Terms and Conditions
This policy represents the AsiatechWebHost Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all AsiatechWebHost customers agree to when they sign-up for any of the AsiatechWebHost website hosting services. AsiatechWebHost reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by AsiatechWebHost agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with AsiatechWebHost. AsiatechWebHost retains the sole discretion to make judgment regarding any violation by any AsiatechWebHost customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for AsiatechWebHost maintaining one or more accounts (each "Account"), you, as the AsiatechWebHost customer, agree to the following terms of service.
- "We" "Us" or "Provider" or "AsiatechWebHost" - AsiatechWebHost.com
- "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
AsiatechWebHost however, offers a 99.9% uptime guarantee. This is valid for only the AsiatechWebHost servers. AsiatechWebHost shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, AsiatechWebHost is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of AsiatechWebHost capability to directly correct. AsiatechWebHost clients are diverse and their websites and the function of those websites are diverse and AsiatechWebHost cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
AsiatechWebHost MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither AsiatechWebHost nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of AsiatechWebHost, even if AsiatechWebHost has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL AsiatechWebHost BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE AsiatechWebHost. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF AsiatechWebHost. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF AsiatechWebHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AsiatechWebHost. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO AsiatechWebHost FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AsiatechWebHost. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold AsiatechWebHost and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto AsiatechWebHost. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to AsiatechWebHost. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by AsiatechWebHost. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of Taiwan, R.O.C. without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of Taiwan. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By AsiatechWebHost
AsiatechWebHost will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows AsiatechWebHost members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. AsiatechWebHost members will use the provided services in a manner consistent with any and all applicable laws. AsiatechWebHost provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. AsiatechWebHost reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, AsiatechWebHost can terminate client's account without notification.
AsiatechWebHost.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with AsiatechWebHost.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of AsiatechWebHost.com and any employee or contractor of AsiatechWebHost.com. Support inquiries should be directed to email@example.com.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of AsiatechWebHost or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to AsiatechWebHost or any third party. Customers may not run IRC, bots or clients. Clients may not use AsiatechWebHost servers for file storage unrelated to the client's website, storage Space is for active website file pages only. AsiatechWebHost' shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at AsiatechWebHost. You will need to opt-in for our reseller hosting service. Unacceptable uses alsoinclude: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. AsiatechWebHost will be the sole and final arbiter as to what constitutes a violation of this policy. AsiatechWebHost does not normally monitor the contents of clients servers, however if suspicion occurs, AsiatechWebHost reserves the right to investigate and terminate the clients subscription to the service.
UCE/UBE or "Spam" originating from a server located on our network or associated with a AsiatechWebHost server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the AsiatechWebHost network but is sent from an e-mail address not associated with that AsiatechWebHost account. Client shall not use their AsiatechWebHost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. AsiatechWebHost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
AsiatechWebHost allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or AsiatechWebHost.com reserves the right to terminate that clients' account and provide them with a prorated refund.
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact AsiatechWebHost concerning unethical, false or unlawful activities by you, AsiatechWebHost reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
AsiatechWebHost provides its shared hosting customers with the tools needed to create back ups of account data. AsiatechWebHost also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. AsiatechWebHost does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
AsiatechWebHost provides VPS customers 4 weekly backups that are maintained for 1 month each. Beyond these backups it is the responsibility of the customer to keep up-to-date archives of their backed up data. AsiatechWebHost does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance before hosting service is established. AsiatechWebHost sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
It is the obligation of the AsiatechWebHost customer to know when their account comes up for renewal and if their intention is to non renew their account they must contact firstname.lastname@example.org 5 business days prior to their account's renewal date to ensure that AsiatechWebHost billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. AsiatechWebHost clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer's responsibility to ensure that AsiatechWebHost has a valid email address for which we can send out renewal notices to our clients. If AsiatechWebHost does not receive a cancellation request prior to the customer's renewal we will renew the clients' account 24 hours prior to the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients' service with AsiatechWebHost and does not apply to renewals of service.
Currencies for all services are clearly indicated in the AsiatechWebHost invoic.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 30 days of your account activation, AsiatechWebHost will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire term of the plan in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are as detailed on our website.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP's, SSL certifiates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
website files are the responsibility of the AsiatechWebHost customer and should a AsiatechWebHost customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the AsiatechWebHost server prior to requesting that AsiatechWebHost cancels their account. Once the cancellation request has been submitted to AsiatechWebHost a cancelattion of the website hosting service may occur anytime after the request is received by AsiatechWebHost and when a cancellation request is completed the client's hosting account with AsiatechWebHost and their website files are permenantly removed from the AsiatechWebHost servers. Therefore again it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement "SLA"
AsiatechWebHost offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. AsiatechWebHost will try to maintain maximum uptime. AsiatechWebHost is not responsible for any downtime caused by the client.
30 Day Money Back Guarantee
AsiatechWebHost offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable.