Terms and Conditions

General Terms and Conditions

This document is to clarify the rights and responsibilities as a customer/user of all IP ServerOne's Services. This policy applies to all users of IP ServerOne networks and services including without limitation customers and their employees, agents, contractors and/or other end-users ("Users"). All Users are required to comply with this AUP and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to any services offered by IP ServerOne from time to time.

Definitions

  • "Business Day" means any day other than Saturdays, Sundays or public holidays gazette for Kuala Lumpur.
  • "Content" means, The Customer or End User's, files, pages, data, works, information or materials, on, within, displayed, linked or transmitted, including but not limited to any trademarks, service marks, images, photographs, illustrations, graphics, audio clips, video clips, email, messages, meta tags, domain names, software or text, in any content or resources, which is, located on or used, from or through, the server space on IP SERVERONE's system allocated to The Customer.
  • "End User" means any third party that uses The Customer Content.
  • "Events of Force Majeure" means any event or circumstance - which (i) is beyond a Party's reasonable control, (ii) could not be addressed by a reasonable person before entering this Terms of Services, (iii) having arisen, could not reasonably be overcome; and (iv) materially disrupts the performance of this Terms of Services and subject to the foregoing being satisfied, a Force Majeure Event includes, inclement weather beyond the norm, natural disaster, damage to facilities, supplier's, default or failure, or the conduct of third parties, acts of God, war, riot, malicious acts of damage, civil commotion, strike or lockout or industrial dispute (other than those by the employees, representatives or agents of the Party claiming the Force Majeure Event), commercial power failure, fire, or by compliance with any orders of any authorities or anybody or persons acting for such authorities.
  • "Mean Time to Respond" means the duration indicated as Mean Time to Respond in Table 2 associated with the problem reported by the Customer.
  • "Mean Time to Repair" means the duration indicated as Mean Time to Repair in Table 2 associated with the problem reported by Customer.
  • "Payment Arrival" means customer has made the payment and notified IP SERVERONE with proof of payment and IP SERVERONE acknowledged the payment with Official Receipt.
  • Description of Service

    IP SERVERONE shall provide Customer the "Services", which, IP SERVERONE may, in part or whole, change, deprecate or discontinue, at its sole discretion, including but not limited to any application programming interface, in consideration of the Customer paying IP SERVERONE the " Fees" as, amended from time to time.

    Any third party services included under Services shall be subject to additional, terms and conditions, under the Terms of Services between Customer and the service provider which is independent of this Terms of Services. All other, rights, title or interests, in Services vest with IP SERVERONE and IP SERVERONE grants The Customer a, limited, revocable, non-exclusive, non-delegable, non-sub-licensable and non-transferable, right to only, use the Service and any associated material, until the earlier, expiry or termination, of this Terms of Services. In the event The Customer make any suggestions to IP SERVERONE, then The Customer agree that all, rights, title and interests, to the suggestions, even if marked as, proprietary or confidential, is irrevocably assigned by The Customer to IP SERVERONE, at no cost and free of charge. The Customer will not and The Customer shall ensure that End User will not, use Services other than as allowed by this Terms of Services.

    *Verification; All order are subject to additional verification but not limited to; Telephone voice conformation, additional business email addresses, website, and additional payment methods such as bank or paypal account. IP ServerOne reserves the Right to decline any order what so ever and payment will be refunded in a timely manner.
  • General

    2.1 Payment Term

    • 2.1.1

      Customer is STRICTLY not allowed to perform any form of amendment or modification towards invoice issued by IP SERVERONE.

    • 2.1.2

      Customer must notify IP ServerOne of any disputed charges within seven (7) days from the date of the invoice, otherwise, Customer will be deemed to agree to such charges and IP ServerOne will not be subject to making adjustments to charges or invoices.

    • 2.1.3

      Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. The Customer will automatically be charged again at the end of their service prepay period unless The Customer has followed the Termination procedure.

    • 2.1.4

      Customer shall pay the Fees according to the payment, without any, set-off, counterclaim, deductions or withholding; The Customer will be responsible for the payment of all taxes, duties (including stamp duty), fees and other charges made by any government authority in relation to this Terms of Services (other than taxes payable on the overall income of IP ServerOne Solutions Sdn Bhd).

    • 2.1.5

      All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies IP ServerOne in accordance with the cancellation procedures below of the termination of services.

    • 2.1.6
      IP ServerOne is not responsible for Cheque collection; Customer shall be paying the invoice via IP ServerOne Customer Portal, MayBank2u.com, PayPal, Standard Charted Online Bill Payment Portal, bank in or wire transferred to IP ServerOne.

       

    • 2.1.7

      The Customer must bear full responsibility to this Payment Term as Below:

      • All monthly charged bills are required to settle within 7 days from the invoice date.
      • All quarterly, half-yearly, or yearly charged bills are required to settle within 21 days from the invoice date.
    • 2.1.8

      Customer that have any unsettled invoices after their given due date will be suspended. If a further invoice falls due during the suspension of the Client's account then this will be added to outstanding balance owed by the Client. Customer are still liable to all unsettled outstanding.

    • 2.1.9

      IP ServerOne may change the pricing for any existing by giving Customer at least 21-day advance notice.
      Price change for existing service or new service will be effective when IP ServerOne post an update on the IP ServerOne website or in a notice of e-mails or faxes to the customer;

    2.2 Refund

    • 2.2.1

      IP ServerOne offers a 30 days money back guarantee for the following products only:

      • 3GB Linux Hosting Plan
      • 100GB Linux Hosting Plan
      • 200GB Linux Hosting Plan
      • SME Hosting Plan
      • Clustered Hosting Plan

      Customer that subscribed the above product entitled to ask for full refund within the first 30 days from the order processed.
      No refund for customer that renewing the existing service.

