: :
TERM OF SERVICE : :
The term of this agreement shall continue
in full force and effect as long as Asia Web
Solutions is providing Web Hosting services
to You. You agree that Asia Web Solutions
may modify this Agreement from time to time.
Asia Web Solutions may also discontinue services
it provides under this Agreement. You agree
to be bound by any changes Asia Web Solutions
may reasonably make to this Agreement when
such changes become effective.
DESCRIPTION
OF SERVICE
Asia Web Solutions currently provides Web
Hosting services to Asia Web Solutions.Com’s
customers for a monthly fee. Asia Web Solutions
will host Your web site on Asia Web Solutions’s
Web Hosting servers, provided, however, You
abide by the terms and conditions set forth
herein and in each of Asia Web Solutions’s
policies and procedures. You are responsible
for ensuring that Your web site conforms to
all local, state, federal, and international
laws. Further, You are responsible for ensuring
the legal copyright to any images, text, or
other web site elements that are not provided
by Asia Web Solutions. If Your web site includes
GIF images, you must ensure that your GIF
images are licensed with Unisys or were created
with Unisys Authorized Software.
YOUR
OBLIGATIONS
You agree that You have provided accurate,
current and complete information in the application
process and that You will notify Asia Web
Solutions within five (5) business days when
any of the information You provided as part
of the application and/or registration process
changes. Failure by You, for whatever reason,
to respond within five (5) business days to
any inquiries made by Asia Web Solutions to
determine the validity of information provided
by You, will constitute a material breach
of this Agreement.
If You provide any information
that is inaccurate, not current, false, misleading
or incomplete, or if Asia Web Solutions has
reasonable grounds to suspect that Your information
is inaccurate, not current, false, misleading
or incomplete, Asia Web Solutions has the
absolute right, in its sole discretion, to
terminate its Web Hosting services and close
Your account.
You warrant that each
application You make is being done so in good
faith and that You have no knowledge of it
infringing upon or conflicting with the legal
rights of a third party or a third party's
trademark or trade name. You also warrant
that the web site being hosted by Asia Web
Solutions will not be used in connection with
any illegal activity.
Asia Web Solutions’s RIGHTS
Asia Web Solutions explicitly reserves the
right and sole discretion to: a. Censor any
web site hosted on its Web Hosting servers
that, in Asia Web Solutions’s sole discretion,
is deemed inappropriate; b. Review every Web
Hosting account for excessive space and bandwidth
utilization and to terminate or apply additional
fees to those accounts that exceed allowed
levels; c. Modify its pricing through email
notification; d. Terminate Your Web Hosting
service for unsolicited, commercial e-mailing
(i.e., SPAM); illegal access to other computers
or networks (i.e., hacking); distribution
of Internet viruses or similar destructive
activities; non-payment of Web Hosting fees;
and other activities whether lawful or unlawful
that Asia Web Solutions determines to be harmful
to its other customers, operations, or reputation;
e. Terminate Your Web Hosting service if the
contents of Your web site result in, or are
the subject of, legal action or threatened
legal action, against Asia Web Solutions or
any of its affiliates or partners, without
consideration for whether such legal action
or threatened legal action is eventually determined
to be with or without merit.
You agree to indemnify
and hold harmless Asia Web Solutions for any
complications arising out of Your use of Asia
Web Solutions’s Web Hosting services,
including actions Asia Web Solutions chooses
to take to remedy Your improper or illegal
use of a web site hosted by Asia Web Solutions.
You agree You will not be entitled to a refund
of any fees paid to Asia Web Solutions if,
for any reason, Asia Web Solutions takes corrective
action with respect to Your improper or illegal
use of its Web Hosting services.
DISPUTE
RESOLUTION POLICY
You agree that if a dispute arises as a result
of one or more web sites Asia Web Solutions
is hosting for You, You will indemnify, defend
and hold Asia Web Solutions harmless for damages
arising out of such dispute. You also agree
that if Asia Web Solutions is notified that
a complaint has been filed with a governmental,
administrative or judicial body, regarding
a web site hosted by Asia Web Solutions, that
Asia Web Solutions, in its sole discretion,
may take whatever action Asia Web Solutions
deems necessary regarding further modification,
assignment of and/or control of the web site
to comply with the actions or requirements
of the governmental, administrative or judicial
body until such time as the dispute is settled.
