Eznow - VPS Service Agreement
1. DESCRIPTION OF SERVICES
The Service is defined as physical space within the Service Provider's Network Operations
Center to house a Service Provider owned and supplied computer system and other
equipments as may be required and identified within this Agreement (“Customer's
Server”), limited physical access to the Customer's Server and a connection of the
Customer's Server to the Internet using the Service Provider's public network connections.
The eznow.com VPS Service Provider ("the Service Provider") shall have the right
to change, modify, add or remove all or part of the Terms of Use at any time. Customer
will receive notice of such changes and/or modifications pursuant to Section 15
hereof regarding notices.
2. EFFECTIVENESS, TERM AND RENEWAL
This Customer Agreement shall remain in effect until the Service provided is terminated,
changed or canceled as allowed by the terms and conditions as contained herein.
The Customer will be notified prior to the expiration of the Service. In case the
Service is not renewed it will be terminated. The Customer agrees and understands
that the Service Provider keeps the VPS one week after the service is terminated.
After this period the Service Provider has the right to remove and delete Customer's
data on the VPS.
3. CUSTOMER'S SERVER AND USE RESPONSIBILITIES
a The Customer's Server may provide Services
to a Customer and/or his/her customers, or the general public, for any legal purpose
whatsoever, provided that:
(1) The Customer's Server may deliver only those network services specifically disclosed
and agreed to herein,
(2) The Customer's server shall not be used as a spam mail relay and the Customer
shall ensure that such service is shut down,
(3) to provide for credit card payment and delivery of goods or services as specified
at the Site.
(4) The Customer shall not utilize the Customer’s Server for the delivery of unsolicited
e-mail (spamming) or the spreading of viruses.
b The Customer is expressly prohibited from,
and shall not use the Server or the Service Provider's network to, violate the security
of any computer or network, crack passwords or security encryption codes, or transfer
or serve any illegal materials.
c The Service provided by the Service Provider
under this Agreement extends to the Customer only, and does not extend to any other
person, corporation or entity, regardless of their relationship with Customer and
under no circumstances will the Service Provider be obliged to support third party.
d The Customer may resell space on the Customer's
Server as well as its bandwidth to third party, provided that the Customer does
not:
(1) allow third party to access administration or root accounts,
(2) use the Service to provide dial-in or general Internet TCP/IP Access,
(3) provide or divulge login names or passwords provided to Customer by the Service
Provider to third party and
(4) allow any such use which is in violation of this Agreement.
e The Customer and all other third party accessing
or using the Customer's Server shall abide by all of the rules, regulations and
policies of the Service Provider, as well as other networks and computer systems
accessed via the Customer's Server, whether operated by the Service Provider, its
suppliers or others. If the Customer is unsure of those policies, it is the Customer's
responsibility to ascertain said policies.
f The Customer agrees to indemnify and hold
the Service Provider harmless from any claims resulting from the Customer's use
of the Service that damages either the Customer or another party or parties.
g Customer’s Server should not host sites
that provide any contents, points of distribution, or 'links' to sites that:
(1) Infringe on any third party’s intellectual property or proprietary rights, or
rights of publicity or privacy;
(2) Violate any law, statute, ordinance or regulation;
(3) are defamatory, trade libelous, threatening, unlawfully harassing, abusive,
pornographic or obscene;
(4) Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar softwares/programs that may damage the operation of a third
party’s computer or property;
(5) Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any
software that is copyrighted and not freely available for distribution without cost,
ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction.
This includes also Torent sites or links to Torent sites;
(6) Sites related or directly providing escort services;
(7) Display/distribute adult content as well as any erotic or pornographic materials,
links to adult sites, or advertisements for adult sites;
4. CUSTOMER RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS
AND DATA
a The Customer is totally responsible for
the ongoing stability and the operation of the Customer's application and server.
Any assistance by the Service Provider’s staff may result in additional fees.
b Under no circumstances shall the Service
Provider assume responsibility for the loss of information on the Customer's Server.