    2.3 Termination

    • 2.3.1
      For Customer that subscribing to
      • 3GB Linux or Windows shared Hosting
      • 100GB Linux or Windows shared Hosting
      • 200GB Shared or Windows Hosting
      • Linux or Windows SME hosting

      You shall receive a renewal reminder at 30 days before the service expired; If Customer would like to renew the service, Customer required to pay IP ServerOne the fee described at the reminder, Or Customer can perform a self-renewal at IP ServerOne Customer Portal https://portal.ipserverone.com

    • 2.3.2
      For Customer that subscribing to
      • Green Server
      • Dedicated Server
      • Co-Location
      • Smart Dedicated Server
      • Cloud Hosting

      All services will be automatically renewed (except for share hosting services) on their contract renewal date.
      Customers who want to terminate the service are responsible to request for termination and provide IP ServerOne in advance thirty (30) days written notice through billing@ipserverone.com.

    • 2.3.3
      Upon termination of this Term of Service:
      • All The Customer's right will terminate.
      • The customer remains responsible for all outstanding Fees.
      • The Customer will return to IP SERVERONE all its materials without retention of copies.
      • IP Serverone reserves the right to refer any debts owed by The Customer to IP SERVERONE under this Terms of Services to a third party collection agency to collect the payment of such debts from The Customer and The Customer agree that all expenses arising shall be borne by Customer.
      • The Customer's use of the Services is terminated, The Customer shall be responsible for, copying and the secure deletion, of Content stored on the IP ServerOne servers. IP ServerOne will not transfer content to another party.
      • IP ServerOne will without notice remove Customer's data from its systems and any equipment after seven(7) day prior period after service force termination.
      • Customer's services include the purchasing of licensing for software by IP ServerOne on behalf of the client, IP Serverone are unable to refund any proportion of the software and/ or licensing fees incurred.

    2.4 Use of Customer's Content

    • 2.4.1

      Customer grants and shall procure from End Users to grant, IP SERVERONE;

      • a worldwide, royalty free, license to copy, modify, display, use or transmit, Content in connection with IP ServerOne's, performance or enforcement, of this Terms of Services; and its consent to IP ServerOne's, collection and processing, of The Customer's or End User's, personal data in accordance with IP ServerOne's Privacy Policy.

    2.5 Customer's or its End User's Content

    • 2.4.1

      The Customer shall be solely responsible for:

      • providing, developing, uploading, downloading, updating, operating, maintaining, backing up or archiving, Content;
      • ensuring that Content is compatible for use with Services; all Content; domain names provided by The Customer or domain names registered on behalf of The Customer, in connection with the Services.
  • Availability of Services

    1. Registration and administration of domain names
    2. Webhosting, which is understood as shared hosting of websites, email addresses and other services for their own domain.
    3. Server hosting
    4. Dedicated Server, which is understood as leasing reserved hardware and securing its operation - internet connection, power supply and cooling.
    5. Green Server, which is understood as leasing of a shared data space in which a server operating system is running.
    6. Co - Location, which is understood as leasing of a physical location for a server and securing of server operation - internet connection, power supply and cooling.
    7. Cloud Hosting, which is understood as virtualized third-party hosting.
    8. R+ Reseller Program, which is understood as a special sign up reseller plan for existing IP ServerOne Reseller.
    9. Smart Hands Services: Services that are defined as extra service that required by customer.* The list of services can be changed based on IP ServerOne current offer.
    10. Customer agree that IP ServerOne has no control over the availability of the Services on an uninterrupted basis. Notwithstanding the foregoing, IP ServerOne shall use commercially reasonable efforts to provide the Services. When, however, unforeseen circumstances beyond the control of IP SERVERONE which affects the Services occur including but not limited to any:
      1. equipment malfunction;
      2. routine tests, maintenance, upgrade or repairs, which IP ServerOne may undertake from time to time;
      3. periods The Customer or End User, upgrade, downgrade or maintain, Content which prevents the use of Services;
      4. acts or omissions, by The Customer or any of The Customer's employees or The Customer's agents or End Users, resulting in Downtime;
      5. Domain name system ("DNS") problems outside of IP SERVERONE's control, issues with customer's internet access including but not limited to any problems with The Customer's internet service provider, interruption by or failure of, telecommunication or digital transmission links, hostile network attacks, network congestion, faulty web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access IP SERVERONE's servers;
      6. any negligence, willful misconduct, or use of the Services in breach of Terms of Services; or
      7. Events of Force Majeure,

    Collectively ("Service Unavailability"), The Customer agrees that IP SERVERONE would not be required to provide the Services.

    3.1 Domain Services

    • 3.1.1

      Domain Policies

      All domain names purchased through IP ServerOne are subject to the following Terms of Services and regulations; based on the ICANN Uniform Domain-Name Dispute-Resolution Policy found at http://www.icann.org/en/udrp/udrp.htm

       

      • gTLD Contract (.com, .net)
      • gTLD Contract (.org)
      • .info Contract (.info)
      • .biz Contract (.biz)

      All .MY domain extension shall comply with the policies published at https://www.mynic.my

    • 3.1.2

      According to a properly completed and sent order of a domain and payment, IP ServerOne shall ensure the Customer to register the selected domain name. Through IP ServerOne, the Customer shall pay fees for the operation of the domain name. And to appoint IP ServerOne as the invoicing party of the domain name, not its owner or payer.