LIMITATION
OF LIABILITY
You agree that Asia Web Solutions's entire
liability to You under this Agreement, and
Your only remedy, in connection with any service
provided by Asia Web Solutions to You under
this Agreement, and for any breach of this
Agreement by Asia Web Solutions, shall be
limited to the fees You paid to Asia Web Solutions
for Web Hosting services.
INDEMNITY
You agree to release, defend, indemnify and
hold harmless Asia Web Solutions and its contractors,
agents, employees, offices, directors, shareholders
and affiliates from and against any losses,
damages or costs, including reasonable attorney's
fees, resulting from any claim, action, proceeding,
suit or demand arising out of or related in
any way to Your account with Asia Web Solutions
and/or Your use of the Web Hosting services
provided by Asia Web Solutions.
DISCLAIMER
OF WARRANTIES.
Asia Web Solutions EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SEVERABILITY
You agree that the terms of this Agreement
are severable. If any part of this Agreement
is determined to be unenforceable or invalid,
that part of the agreement will be interpreted
in accordance with applicable law as closely
as possible, in line with the original intention
of both parties to the Agreement. The remaining
terms and conditions of the Agreement will
remain in full force and effect.
VENUE; WAIVER OF TRIAL BY
JURY
THIS AGREEMENT SHALL BE
DEEMED ENTERED INTO IN THE STATE OF BALI.
THE LAWS AND JUDICIAL DECISIONS OF WASHOE
COUNTY, BALI, SHALL BE USED TO DETERMINE THE
VALIDITY, CONSTRUCTION, INTERPRETATION AND
LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE
THAT ANY ACTION RELATING TO OR ARISING OUT
OF THIS AGREEMENT, SHALL BE BROUGHT IN THE
COURTS OF BALI , INDONESIA.
YOU AGREE TO WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT
TAKES PLACE RELATING TO OR ARISING OUT OF
THIS AGREEMENT.
NOTICES
You agree that all notices (except for notices
concerning breach of this Agreement) from
Asia Web Solutions to You may be posted on
our web site. Notices concerning breach will
be sent either to the email or postal address
you have on file with Asia Web Solutions.
In either case, delivery shall be deemed to
have been made five (5) days after the date
sent.
Notices from you to Asia
Web Solutions shall be made either by email,
sent to the address we provide on our web
site, or first class mail to our address at:
Asia Web Solutions
Jl. Legian 494 / I
Kuta, Bali 80361
This Web Site Hosting
Agreement (“Agreement”) is by
and between Asia Web Solutions, and you, your
heirs, assigns, agents and contractors (“You”)
and is effective upon electronic execution.
Your Hosting is being arranged through an
agreement between Asia Web Solutions.Com.
This Agreement sets forth the terms and conditions
of Your use of Asia Web Solution’s Web
Site Hosting (“Web Hosting”) services
and represents the entire agreement between
You and Asia Web Solutions. By using Asia
Web Solutions’s Web Hosting services,
You acknowledge that You have read, understand
and agree to be bound by all the terms and
conditions of this Agreement, along with any
new, different or additional terms, conditions
or policies which Asia Web Solutions may establish
from time to time. You may view the latest
version of this Agreement at any time at http://www.asiawebsolutions.net/terms.php
This Asia Web Solutions
Terms of Service describe the proper kinds
of conduct and prohibited uses of Asia Web
Solutions's hosting services (the "Services").
This agreement is not exhaustive and Asia
Web Solutions reserves the right to modify
this agreement at any time, effective upon
posting of the modified agreement at http://www.asiawebsolutions.net/terms.php
. By registering for and using the Services,
and thereby accepting the terms and conditions
of this agreement, you agree to abide by these
conditions as modified from time to time.
Any violation of the agreement may result
in the suspension or termination of your account
or such other action as Asia Web Solutions
deems appropriate.
Server
Abuse
Any attempt to undermine or cause harm to
a server, or customer, of Asia Web Solutions
is strictly prohibited.
Unauthorized use of other
people's accounts or computers Asia Web Solutions
will strongly react to any use or attempted
use of an Internet account or computer without
the owner's authorization. Such attempts include
"Internet scamming" (tricking other
people into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of
accounts or computers by a Asia Web Solutions
customer, whether or not the attacked account
or computer belongs to Asia Web Solutions,
will result in action against the attacker.
Possible actions include warnings, account
suspension or cancellation, and civil or criminal
legal action, depending on the seriousness
of the attack.
IMPORTANT
NOTE - Asia Web Solutions has the right
to discontinue service, or deny access to
anyone who violates our Policies or the terms
and conditions shown below WITHOUT WARNING
OR PRIOR NOTICE. No refunds of fees paid will
be made if account termination is due to violation
of the terms outlined below.
Customers may not run
IRC, bots or clients on shared servers. Unacceptable
uses also include, but are NOT limited to:
Bulk emailing, unsolicited emailings, newsgroup
spamming, pornographic content, illegal content,
copyright infringement, trademark infringement,
warez, cracks, software serial numbers, and/or
anything else determined by Asia Web Solutions
to be unacceptable use of Asia Web Solutions's
services including abuse of server resources.
All hosting accounts may
be terminated that include the following content
or which have links to the following content:
" Providing material
that is grossly offensive to the Web community
including blatant expressions of bigotry,
racism or hatred.
" Promoting or providing instructional
information about illegal activities, or promoting
physical harm or injury against any group
or individual.
" Displaying material that exploits children
under 18 years of age.
" Acts of copyright infringement including
offering pirated computer programs or links
to such programs, information used to circumvent
manufacturer-installed copy-protect devices,
including serial or registration numbers for
software programs, or any type of cracker
utilities.
Bandwidth
Traffic
Each plan with Asia Web Solutions comes with
a pre determined bandwidth usage amount. In
the event that your account exceeds the bandwidth
limitations included with your account you
will be billed at $5.00 per 1GB/month If you
want to pre-pay for bandwidth overages, you
will need to pay $4.00 per 1GB/month.
You will receive a notice
when you reach 80% of your total bandwidth
usage.
You will have 7 days to
pay for your overages. If you do not pay for
your overages your site will be disabled within
7 days of your first notice.
Unsolicited
Email (Spam)
Unsolicited commercial advertisements (spam)
are not allowed in e-mail, and will likely
result in account cancellation.
Asia Web Solutions takes
a zero-tolerance approach to spam originating
from our servers or for spam advertising of
domains hosted on our servers.
The
following activities are not allowed:
" Unsolicited bulk or commercial messages
("spam"). This includes, but is
not limited to, bulk mailing of commercial
advertising, informational announcements,
charity requests, petitions for signatures,
and political or religious tracts. Such messages
may only be sent to those who have explicitly
requested it from your domain.
" Forging, altering or removing electronic
mail headers is prohibited. Any domain sending
stealth spam will be terminated without warning
and without refund.
" Sending numerous copies of the same
or substantially similar message with the
intent to disrupt a server or account ("mail
bombing").
" Spamming Newsgroups: Commercial advertisements
are unwelcome in most Usenet discussion groups
and on most e-mail mailing lists. Inappropriate
posting may result in account cancellation.
See the newsgroup or mailing list's charter
for whether advertising is allowed or not.
"Spamming," or sending a message
to many different off-topic newsgroups, is
particularly unethical and will be treated
as such.
" Mail may not be used to harass or intimidate
others. Harassment, whether through language,
frequency of messages, or size of messages,
is prohibited. Sending a single unwelcome
message may be considered harassment. If a
recipient asks to stop receiving e-mail, you
must not send that person any further messages.
" Providing spamware (software used to
send bulk email or software used to harvest
email addresses) or links to sites providing
spamware is strictly prohibited and subject
to demand for removal or account cancellation.
Note: If you use the services of another provider
(including but not limited to the use of address
lists obtained from a third party vendor or
provider) to promote a web site hosted by
or through Asia Web Solutions (spamvertising),
then the provisions of the above Policy shall
apply as if the spam were sent through our
servers.
Penalty: Depending on
the severity of your SPAMMING, Asia Web Solutions
reserves the right to charge you between $1.00
- $100.00 PER SPAM sent through our network.
Your web site content will also be confiscated
and it will be NEVER returned to you.
CGI
Scripts
(This section does not apply to managed dedicated
or colocation servers.) Each shared Unix web
hosting account comes with its own cgi-bin,
in which you are free to use any* CGI scripts
you wish. All CGI scripts (Perl scripts with
a .pl or .cgi extension) intended for use
on shared web hosting accounts are subject
to approval by our Administrators.
