer's account or
server space, engages in any of the prohibited Uses or
Activities set forth in Section 15 of this agreement.
Customer hereby agrees that Silver Media shall have no
liability to Customer or any of Customer's customers due
to any corrective action that Silver Media may take (including,
without limitation, disconnection of Services).
A. Violations of Intellectual Property Rights
Customer agrees that it shall not violate any intellectual
property rights and that it shall not resell services
to any party which violates intellectual property rights.
Any violation of any individual or entity's intellectual
property rights including, rights of privacy and rights
of publicity are prohibited. Silver Media is required
by law to remove or block access to content appearing
on or through the Services upon receipt of proper notice
of copyright infringement (see "Copyright Infringement
Notice Information" below).
B. Spamming
Customer agrees not to send spam or resell its services
to anyone who sends spam. The term "spam" includes,
but is not limited to, the sending of unsolicited bulk
and/or commercial e-mail messages over the Internet or
maintaining an open SMTP policy. In the event of a dispute
Silver Media reserves the right to determine, in its sole
and discretion, whether email recipients were from an
opt-in email list.
Any user who sends out spam will have their account terminated
immediately without notice.
C. Misrepresentation of Transmission Information
Customer agrees not to forge, misrepresent, omit, or
delete message headers, return mailing information and/or
Internet protocol addresses to conceal or misidentify
the origin of any message or to resell services to anyone
who engages in said conduct.
D. Viruses and Other Destructive Activities
Use of the Services for creating or sending malicious,
destructive or nuisance code, examples of which include
but are not limited to, viruses, worms and Trojan horses,
or for pinging, flooding or mail-bombing, or engaging
in denial of service attacks is prohibited and is a breach
of this agreement. Customer also agrees not to engage
in any other activity that is intended to disrupt or interfere
with, or that results in the disruption of or interference
with, the ability of others to effectively use the Services
(or any connected network, system, service or equipment).
E. Malicious or Unauthorized Hacking
Customer agrees not conduct or promote any "Hacking"
activity and agrees that "Hacking" as herein
defined includes but is not limited to, the following
activities: illegally or without authorization, accessing
computers, accounts or networks, penetrating or attempting
to penetrate security measures, port scans, stealth scans,
and other activities designed to assist in malicious or
unauthorized hacking or cracking. Any such activity on
the part of Customer is a material breach of this Agreement.
F. Pornography
The use of the Services to store, post, display, transmit,
advertise or otherwise make available pornography is prohibited.
Silver Media will as required by law, notify law enforcement
agencies when it becomes aware of the presence ofpornography
on, or being transmitted through, the Services.
G. Other Illegal Activities
The use of the Services to engage in any activities that
are determined by Silver Media, in its sole and absolute
discretion, to be illegal or which in Silver Media's opinion
are likely to be found to be illegal is prohibited. Such
illegal or potentially illegal activities include, but
are not limited to, storing, posting, displaying, transmitting
or otherwise making available ponzi or pyramid schemes,
password and cracking information, fraudulently charging
credit cards or displaying credit card information or
other private information of third parties without their
consent, and failure to comply with applicable online
privacy laws. Silver Media will cooperate fully with appropriate
law enforcement agencies in connection with any and all
illegal activities occurring on or through the Services.
H. Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display
or otherwise make available obscene, defamatory, harassing,
abusive or threatening language is prohibited.
I. Other Prohibited Activities
Engaging in any activity that, in Silver Media's sole
and absolute discretion, disrupts, interferes with or
is harmful to (or threatens to disrupt, interfere with,
or be harmful to) the Services, Silver Media's business,
operations, reputation, goodwill, customers and/or customer
relations, or the ability of Silver Media's customers
to effectively use the Services is prohibited. Such prohibited
activities include making available any program, product
or service that is designed to or could be used to violate
this Agreement. In addition, the failure by a Customer
to cooperate with Silver Media in correcting or preventing
violations of this Agreement by, or that result from the
activity of, a customer of the Subscriber is a violation
of this Agreement.
We DO NOT allow Internet-Relay-Chat ("IRC")
or IRC bots to be operated on our servers.
16. Copyright Notice Infringement Information
Silver Media has adopted a policy that provides for termination
of web sites hosted by Silver Media that are found to
infringe on copyrights of third parties. Customer expressly
acknowledges that they are aware of this provision and
Customer waives any claims it may have should it be injured
by the enforcement of this provision. If a copyright holder
believes that there has been a violation of their copyright
on a web site that is hosted by Silver Media and the copyright
holder demands that Silver Media remove the web site or
disable the material in question, Silver Media will remove
the web site or disable the material if the copyright
holder provides Silver Media with all of the following
information:
A signature of a person authorized to act on behalf of
the owner of the exclusive right that is allegedly infringed.
1. Identification of the copyrighted work that is claimed
to have been or being infringed, or, in the case of claimed
infringement of multiple copyrighted works, a representative
list of such works.
2. Identification of the material that is claimed to
be infringing or is the subject of infringing activity
and that should be removed or access to which should be
disabled, with information reasonably sufficient to permit
us to locate the material. Information reasonably sufficient
to permit us to contact the person giving the notification,
such as an address and telephone, and, if available, an
electronic mail address at which such person may be contacted.
3. A statement that the person giving the notification
has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright
owner, its agent, or the law.
4. A statement that the information in the notification
is accurate, and under penalty of perjury, that the person
giving the notification is authorized to act on behalf
of the owner of the exclusive right that is allegedly
infringed.
17. Disclosure of Customer Information and Legal Process
Although Silver Media will ordinarily maintain strict
Customer confidentiality there are certain exceptions
where Silver Media may disclose any information in its
possession, including, without limitation, information
about Subscribers, Internet transmissions and web site
activity in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation
or official governmental request, to protect Silver Media
or others from harm, and/or to ensure the proper operation
of the Services. Silver Media has no obligation to notify
any person, including the Subscriber about whom information
is sought, that Silver Media has provided the information.
Customer acknowledges the above exceptions and agrees
to them without reservation.
18. Force Majeure
Silver Media shall not be liable for failure or delay
in performing its obligations hereunder if such failure
or delay is due to circumstances beyond its reasonable
control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of or
delay in transportation, unavailability of, interruption
or delay in telecommunications or third party services
(including DNS propagation), failure of third party software
or hardware or inability to obtain raw materials, supplies
or power used in or equipment needed for provision of
the Services.
19. Governing Law
This Agreement shall be governed in all respects by Singapore
law without regard to the conflict of law provisions thereof.
20. Assignment
Customer shall not have the right to assign this Agreement
without the prior written consent of Silver Media. This
Agreement shall be binding upon and inure to the benefit
of Customer and Silver Media and their successors and
permitted assigns.
21. Entire Agreement; Severability
This Agreement, together with the Order Form and any
other documents or agreements identified in this Agreement,
represents the entire agreement between the parties, and
supersedes all previous representations, understandings
or agreements. If any provision of this Agreement shall
be held by a court of competent jurisdiction to be invalid,
unenforceable, or void, the parties agree that the remainder
of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either,
an individual entering this Agreement for his or her personal
use and is over 18 years of age, or a corporation, partnership
or other legal entity, duly organized and in good standing
under the laws of the state of its organization and the
person acting on behalf of Customer is duly authorized
to accept, execute and deliver this Agreement on behalf
of Customer.
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