    • 3.1.3

      The Customer acknowledge, agrees and understands that the ability to register ordered domains depends on the timely carrying out of agreed payments and the delivery of other documents to the Provider and subsequently by IP ServerOne to the domain registrar, and the Customer agrees that IP ServerOne does not bear any liability towards the Customer in the event that the selected domain name is already registered by another applicant for the purpose of quicker fulfilment of all necessary conditions for performance of registration (particularly sending of necessary permission or timely receipt of a proper payment from the Customer to IP ServerOne account).

    • 3.1.4

      Requests for registration of domain names are handled chronologically in the order in which all requirements for proper registration of the domain name are fulfilled (particularly when the Customer delivers documents and confirms approvals and IP ServerOne receives payment).

    • 3.1.5

      The Customer acknowledge, agrees and understands that for certain domain endings such as .my Domain Registrations, IP ServerOne may request Customer to fax a copy of Form D/24 or 49 to IP ServerOne. Without which the registration cannot be carried out with the registrar.

    • 3.1.6

      The Customer is also notified that for certain domains, necessary steps need to be carried out for proper registration such as obtaining a notarized statement of Terms of Services with the registration rules or sending the Provider a photocopy of personal documents, etc.

    • 3.1.7

      The Customer also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever is used for any unlawful purpose.

    • 3.1.8

      The Customer must acknowledge, agree and understand the terms and conditions according of the general rules issued by the domain registry.

    • 3.1.9

      IP ServerOne does not offer refund(s) for domain name registration(s) for any reason, including misspelling of the domain.

    • 3.1.10

      When the Domain Registration process cannot be completed successfully, IP ServerOne will refund the amount paid for the Domain Registration. Or the fee paid can be used for off-setting next coming IP ServerOne Invoice.

    3.2 Domain Renewal

    • 3.2.1

      IP ServerOne shall renew Customer's domain name in the event that the Customer as the owner of domain name requests us to renew upon payment arrival and provided that IP ServerOne is the appointed reseller or the invoicing party of the Customer's domain name at the scheduled time of expiry.

    • 3.2.2

      In terms of domain name expiration, The Customer shall not make any claims or compensation from IP ServerOne if the Customer did not renew the domain name on time and this caused the domain name being suspended or deleted by domain registry.

    • 3.2.3

      The domain renewal fee is strictly non-refundable if the domain name has been successfully renewed upon request.

    • 3.2.4

      In terms of domain name redemption, Customer shall absorb the domain redemption fee if the Customer wants to renew the domain that falls under the redemption grace period and IP ServerOne does not warrant that the application of domain name renewal that falls under redemption period will be successful.

    3.3 Abuse clause

    You represent and warrant to IP ServerOne that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by IP ServerOne shall not be used in connection with any illegal activity.

    You may not use IP ServerOne's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and IP ServerOne reserves the right to remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of the Services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that IP ServerOne has the right to remove Your server content temporarily from its servers if IP ServerOne is the recipient of activities that threaten the stability of its network subject to prior written notification to You via email or facsimile.

    You agree not to engage in unacceptable use of any of the Services, which includes, without limitation, use of the Services to:

    1. Disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, IP ServerOne, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than IP ServerOne's standard STMP relay limit;
    2. Disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
    3. Disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
    4. Create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
    5. Export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of Malaysia and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
    6. Interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
    7. Disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
    8. Use Your server as an "open relay" or similar purposes.
    9. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    10. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

    3.4 Abuse on Shared Hosting

    • 3.4.1

      As this is a shared server, customer should not be using more than 10% of the CPU resources for more than 15 minutes. We reserved the right to suspend customer's website prior notice, due to the said website is overloading the server and affecting others client that hosted in the server.

    • 3.4.2

      Running programs in the background on an IP ServerOne server without IP ServerOne prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1,000 emails a day, or more than 100 e-mails per hour and the like are not acceptable uses of IP ServerOne's servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories without prior authorization from IP ServerOne is prohibited.

      IP ServerOne reserved the right to suspend the service without prior notice if the client

    • 3.4.3

      IP ServerOne offers commercially reasonable high-limit of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability and is limited to 30,000 files on 3GB Hosting plans, 50,000 files on 100GB Hosting plans and 100,000 on files on 200GB Hosting plan. The intention of reasonable high-limit of disk space on IP SERVERONE Shared Hosting is to provide ample resources for customer convenience, so that customers need not worry about exceeding limits.

    3.5 Co - Location Services

    • 3.5.1

      Facility Access for Co-Location:
      Visits to IP ServerOne's facility must be scheduled at least twenty-four (24) hours prior to the visit. Should The Customer need emergency access to The Customer's server computer, The Customer must contact IP ServerOne technical support and request access at least fifteen (15) minutes prior to the emergency visit. The Customer shall pay any/all related charges (such as for a security pass, property pass, time and assistance provided by IP ServerOne, etc.). and customer shall submit a photo ID for IP ServerOne 's records prior to customer's initial visit to IP ServerOne 's facility. Guided tours for prospective clients are permitted, at the sole discretion of IP ServerOne, only during regular business hours, Monday-Friday, and should be scheduled at least twenty-four (24) hours in advance;

    3.6 R+ Reseller

    • 3.6.1

      The Customer with R+ Reseller status must maintain at least minimum twenty per cent (20%) from the agreeable top up amount of MYR500.00 to continue participate in IP ServerOne Reseller Program. The Customer is responsible to check on available credit from IP ServerOne Customer Portal to sustain the R+ Reseller status. IP ServerOne may withdraw The Customer R+ Status if the Customer remains failed to maintain the minimum credit. The Customer shall pay a Reinstatement fee as per Appendix I prior to reinstate of The Customer R+ Status.