Server
Resource Abuse
(This section does not apply to managed dedicated
or colocation servers.) Shared server accounts
are limited in use of the amount of server
resources. Shared server resource abuse includes
any process or service usage that affects
normal shared server operation, resources
or connectivity, and which causes a server
to become overloaded. Shared server resources
include CPU and memory usage, number of concurrent
processes, number of concurrent port or database
connections and total bandwidth. Possible
causes of server resource abuse include, but
are not limited to, the use of: CGI, Perl,
Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION,
HTTP, SMTP, POP3 and FTP. If server resource
abuse is detected, possible actions include,
but are not limited to: disabling of the offending
script or scripts, disabling of the specific
service, disabling of the entire account or
account cancellation. If server overload is
a result of server resource abuse, these actions
will be taken without prior notice or warning.
Chat
Rooms
We do not allow clients to install their own
chat rooms within a shared hosting account,
without approving it with the Asia Web Solutions
Support Team. Most chat rooms tend to be large
system hogs and we cannot allow it as an account
option. However, we do provide a choice of
Java chat rooms for a small extra charge that
will more than fill your needs and run without
hindering the performance of the machine for
others. Note: Parachat chat rooms do not apply
to this rule. They are perfectly fine to install.
Abuse
of SMTP Mail Server
We do not allow clients to send more than
2000 pieces of e-mail per day from a shared
hosting account. If you do send more than
2000 pieces of e-mail per day, your account
will be placed on hold for Network Abuse.
If you are sending legitimate e-mails and
they total more than 2000 per day your account
will be moved to a special server that is
specifically designed to handle high volumes
of e-mail. You will be charged $50.00/month
in addition to your regular hosting charges
if your account is moved to this server. Please
contact noc@asiawebsolutions.net
to have your domain moved.
Background
Running Programs
We may allow programs to run continually in
the background. These are considered on a
one-to-one basis and an extra charge will
be incurred based on system resources used
and operational maintenance needed. (this
section does not apply to managed dedicated
servers)
IRC
We currently do not allow IRC IRC clients
or IRC bots to be operated on any of our servers.
In addition, IRC servers are not permitted
on our network. Anyone found to be in violation
of this policy risks immediate account termination.
Excessive
Use/Overages
You will not exceed the bandwidth, storage
and E-mail usage limits outlined by your particular
web hosting package. If you use any bandwidth
or storage space in excess of the agreed upon
number of megabytes per month or if you exceed
E-Mail storage and attachment size limitations,
Asia Web Solutions may, in its sole discretion,
assess you with additional charges. If Asia
Web Solutions elects to take any corrective
action, Asia Web Solutions will not refund
any unused pre-paid fees. Your use of your
account and access to it is your responsibility.
You are responsible for any unauthorized access
to your account resulting in bandwidth, storage
and/or E-mail usage exceeding the limits outlined
in your particular web hosting package specifications
and resultant charges. Bandwidth overages
are currently billed at $5/GB/month. Disk
space overages are currently billed at $.25/MB/month.
Email attachments overages are currently billed
at $.10 per email over 10MB.
Priority
Support
All high priority or priority 1 support or
billing requests are limited to server and
service outages ONLY.
There will be a $20.00 service charge for
ALL requests sent to billing or to support
that do not involve a server or service outage.
Payment
Policies
As consideration for the services purchased
by You and provided to You by Asia Web Solutions,
You agree to pay Asia Web Solutions a monthly
fee. Payment is to be made by you providing
a valid credit card during signup for charge
by Asia Web Solutions, and is non-refundable.
If for any reason Asia Web Solutions is unable
to charge your credit card with the full amount
of the service provided, or if Asia Web Solutions
is charged back for any fee it previously
charged to the credit card You provided, You
agree that Asia Web Solutions may pursue all
available remedies in order to obtain payment.
All accounts are set up
on a pre-pay basis. Setup fees may be charged
for all new accounts and major account changes
and are non-refundable. All pricing is guaranteed
for the term of pre-payment. Asia Web Solutions
reserves the right to change prices at any
time, unless other terms have been agreed
upon. Any account not brought current within
a week (7 days) of e-mail notice or exceeding
this time frame in any way is subject to suspension.
The customer is responsible for all money
owed on the account from the time it was established
to the time that the customer notifies Asia
Web Solutions to request for termination of
services. All payment is in U.S. currency.