The Customer is responsible for all secure backups of all data on the Customer's
Server, and is responsible for rebuilding their environment in the event of loss
of this information caused by failure of the server, or by any act, by any party,
whether accidental or intentional. The Customer has the option of hiring the Service
Provider for restoration of Service at an additional fee. The Customer is responsible
for providing the Service Provider with a reliable 24-hour contact in order to be
notified in the event of a failure or downtime for maintenance.
c The Customer shall provide the Service Provider
with a list, and replacement value, detailing any and all additional equipment and
software that is installed, or to be installed, on the Customer's Server in the
Service Provider's Network Operations Center.
d The Customer shall fully insure additional
software and hardware installed on Customer's Server against all risk of loss, including
without limitation, theft, fire, water and earthquake damage. The Customer is advised
to purchase business interruption insurance to protect against lost revenue from
Customer's Server in case of prolonged disruption of services or catastrophes.
5.PAYMENT AND CHARGES
a The Customer is responsible for any and
all fixed and accumulative charges for their account as, defined in the current
the Service Provider price list.
b The account setup fee and the first month
(30 days) service are charged immediately upon the execution of this Agreement.
Once the Customer's Server is installed and operational, the thirty (30) day period
begins. Thereafter, hosting fees are billed on a monthly basis. The first such invoice
may include appropriate charges or credits to prorate the service period to the
end of the month. Incidental support or additional fees will be charged as the service
is performed.
c Invoices for the Service are invoiced and
payable in advance for the term of the Services. Services are subject to suspension
for any account thirty (30) or more days past due and become subject to a re-activation
fee.
d The Service Provider agrees to notify the
Customer at least thirty (30) days in advance of any price increase which affects
any services provided to the Customer under this Agreement.
6.SERVICE GUARANTEES
Service Provider does not guarantee the network uptime and server stability which
may be caused by problems including but not limited to:
(1) Server hardware breakdown;
(2) User error(s) or purposeful interruption(s) of the Service (e.g. if the Customer
shuts his/her own server down, Service Provider is not responsible for the downtime);
(3) Failure due to software that is not explicitly supported by the Service Provider.
If a hardware crash provoked by the Customer consequently happens, the Service Provider
is beyond the control and responsibility for the resulting downtime.
7 LIMITATION OF LIABILITY
a The Service Provider exercises no control
whatsoever over the content of the information passing through its network. The
Service Provider makes no warranties of any kinds, whether expressed or implied,
for the Service it is providing. The Service Provider also disclaims any warranty
of merchantability or fitness for a particular purpose. The Service Provider will
not be responsible for any damage you might suffer. This includes the loss of data
resulting from delays, non-deliveries, miss-deliveries, or service interruptions
caused by its own negligence, omission or your errors or omissions. Use of any information
obtained via the Service Provider's network is at your own risk. The Service Provider
specifically denies any responsibility for the accuracy or quality of information
obtained through its services.
b The Service Provider's liability hereunder
for any losses or damages suffered by Customer or his/her customers with respect
to the products and services or any other items under this Customer Agreement, whether
direct or indirect, from any causes whatsoever, shall be limited to the amount paid
by the Customer to the Service Provider for products and services ordered hereunder
for a single billing period only. The Service Provider shall not be liable for any
lost profits or for any claim or demand against the Customer by any other party
based on any expressed, implied or claimed warranties by the Service Provider not
specifically set forth in this Agreement. IN NO EVENT SHALL THE SERVICE PROVIDER
BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
c Customer shall indemnify, defend and hold
harmless the Service Provider, its directors, employees and agents from any actions
brought against them by any third-party in connection with this Agreement or any
other Agreement between Customer and a third-party from any claims resulting from
the use of the service by you or any of your customers or others throughout your
chain of distribution, including end-users. Customer shall pay all damages and reasonable
attorney fees arising as a result of Customer's use or misuse of any rights granted
herein.