  • Support Services

    IP ServerOne shall at all times provide a helpdesk for fault and general reporting, maintenance and support request, by the Customer (relayed by email, facsimile or telephone, to the contact person designated by IP SERVERONE).
    Support Ticket that reported after midnight (00:00 hour); IP ServerOne Support Team will only response Customer on the first available business day.
    IP ServerOne shall ensure that its technician responds to the Customer prior to the expiry of the Mean Time to respond which commences from the time the Customer contacts IP SERVERONE's helpdesk.
    IP ServerOne, shall resolve the problem reported by Customer, PROVIDED it is not prevented and PROVIDED the problem is material, prior to the expiry of the Mean Time to Repair which commences from the time Customer contacts IP ServerOne's helpdesk and IP SERVERONE's technician acknowledges receipt of the reported problem/ at the expiry of the Mean Time to Respond.
    Based on the information Customer provide IP ServerOne in Customers' support request ticket and after evaluation, IP SeverOne Support team will place Customer request into one of these severity levels. Expected response times will depend on the severity level.

    4.1 Shared Hosting

    Security Level Severity / Problem Level Estimated Response Times

    1

    Urgent

    System is unavailable across all sites or a breach of security or privacy compromises a site. Site visitors are faced with HTTP 503 Service Unavailable messages or site administrators are unable to login.

    Within 1-3 hours

    2

    High

    Major functionality and/or display of website content are affected by a system defect which prevents website visitors and/or site administrators from interacting with the site.

    Within 3-6 hours

    3

    Normal

    Functionality or display of website content is compromised by user error or software defect that does not affect all sites and cannot be corrected without support staff assistance.

    Within 24 Hours

    4

    Low

    Minor system defects or enhancement requests that may be resolved through software updates, maintenance cycles, or new feature roll outs.

    Within 48 Hours

    Table 1: Mean Times for IP SERVERONE to deal with issues

    • 4.1.1

      IP ServerOne Support Team is responsible for supporting IP ServerOne direct Customer. Resellers are responsible for supporting their clients by isolating specific problems that may be encountered while using our services.

    • 4.1.2

      IP ServerOne Support Team will not offer technical support for third party vendor products that are outside of the existing server extensions.

    • 4.1.3

      IP ServerOne Support Team does not support third (3rd) party applications which have been installed on IP ServerOne hosting servers. All Customers' installed scripts must be configured by the customer, however, we will provide information regarding a servers' specific configuration which is needed for such scripts to operate.

    • 4.1.4

      Smart Hand Service is compulsory to be charged for excessive trouble shooting and error correction of scripts which is the fault of the customer. Charges of Smart Hand Services are not covered by this Terms and Conditions.

    • 4.1.5
      Reinstatement Fee for: Shared Hosting Account.

      If IP ServerOne suspends the Customer's shared account for non-payment, The Customer shall be allowed to reinstate The Customer's use of the Services within Thirty (30) business days of suspension upon approval from IP ServerOne and full payment of balances due. A Reinstatement Fee as per Appendix I will be applied.

    4.2 Dedicated Server / Co - Location Service

    Grade Severity / Problem Level Mean Time to Respond Mean Time to Repair

    1

    Critical Outage.

    Entire Internet connection down, Power failure, network switches / router/ Single point of failure piece of hardware outputting major Alarms

    30 Minutes

    8 Hours

    2

    Major Outage

    Servers/ nodes affected; severe service degradation

    2 Hours

    12 Hours

    3

    Minor Outage

    Single user outage, Capacity degradation; redundant device down; management access outage

    4 Hours

    12 Hours

    4

    Important Event

    Condition being monitored; resolved awaiting parts

    8 Hours

    Second Business Day

    5

    Information Event

    Request for Documentation

    Next Business Day

    Second Business Day

    Table 2: Mean Times for IP SERVERONE to deal with issues


    • 4.2.1

      IP ServerOne reserves the right to refuse providing any support to the Customer if the informed case or issue does not related to IP ServerOne.

    • 4.2.2

      The Customers shall have the choice to engage "Smart Hands" support from IP ServerOne to cover out requested support issue that are non - related to IP ServerOne. Customers are provided with an assured response time matrix for engaging queries; although due to the nature of some faults no guaranteed time-to-fix can be offered on customer equipment. Charges of Smart Hand Services are not covered by this Terms of Services.

    • 4.2.3
      Reinstatement Fee for: Cloud Hosting, Reseller Account, Virtual Private Server (VPS), Dedicated Server, Co location Account.

      If The Customer Cloud Hosting, Reseller Account, Virtual Private Server (VPS), Dedicated Server, Co location Account has been disconnect by IP ServerOne for the reason of non - payment, The Customer shall pay a Reinstatement Fee as per Appendix I prior to any Reinstatement of The Customer's server and notify IP ServerOne with proof of payment via facsimile or email. Once payment received, The Customer account will be activated within twenty four (24) Business Hours.

