Terms & Conditions |
As used in this Terms & Conditions, W3HUB means W3HUB PTE LTD, of 2
Balestier Road #04-655, Balestier Hill Shopping Centre, Singapore 320002, a Singapore registered company.
Server Abuse
Unsolicited Email (Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. Such as:
Payment
Policies Failure to Pay The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Service interrupted for nonpayment is subject to a SGD$150 reactivation charge. Account Cancellation All requests for canceling accounts should be made 48-72 hours before expiry date of account. Upon submitting the cancellation request account access will be disabled. If for any reason after submitting cancellation access is enabled a SGD$50.00 fee will be applied. No refunds will be given for early cancellation of service. Account cancellations should be process via e-mail to: sales@w3hub.com Disk And Bandwidth Overages All W3HUB accounts come with specified disk space and bandwidth. If you wish to Upgrade your Web Space or bandwidth it is possible through our Add-Ons. Contact our sales department for more information. sales@w3hub.com Intellectual Property Rights Material accessible to you through W3HUB'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 W3HUB 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 W3HUB network. If you use a domain name in connection with W3HUB 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 W3HUB 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. W3HUB 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. Backups W3HUB performs periodic backups of critical system files for emergency purposes. Subscribers should not rely on W3HUB to perform site/data backups for them. Subscribers are responsible for backing up their own data. MySQL data dumps can be easily performed by the Subscriber via the included phpMyAdmin utility. Subscribers are advised to backup all of their own files to their local drives. W3HUB shall not be liable for any loss of data. Lawful Purpose Customers may only use W3HUB 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 W3HUB management. Limitation of Liability W3HUB AND ITS PARTNERS, AFFILIATES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF W3HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: - SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN REGISTRATION; - USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION; - INTERRUPTION OF YOUR BUSINESS, WEB SITE, EMAIL, OR OTHER SERVICES; - ACCESS DELAYS OR INTERRUPTIONS TO THIS WEB SITE OR ANY WEB SITES ACCESSED BY YOUR REGISTERED DOMAIN NAMES; - NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA; - USE OR MISUSE OF YOUR USER NAME OR PASSWORD; - FAILURE TO ACQUIRE OR RE-ACQUIRE A DOMAIN NAME; - ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; - EVENTS BEYOND THE REASONABLE CONTROL OF W3HUB, INCLUDING WITHOUT LIMITATION FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or - APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. Customer agrees that no W3HUB Personal, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to W3HUB at the time) which may exist in the Services or W3HUB's equipment used to provide the Services. Under no circumstances, including negligence, shall any W3HUB Personal 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 W3HUB has been advised of the possibility of such damages. No W3HUB Personal 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 W3HUB's records, programs, equipment or services. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Notwithstanding anything to the contrary in this Agreement, W3HUB's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) 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 12-month period prior to the date the damage or loss occurred or the cause of action arose. Customer understands, acknowledges and agrees that if W3HUB takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that W3HUB shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by W3HUB. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement. Note: W3HUB has the authority to discontinue or suspend your account whenever necessary according to its internal or external policies. |