8 COMPLIANCE WITH LAWS
a Customer shall at any time comply with all
local and international applicable laws and regulations governing, restricting or
otherwise pertaining to the use, distribution, exporting or import of data, products,
services and/or technical data.
b The Service Provider's network may only
be used for lawful purposes. Transmission of any materials in violation of any local
or international applicable laws or regulations is prohibited. This includes, but
is not limited to, copyrighted materials, materials legally judged to be threatening
or obscene, or material protected by trade secret.
9 TERMINATION
a The Service Provider shall have the right
to immediately suspend or terminate this Agreement during any investigation of Acceptable
Use Policy or Agreement violations, misrepresentation of the services offered by
Customer's Server, inappropriate use, use of excessive system or network resources
which adversely affects the performance, security or reliability of the Service
Provider network, or nonpayment of service fees. In the event that the Service Provider
suspends or cancels service, the Service Provider will make a reasonable effort
to notify the emergency contact supplied by the Customer, prior to the actual event.
b The Service Provider shall have the right
to suspend or terminate this Agreement for any reasons, by providing the Customer
with written notice.
c The Customer can only cancel Services with
a written notice sent to the address of the Service Provider in this Agreement.
The Customer agrees that the Service Provider has the right to delete all data,
file or other information that is stored on the Customer's servers, on behalf of
the Customer, if either the Customer or the Service Provider cancels this account,
for any reasons.
10 JURISDICTION
If there is any dispute about or involving the Service provided by the Service Provider,
by using the Service, you agree that the dispute will be governed by the laws of
the Hong Kong SAR without regard to its conflict of law provisions. You agree to
personal jurisdiction by an arbitrator or a mediator and the courts of Hong Kong
SAR.
11.SEVERABILITY
If any term or provision of this Agreement is determined to be illegal, unenforceable
or invalid in whole or in part for any reasons, such illegal, unenforceable or invalid
provision(s) or part thereof shall be stricken from this Agreement, and such provision(s)
shall not affect the legality, enforceability or validity of the remainder of this
Agreement. If any provision or part thereof is stricken in accordance with the provisions
of this section, then this stricken provision shall be replaced, to the extent possible,
with a legal, an enforceable and a valid provision that is as similar in tenor to
the stricken provision as is legally possible.
12.ENTIRE AGREEMENT
This Agreement represents the entire agreement between you and the Service Provider
with respect to your use of the Service, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you and
the Service Provider with respect to your use of the Service.
13.MODIFICATION
IThis Agreement shall constitute the entire Agreement between Customer and the Service
Provider pertaining to Customer's server. This Agreement shall not be modified or
altered except by a written instrument duly executed by Customer and by an authorized
officer of the Service Provider.
14. MONEY BACK GUARANTEE.
The Service Provider offers you money-back guarantee (“Money-Back Guarantee”). If
you are dissatisfied with the Service for any reason, you will receive a full refund
if you cancel your account within 3 days of the date you opened the account for
the Service. Use of the Service even for one day in any month by you will be treated
as use of the Service for the whole of the particular month in the calculation of
the pro-rated amount of partial refund. The Money-Back Guarantee stated hereunder
does not apply to other services provided by the Service Provider unless expressly
agreed. This Money-back guarantee does not apply to product upgrade and product
renewal. You acknowledge and agree that the Service Provider will not be under any
obligation whatsoever to entertain any request for refund made after the expiry
of one year from the date you opened the account for the Service. However, if the
VPS IP is banned by the IDC center, service provider will not provide any form od refund.
15. Notices
15.1 Any notices or communications under the Agreement shall be by electronic mail
or in writing and shall be deemed delivered upon receipt to the party to whom such
communication is directed, at the addresses specified below. If to the Service Provider,
such notices shall be addressed to [email protected] or Unit 3110, Level 31, Tower
one, Kowloon Commerce Centre, No. 51 Kwai Cheong Road, Kwai Chung, NT. Hong Kong
If to Customerr, such notices shall be addressed to the electronic or postal address
specified when Customer opens an account with the eznow.com VPS, or such other address
as either party may give the other by notice as provided above.