      IP ServerOne may withdraw from this Terms of Services if the Customer remains failed to remit payment 30 days after the service was interrupted. Without prejudice to any other of its rights and remedies, IP ServerOne will be entitled to remove The Customer's data from its systems and any Equipment and/or put the Equipment to any use other than The Customer if any amount due under the Terms of Services is not paid within the time frame given of its due date for payment. IP ServerOne is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Terms of Services.

      The withdrawal from this Terms of Services shall take legal effect on the day when the withdrawal notification is delivered. IP ServerOne does not guarantee the delivery of the notification to the Customer, and its sending to the Customer's email address shall be regarded as its delivery.

    • 4.2.4
      Uptime and Downtime for Dedicated Server, Co-Location, Cloud Hosting

      "Uptime" and "Downtime" refer to the duration the Services, not including during Service Unavailability under Clause 2A of this Terms of Services, are available or unavailable respectively, as measured solely by IP ServerOne's internal monitoring systems.

      In the event The Customer are affected by Downtime, IP ServerOne will credit The Customer Downtime Credit as determined in Table 2 against the following calendar month's Uptime Fees. The Customer agree that IP ServerOne will not provide any credit against Fees for services which are unrelated to Uptime including but not limited to domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges;

      Duration Services is available in the calendar month Downtime Credit for the following calendar month's Fees

      99.9% - 100% of the calendar month

      0% of the current month's Uptime Fees

      99.1% - 99.8% of the calendar month

      5% of the current month's Uptime Fees

      98% - 99% of the calendar month

      10% of the current month's Uptime Fees

      95% - 97.9% of the calendar month

      25% of the current month's Uptime Fees

      90% - 94.9% of the calendar month

      30% of the current month's Uptime Fees

      below 90% of the calendar month.

      50% of the current month's Uptime Fees

      Table 3 -Service Level Credit for Downtime


      To receive a Downtime Credit, The Customer must request for the Downtime Credit by sending an email to billing@ipserverone.com within ten (10) business days after the incident of Downtime, failing which The Customer will not be entitled to the Downtime Credit.

      Each Downtime Credit request must include the time of the Downtime, and the name and IP address provided under Services which experienced the Downtime. If the Downtime is confirmed by IP ServerOne, Downtime Credit will be credited to The Customer within thirty (30) days of receipt of The Customer's Downtime Credit request.

      The Customer agree that the maximum Downtime Credit credited to The Customer in a calendar month under this Terms of Services shall not exceed 50% of the Uptime Fees paid by The Customer for such calendar month. Downtime Credits are exclusive of any applicable taxes charged to The Customer or collected by IP SERVERONE. Downtime Credits are The Customer's sole and exclusive remedy, with respect to any Downtime.

    4.3 Maintenance

    • 4.3.1

      The Customer agrees that from time to time IP ServerOne may disrupt the Service whilst conducting, routine tests, maintenance, upgrade or repair, to any part of the system used for the Service PROVIDED IP ServerOne gives the Customer not less than 3 days prior notice of such action.

    • 4.3.2

      The Customer agrees that when an unforeseen event affects the system used for the Service, including but not limited to critical unforeseen maintenance, it is not practicable for IP ServerOne to give advance notice of a Service disruption and that IP SERVERONE in such instances shall be entitled to disrupt the Services to conduct remedial works with or without prior notice.

    • 4.3.3

      The Customer agrees that IP ServerOne has the right to carry out a forensic examination in the event of a compromise to, The Customer's hosting account or to IP ServerOne's server.

  • The Customer's Obligations

    • 5.1

      The Customer shall be responsible for, the actions (act, omission or default) of End Users as if they are The Customer's actions and for any support to End Users. In the event the End User violates Customer's obligations under this Terms of Services, then The Customer shall terminate the End User's access to Content immediately upon receipt of notice of the violation.

    • 5.2

      The Customer shall, at https://portal.ipserverone.com, provide IP ServerOne with, and shall update IP ServerOne immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that IP ServerOne may register, charge payments to The Customer and otherwise contact The Customer as may be required from time to time in the course of this Terms of Services.

    • 5.3

      After entering into this Terms of Services and fulfilling other potential requirements (such as payment for the service or delivery of all necessary documents such as Service Level Terms of Services) the ordered service will be set up and put into operation for the Customer, and the Customer will also receive their unique access log-in for the administrative interface from which they will manage their services and their extent as well as all contact information. The Customer shall receive access information necessary for the use of each service that is put into operation.

    • 5.4

      The Customer represents and warrant to IP ServerOne that, The Customer or End Users:

      1. a) own all proprietary or intellectual property rights; or
      2. b) have express written authorization to use (copy, display or modify) content from its owner in using it,

      in the Content and to grant IP ServerOne the rights under 2.4 of this Terms of Services without violating this Clauses 3.4

    • 5.5

      The Customer represents and warrant to IP SERVERONE that:

      1. a) The Customer or End User, shall not use IP SERVERONE's, system or Services, in connection with any illegal activity;
      2. b) The Customer shall:
        1. i) not introduce; and
        2. ii) ensure that End Users shall not introduce,

      on IP ServerOne's system any Content, trade name, link, advertising or services, that actually or potentially, violate any law or regulation or infringe any rights of any person including but not limited to proprietary rights or intellectual property rights.