Asia Web Solutions will bill each client $20.00
per returned check, per wire transfer received
and per credit card chargeback received. All
Asia Web Solutions accounts are setup on anniversary
billing cycles. Your particular billing cycle
corresponds to the contract length that was
initially chosen at setup. Your account will
automatically renew at this length. There
is no fee to change to a shorter billing cycle
at the end of the current cycle. However,
if you wish to change to a shorter billing
cycle, during a current cycle, there will
be a $20.00 fee. Please contact the billing
department at billing@Asiawebsolutions.net
should you wish to change your anniversary
billing cycle. Any account that is not brought
current prior to deactivation will be charged
a $20.00 reactivation fee as well as a $15.00
late charge, per domain deactivated. In addition,
if your credit card declines for any reason
Asia Web Solutions will charge your account
an additional $5.00 service charge every time
your card is declined. Asia Web Solutions
may impose a debt service charge equal to
one and one-half percent (1.5%) of the overdue
balance (or such lesser amount as may be required
by law) for each month or fraction thereof
the overdue amount remains unpaid. All taxes,
fees and governmental charges relating to
the Services provided hereunder (other than
income taxes of Asia Web Solutions) shall
be paid by Customer.
Cancellation
You agree that You will be responsible for
notifying Asia Web Solutions should you desire
to terminate Your use of Asia Web Solutions’s
Web Hosting services. Notification of Your
intent to terminate must be provided to Asia
Web Solutions no later than 10 days prior
to Your billing date . In the absence of notification
from You, Asia Web Solutions will automatically
continue Web Hosting services indefinitely
and will charge the credit card You have on
file with Asia Web Solutions, at Asia Web
Solutions's then current rates. It is Your
responsibility to keep your credit card information
current, including the expiration date. In
the event You terminate, moving your web site
off of the Asia Web Solutions hosting servers
is Your responsibility. Asia Web Solutions
will not transfer or FTP Your web site to
another provider.
Asia Web Solutions reserves
the right to cancel service at any time. All
fees paid in advance of cancellation will
be kept by Asia Web Solutions if Asia Web
Solutions institutes it's right of cancellation.
Any violation of policies which results in
extra costs will be billed to the customer
(i.e. transfer, space etc.)
All of Asia Web Solutions's
web hosting plans are backed by a 10 day money
back guarantee. If you are not completely
satisfied with our services or support within
the first 10 days of your contract, you will
be given a full refund of the contract amount
excluding setup fees, domain registration
fees, add-on/upgrade fees and overages. Setup
fees are refundable only if the account order
is canceled prior to account activation. For
web hosting contracts of 3 months or less,
the full contract amount less any setup fees
and overages will be refunded if Asia Web
Solutions is notified within the first 10
days following activation. No refund is available
after the 30th day. For web hosting contracts
longer than 3 months, a refund equal to one
half of the contract amount less any setup
fees and overages will be given if Asia Web
Solutions is notified prior to the first day
of the third month of the contract term. If
you cancel prior to the end of your contract
term and you received special pre-pay rates,
your hosting fees will be adjusted so that
you pay the regular, non-discounted monthly
fees. No refunds for any reason will be given
once the third month of the contract term
has begun. This policy does not apply to any
additional services such as overages, referrer
logs, real audio/video, additional disk space,
additional pop accounts, etc. Due to security
concerns, all account cancellations must be
done via our support desk at http://support.asiawebsolutions.net.
Phone or email requests will not constitute
acceptance of any cancellation. Refunds will
be made by company check or issued back to
your credit card within 30 days of receipt
of cancellation. To receive your refund, you
must terminate this Agreement in the manner
described in above and cease using the Services.
Asia Web Solutions must receive your termination
notice through our support desk at http://support.asiawebsolutions.net
within the 10-day period. Your must fill out
every field on the cancellation form including
why you are not satisfied with the Services.
Liability
and Obligations on Cancellation
If the Agreement expires or is cancelled for
any reason, Asia Web Solutions is not liable
to you because of the expiration or cancellation
for compensation, reimbursement or damages
on account of the loss of prospective profits,
anticipated sales, goodwill or on account
of expenditures, investments, leases or commitments
in connection with your business, or for any
other reason whatsoever flowing from the termination
or expiration. If you terminate this Agreement,
Asia Web Solutions will not relieve you of
any obligations to pay fees and costs accrued
before the termination date or any other amounts
you owe to Asia Web Solutions under this Agreement.
Material
and Product Requirements
You must ensure that all material and data
placed on Asia Web Solutions's equipment is
in a condition that is "server-ready,"
which is in a form requiring no additional
manipulation by Asia Web Solutions. Asia Web
Solutions will make no effort to validate
any of this information for content, correctness
or usability. If your material is not "server-ready",
Asia Web Solutions may reject this material.