    • 5.6

      The Customer or the End User, may not, directly or indirectly, use IP ServerOne's system including but not limited to the space occupied by The Customer on IP ServerOne's servers as, a source, an intermediary, a reply to address, or a destination address, for, mail bombs, Internet packet flooding, packet corruption, denial of service, broadcast attacks or abusive activities.

    • 5.7

      The Customer or the End User, shall not hack or perpetrate security breaches, of any servers including but not limited to servers belonging to IP ServerOne's and Customer agrees that at Customer's cost and, Customer's and End User's, risk, IP ServerOne may remove Content from IP ServerOne servers including but not limited to any other descriptors that contain information about, hacking or links to such information, and Customer agrees that it will not seek any compensation for the removal of such Content.

    • 5.8

      The Customer or End User, shall not use the, Services or space occupied by The Customer on IP ServerOne's servers, as an anonymous gateway or in restricting other users from using the Internet.

    • 5.9

      The Customer agree that IP ServerOne may remove Content from its servers if IP ServerOne is the recipient of activities that threaten the stability of its network subject to prior written notification to The Customer including but not limited to via email or facsimile.

    • 5.10

      The Customer will ensure that, End User and The Customer, will not engage in or promote or facilitate, unacceptable use of the Services, which includes but is not limited to :

      1. (1) not using the Services to disseminate or transmit, unreasonably large volumes of email (more than IP SeverOne's standard SMTP relay limit without IP SeverOne's consent made in its sole discretion), unsolicited messages, chain letters or spam (commercial email or advertising or informational announcements); The Customer's hosting websites or services on the Customer's server computer supporting spammers or resulting in any of IPSeverOne 's IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected
      2. (2) not using the Services to disseminate or transmit or store or otherwise make available, any material which, is associated with gambling or is to a reasonable person may be deemed as, abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
      3. (3) The Customer agree to use only properly licensed third party software in connection with the use of the services.
      4. (4) not using the Services to disseminate or transmit or store or otherwise make available, files, graphics, software, material, data or work, that actually or potentially, infringe intellectual property right of any person including but not limited to copyright, trademark, patent or trade secret;
      5. (5) not using the Services to create a false identity or to otherwise attempt to mislead any person, as to the identity, source or origin of any communication, including but not limited to falsifying TCP-IP headers or e-mail headers or to the, origin or route, of any transmission;
      6. (6) not using the Services to export, re-export or permit downloading of, any message or content, in violation of any law, regulation or restriction, of Malaysia or as prescribed by the Government of Malaysia, its agencies or authorities, or without all required approvals, licenses or exemptions;
      7. (7) not using the Services to interfere, disrupt, attempt to gain unauthorized access to, make connections to, probe, monitor (data or traffic), crawl, test the security vulnerability to or breach any security measures to, any or part of a, computer system or communication system, server or network or software or device or hosts or users, belonging to or operated by, IP ServerOne or another party, for which The Customer do not have authorization to access;
      8. (8) not using the Services to, disseminate or transmit or store or otherwise make available, virus, trojan horse, worms, malicious, harmful or disabling, time bombs, bots, data, work, code or program, which, interferes with or intercepts, any program or data or system or network;
      9. (9) not using the Services or The Customer's SMTP server, as an open proxy or open recursive domain name or "Open Relay" (such that it allows anyone on the Internet, other than The Customer, to send e-mails through the server) or similar purposes.
      10. (10) not using the Services to, interfere with or disrupt, the Services or its associated connected hardware (including but not limited to servers or networks), or disobey any, requirements, procedures, policies or regulations, of networks connected to the Service;
      11. (11) not using the Services to in violation of any, law, regulation or restriction, of Malaysia or as prescribed by the Government of Malaysia, its agencies or authorities, or IP ServerOne policies (as, amended or reasonably introduced, from time to time) or without all required approvals, licenses or exemptions;
      12. (12) not using the Services to carry out activities that is harmful to IP ServerOne's , operation or reputation;
      13. (13) not using the Services to, collect or store, personal data about other users in connection with, invasion of privacy or the prohibited, conduct and activities, set forth in the paragraphs above;
      14. (14) not using the Services to carry out, fraudulent or deceptive, activities including but not limited to phishing or pharming; or
      15. (15) not using the Services to collecting messages from others which violate the unacceptable use under this, Terms of Services or of the service provider from which the message was transmitted.
    • 5.11

      The Customer agree that IP ServerOne is entitled to modify the aforementioned list of unacceptable use of the Services (as may be, posted on IP ServerOne's site or notified to The Customer) and that The Customer shall comply with the requirements under this Clause for such modified list.

    • 5.12

      In the event that The Customer become aware of any unacceptable use of the Service, The Customer shall notify IP ServerOne of such use and The Customer shall extend all assistance as may be reasonably required by IP ServerOne to remedy the situation.

    • 5.13

      The Customer will not, provide aid to or do, and The Customer shall ensure that End User will not, provide aid to or do, any:

      1. (i) reverse engineering or disassemble, of any software provided under Services; or
      2. (ii) modification of, server or network or software or device or hosts or users, associated with Services (save for as expressly permitted by, law or Terms of Services with the party in whom, title or the intellectual property rights, of such item vests).
    • 5.14

      The Customer will not;

      1. (i) access or use, Services by unauthorized, means or methods to avoid incurring costs or to increase the Customer's quota; or
      2. (ii) resell, delegate, sub-license or transfer, any rights granted to the Customer under this Terms of Services.
    • 5.15

      The Customer agree that IP ServerOne may, but is not obliged to, investigate any violation of, The Customer's or End Users', unacceptable use or misuse, of the Services under this Terms of Services. In the event IP ServerOne suspects that such violation infringes any, law or regulation, or in the event a, competent regulator or authority having jurisdiction, requests for particulars in connection with, The Customer or End User or Content, then, The Customer agree and in the Customer's Terms of Services with End User The Customer shall ensure that End User agrees, that IP ServerOne may without informing, The Customer or End User, disclose any such associated information including but not limited to any of, The Customer's or End User's, confidential information to the appropriate authority(s) (for onward investigation and prosecution).

  • Storage and Security

    • 6.1

      Customer agrees to be responsible for and shall bear the full risk of;

      1. maintaining the confidentiality of, The Customer's password and The Customer's hosting account information;
      2. any access to, Content or The Customer's account, regardless that such access by whomsoever was unauthorized by, The Customer or End User;
      3. all, acts, omissions, use or charges incurred, under The Customer's hosting account or in connection with the Content displayed, linked, transmitted through or stored, on the server space occupied by The Customer on IP ServerOne's servers;
      4. any, claims or loss or damage or expenses, arising from, Content or under The Customer's account; and
      5. handling any notices sent by any party in relation to, Content or activity under The Customer's account.

      The Customer shall be solely responsible for undertaking measures to:

      1. ensure the confidentiality of, The Customer's password and The Customer's hosting account information;
      2. ensure that, The Customer's password and The Customer's hosting account information, is not sold, delegated, sublicensed or transferred, to any other party;
      3. properly configure Content for its use with Services;
      4. Prevent any, loss or damage, to Content;
      5. Maintain independent archival and backup copies, of Content;
      6. Ensure the security, confidentiality and integrity, of Content;

      IP ServerOne will manage the firewall for customer who has signed up for the firewall service as amended from time to time; For the avoidance of doubt, Customer require to submit the "firewall customization form" for any firewall policy change; All firewall policy change will be implemented withi 2 working days.

    • 6.2

      IP ServerOne shall have no liability to, The Customer or any other person, for loss, damage, destruction or loss of confidentiality, of Content, unless such loss, damage, destruction or loss of confidentiality was as a result of IP ServerOne's , its servant's or agent's, act, omission or negligence. In the event that damage(s) is a result of IP ServerOne's negligence this will be limited to the extent stated in Clause 3A of this Terms of Services.

    • 6.3

      The Customer shall notify IP ServerOne immediately of, any suspicious activity under the Customer's account or The Customer suspicion that, The Customer's password and The Customer's hosting account information, has been compromised (lost, stolen or breached).

  • Indemnification

    • 7.1

      The Customer agree to, indemnify and keep indemnified, hold harmless and defend, IP ServerOne and its, directors, officers, employees and agents, from and against, any, claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), costs or expenses incurred (including but not limited to reasonable legal fees or costs incurred, in responding and for the time spent in responding), arising out of or relating to, any of, The Customer's or End User's, violation of the provisions in this Terms of Services, infringement or alleged infringement or misappropriation, of any third party rights including but not limited to, any intellectual property rights in relation to, confidential information, trademark, service mark, trade name, copyright or patent, or claims made in relation to, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, injuries or death, to persons or damage to, business or property, or disputes between The Customer and any End User, and The Customer agree to, release and discharge, those indemnified from any such, claims, actions, demands or proceedings. The Customer may settle any such, claims, actions, demands or proceedings, provided the Customer protect IP ServerOne's interests and the Customer obtain IP ServerOne's consent before entering any settlement.

  • Limitation of Liability; Waiver and Release

    • 8.1

      IP ServerOne or the licensors of any of the Services, will not be liable to, The Customer or End User, for any, compensation, reimbursement, damages, losses or expenses, arising from, The Customer's or End User's, (1) inability to use the Services (including but not limited to by (i) termination or suspension, of this Terms of Services, (ii) by discontinuation, change or deprecation, of the Services, in part or whole, (iii) Downtime, (iv) Service Unavailability, (2) procurement of alternative services to replace Services during the period of inability to use Services and (3) investments made in order to use Services.

    • 8.2

      Without limiting the generality of the foregoing, in no event will IP ServerOne's liability for any, claims, damages, losses, causes of actions (whether legal or administrative) or expenses (including but not limited to reasonable legal fees), suffered by The Customer whether in, contract or tort (including but not limited to negligence or otherwise), exceed the lesser of MYR1,000.00 or the amount paid by The Customer for the Services during the contract period pro-rated from the date the, damage or loss, arose up to the expiry of the contract period or date the, damage or loss, ceased whichever is earlier.

    • 8.3

      In the event that IP ServerOne causes, loss, damage or destruction of, Content on IP ServerOne's systems or servers, then The Customer agree that The Customer will not seek compensation for such loss save for requiring IP SERVERONE to reasonably endeavor in good faith to restore such lost Content.

    • 8.4

      No Party will be liable to the other Party, for delay in performing their obligations or for any failure to perform their obligations, as a result of Events of Force Majeure. If performance of the Terms of Services is substantially prevented by any Event of Force Majeure for a continuous period of thirty (30) days, then, either Party may terminate this Terms of Services forthwith by written notice to the other Party or neither Party shall be entitled to any compensation arising thereof for, loss or damages or expenses.