Asia Web Solutions will notify you of its
refusal of the material and afford you the
opportunity to modify the material to satisfy
Asia Web Solutions's requirements. Use of
the Services requires a certain level of knowledge
in the use of Internet languages, protocols
and software. This level of knowledge varies
depending on the anticipated use and desired
content of your Web site. You must have the
necessary knowledge to create and maintain
a Web site. Asia Web Solutions does not provide
this knowledge or customer support outside
of the Services.
Intellectual
Property Rights
Material accessible to you through Asia Web
Solutions's services may be subject to protection
under the United States or other copyright
laws, or laws protecting trademarks, trade
secrets or proprietary information. Except
when expressly permitted by the owner of such
rights, you must not use Asia Web Solutions
or its servers and network in a manner that
would infringe, violate, dilute or misappropriate
any such rights, with respect to any material,
which you access or receive through the Asia
Web Solutions network. If you use a domain
name in connection with Asia Web Solutions
or similar service, you must not use that
domain name in violation of any trademark,
service mark, or similar rights of any third
party.
Network
Security
Customers may not use the Asia Web Solutions
network with an attempt to circumvent user
authentication or security of any host, network,
or account. This includes, but is not limited
to, accessing data not intended for the customer,
logging into a server or account the customer
is not expressly authorized to access, password
cracking, probing the security of other networks
in search of weakness, or violation of any
other organization's security policy. Customers
may not attempt to interfere or deny service
to any user, host, or network. This includes,
but is not limited to, flooding, mail bombing,
or other deliberate attempts to overload or
crash a host or network. Asia Web Solutions
will cooperate fully with investigations of
violations of systems or network security
at other sites, including cooperating with
law enforcement authorities in the investigation
of suspected criminal violations. Users who
violate system or network security may incur
criminal or civil liability. You are solely
responsible for any security breaches affecting
servers or accounts under your control. If
your server or website is responsible for
or involved in an attack on or unauthorized
access into another server or system, Asia
Web Solutions will shut it down immediately.
You will pay any charges resulting from the
cost to correct security breaches affecting
Asia Web Solutions or any of its other customers.
Electronic
Commerce
You will be solely responsible for the development,
operation and maintenance of your online store
and products and all contents and materials
appearing online or on your products, including
without limitation (a) the accuracy and appropriateness
of content and materials appearing within
the store or related to your products, (b)
ensuring that the content and materials appearing
within the store or related to your products
do not violate or infringe upon the rights
of any third party, and (c) ensuring that
the content and materials appearing within
the store or related to your products are
not libelous or otherwise illegal. You will
be solely responsible for the final calculation
and application of shipping and sales tax.
You will also be solely responsible for accepting,
processing, and filling any customer orders,
and for handling any customer inquiries or
complaints arising there from.
You are also responsible
for the security of any customer credit card
numbers and related customer information you
may access as a result of conducting electronic
commerce transactions through your Web Site.
You will keep all such information confidential
and will use the same degree of care and security
as you use with your confidential information.
Static
/ Dynamic Content Caching
You expressly (i) grant to Asia Web Solutions
a license to cache the entirety of your Web
Site, including content supplied by third
parties, hosted by Asia Web Solutions under
this Agreement and (ii) agree that such caching
is not an infringement of any of your intellectual
property rights or any third party's intellectual
property rights.
IP
Address Ownership
Asia Web Solutions shall maintain and control
ownership of all IP numbers and addresses
that may be assigned to you by Asia Web Solutions
and Asia Web Solutions reserves, in its sole
discretion, the right to change or remove
any and all such IP numbers and addresses.
Domain
Name Registration
Customer agrees to pay Asia Web Solutions
prior to the effectiveness of the desired
domain name registration, the then-current
amounts set forth in the Asia Web Solutions
price schedule for the initial registration
of the domain name and, should Customer choose
to renew the registration, subsequent renewals
of the registration. All fees are non-refundable,
in whole or in part, even if Customer's domain
name registration is suspended, cancelled
or transferred prior to the end of Customer's
then current registration term. Asia Web Solutions
reserves the right to change fees, surcharges,
renewal fees or to institute new fees at any
time, for any reason, at its sole discretion.