  • Disclaimer

    • 9.1

      The Services are provided "as is". IP ServerOne provides no representations or warranties of any kind. To the extent permitted by law, IP ServerOne disclaims all warranties including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment and non-infringement, or any implied warranties arising from, course of dealing or usage of trade. Without limiting the generality of the foregoing, IP SERVERONE specifically does not warrant for the security of Content (against, loss or damage or unauthorized access) or that the services will meet the requirements of, Customer or End User, or that Service will be, accurate, uninterrupted, free of error or free of harmful components.

  • Suspension

    • 10.1

      IP SERVERONE shall be entitled to without notice suspend, The Customer's or End User's, access to Services, in part or whole, at The Customer's cost and, The Customer's and End User's, risk, without compensating, The Customer or End User, for any, loss or damages or expenses, which, Customer or End User, may incur arising from the suspension, in the event;

      1. (i) The Customer or End User's, use of Services, (1) is a security risk to any party, (2) adversely affects, Services or system (server or network or software or device or hosts or users), belonging to or operated by, IP SERVERONE or another party, (3) subjects, IP SERVERONE or any third party, to liability and (4) is fraudulent; or
      2. (ii) Customer fails to settle IP SERVERONE's invoice within three (3) days from its due date.
    • 10.2

      During the suspension, IP ServerOne will not erase any data or content in the Customer's engagement service with IP ServerOne.

    • 10.3

      In the event of a suspension, IP ServerOne reserves the right to charge Customer a fee for the Reactivation of the Services in accordance to Appendix I.

    • 10.4

      During the suspension, The Customer will remain liable for any payments due, prior to the suspension and until the suspension ends, and The Customer will not be entitled to any Downtime Credits. IP SERVERONE's right to effect a suspension under this Clause is independent of IP SERVERONE's right to terminate this Terms of Services.

  • Miscellaneous

    • 11.1
      Legal Costs

      Each Party shall bear its own legal costs and expenses in the preparation and execution of this Terms of Services and in performing its obligations under this Terms of Services.

    • 11.2
      Assignment
      1. (a) The Customer shall not assign The Customer's rights under this Terms of Services, in whole or in part, without the written consent of IP SERVERONE.
      2. (b) Notwithstanding any permitted Customer assignment, the Customer is responsible for its assignee's obligations under this Terms of Services and to its acts or omissions.
      3. (c) IP SERVERONE may by notice assign its right under this Terms of Services.
    • 11.3
      Non-Waiver
      1. (a) A Party may grant a waiver of its rights PROVIDED the waiver is in writing.
      2. (b) No waiver under Clause (a) for a breach of this Terms of Services shall operate as a waiver of a subsequent breach of Terms of Services or a continuing breach of Terms of Services unless expressly written.
      3. (c) Subject to Clauses (a) and (b), no:
        1. (i) granting of time to a Party; or
        2. (ii) relaxation, forbearance, delay or indulgence by the other Party,
        in enforcing a provision of this Terms of Services shall prejudice the other Party's rights.
      4. (d) Unless provided under this Terms of Services, a Party shall not be liable for any loss, cost or expenses arising from a waiver under Clauses (a) and (b).
    • 11.4
      Severability

      Any provision of this Terms of Services held invalid or unenforceable under the law shall be read down but only so far as required to be valid and enforceable and if that is not possible, such provision shall be severed from this Terms of Services to the extent of the invalidity or unenforceability without affecting the other remaining provisions of this Terms of Services.

    • 11.5
      Relationship of Parties

      This Terms of Services does not form a partnership, joint venture or agency between the Parties. Neither Party shall bind the other Party in any other Terms of Services.

    • 11.6
      Third Party Beneficiary Right

      The Parties agree that this Terms of Services does not confer any third party beneficiary rights.

    • 11.7
      Continuing Obligations

      Obligations that continue after the expiry or termination of this Terms of Services shall continue without condition.

    • 11.8
      Entire Terms of Services
      1. (a) This Terms of Services constitutes the entire Terms of Services between the Parties.
      2. (b) All previous, written or oral, Terms of Services, communications, representations, warranties, negotiations, purchase orders or understandings between the Parties with respect to this Terms of Services:
        1. (i) are superseded by this Terms of Services;
        2. (ii) are merged in this Terms of Services to the extent of its incorporation in this Terms of Services;
        3. (iii) are of no effect; and
        4. (iv) shall not constitute any collateral Terms of Services or warranty.
  • Governing Law and Settlement of Dispute

    The validity, construction and performance of this Terms of Services shall be governed by the Laws of Malaysia and in an event of a dispute arising between the Parties, the Parties shall agree to attempt to settle the dispute amicably and if no settlement is reached, the Parties agree to appoint a professional mediator to mediate the dispute. In the event that the dispute could not be settled, the Parties shall submit to the exclusive jurisdiction of the High Court of Malaya.


    Appendix I

      Charges By IP ServerOne
    Data Recovery Fee (data loss occurs due to the negligence of the client in securing their account or by an action of the client MYR 200.00
    Reactivation Fee for Shared Hosting, and other services Reactivation Fee for R+ Reseller Status MYR 80.00

    Reactivation Fee for Dedicated Server and Co Location Service

    Urgent Reactivation Fee for Dedicated Server and Co Location Service (within 1 hour)

    MYR 200.00

    MYR 300.00

    Reactivation Fee for R+ Reseller Status MYR 100.00
    Transfer of Ownership Fee MYR 100.00
    Transfer of Ownership deposit (failed to locate actual reseller or original owner who registered the domain) MYR 500.00

 

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