Customer's requested domain name will not
be registered unless and until we receive
actual payment of the registration fee, and
have confirmed Customer's registration in
an email from Asia Web Solutions to the email
address indicated in Customer's registration
application. In the event of a charge-back
by a credit card company (or similar action
by another payment provider allowed by Asia
Web Solutions) in connection with the payments
of the registration fee for Customer's domain
name registration, Customer agrees and acknowledges
that the domain name registration shall be
transferred to Asia Web Solutions as the paying
entity for that registration to the registry
and that we reserve all rights regarding such
domain name including, without limitation,
the right to make the domain name available
to other parties for purchase. Asia Web Solutions
will reinstate Customer's domain name registration
solely at Asia Web Solutions's discretion,
and subject to our receipt of the initial
registration or renewal fee and our then-current
reinstatement fee.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of
Copyright Infringement
Pursuant to Title 17,
United States Code, Section 512(c)(2), all
notifications of claimed copyright infringement
on the Asia Web Solutions system or Web site
should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION
IS PROVIDED SOLELY FOR NOTIFYING Asia Web
Solutions THAT YOUR COPYRIGHTED MATERIAL MAY
HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER
FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY
BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE
INCLUDE MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT
OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE
THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO
BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES
UNRELATED TO COPYRIGHT INFRINGEMENT (e.g.
REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER
SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO
THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE
A RESPONSE IF SENT TO THAT CONTACT.
Written notification must
be submitted to the following Designated Agent:
Asia Web Solutions
Legal Department
Jl. Legian 494 / I
Kuta, Bali 80361
Phone: 62-817-564402
Fax: 62-361-750918
copyright@asiawebsolutions.net
Under Title 17, United States Code, Section
512(c)(3)(A), the Notification of Claimed
Infringement must include the following:
Physical or electronic
signature of a person authorized to act on
behalf of the copyright owner.
Identification of the copyrighted work claimed
to have been infringed or a representative
list if multiple works are involved.
Identification of the material that is claimed
to be infringing that should be removed or
access to disabled and information reasonably
sufficient to enable the online service provider
to locate the material (usually a URL to the
relevant page).
Information reasonably sufficient to allow
the online service provider to contact the
complaining party (address, phone number,
e-mail address).
Statement that the complaining party 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."
Statement that the information in the notice
is accurate, and under penalty of perjury,
that the complaining party is authorized to
act on behalf of the copyright owner.
Lawful Purpose
ASIA WEB SOLUTIONS reserves the right to refuse
service to anyone. Customers may only use
ASIA WEB SOLUTIONS server for lawful purpose.
Transmission of any material in violation
of any Federal, State or Local regulation
is prohibited. This includes, but is not limited
to copyrighted material, material legally
judged to be threatening or obscene, and material
protected by trade secrets. The designation
of any materials as such described above is
left entirely to the discretion of Asia Web
Solutions management. Regardless of the place
of signing this agreement, the client agrees
that for purposes of venue and jurisdiction
this contract was entered into and performed
in Bali,INDONESIA, and any dispute will be
litigated or arbitrated in Bali,INDONESIA.
Customer further waives all objections to
venue or jurisdiction and acknowledges that
venue and jurisdiction in any such litigation
will be held in Bali,INDONESIA Courts. IN
NO EVENT SHALL ASIA WEB SOLUTIONS'S MAXIMUM
LIABILITY EXCEED ONE ($1.00) DOLLAR.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD ASIA WEB SOLUTIONS HARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST ASIA WEB SOLUTIONS,
ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES,
THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED
OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS,
EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS ASIA WEB SOLUTIONS
AGAINST LIABILITIES ARISING OUT OF; (1) ANY
INJURY TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH ASIA WEB SOLUTIONS'S SERVER;
(2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING
OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT
AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER
FROM ASIA WEB SOLUTIONS'S SERVER.
Disclaimer
ASIA WEB SOLUTIONS WILL NOT BE RESPONSIBLE
FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
ASIA WEB SOLUTIONS MAKES NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. ASIA WEB SOLUTIONS DISCLAIMS 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 ASIA WEB SOLUTIONS AND ITS EMPLOYEES.
ASIA WEB SOLUTIONS RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS
AND DEDICATED SERVERS OF ASIA WEB SOLUTIONS
MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY
TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION.
Copyright © 2001-2003 ASIA WEB SOLUTIONS
All Rights Reserved.