Terms and Conditions

Terms and Conditions

As the following requirement to use the service(s) offered by EQHost, you (client) or if you represent other person or a company, hereby accept to be legally bound by the terms and conditions herein. These terms are effective immediately between the EQHost and client.

Client understands and agrees that EQHost make no guarantee that any reader shall be able to access EQHost’s server at any time as they offer web hosting services over the Internet through access to its web server and that the Internet is conditioned by external factors. EQHost represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows:

1. Financial Arrangements

i. Client agrees to a minimum one (1) year contract, beginning upon EQHost’s receipt of payment for the first year of service.

ii. First year payment plus setup charges, if any, shall be due in advance of service. Whilst our pricing may be broken down to a monthly figure, all accounts are payable yearly in advance.

iii. This agreement will automatically renew for successive one (1) year period unless canceled in writing 14 days prior to the quarterly renewal date. Written notice may be via postal, the EQHost form or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.

iv. Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. Payments may also be made by cheque. Returned checks are subject to a RM50.00 returned cheque fee.

v. Accounts that have unpaid invoices more than 30 days past the renewal date will be suspended without notice until the account is brought current. EQHost reserves the right to terminate the account and delete the files. EQHost reserves the right to apply a RM50.00 reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due.

vi. In any case where Client has exceeded the allocated free quota of web space, EQHost reserve the right to bill the extra web space used accordance with the standard price list.

vii. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

2. Taxes

EQHost shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or EQHost’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

3.Payment

All payments made are non refundable.

4.Domain Registration

EQHost offers its domain registration service through other domain registry service. Client agrees that EQHost is not able to complete the registration for any domain name without the necessary information provided, even when payment has been made in advance.

5. Trademarks & Copyrights

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

6. Privacy

EQHOST will make every effort to protect the privacy of EQHOST’s clients. EQHOST will not reveal personal information regarding its clients. EQHOST cannot however protect privacy through the Internet registration database, as this information is open to the public.

Acceptance Usage Policy

1. Age

The Customer certifies that he or she is at least 18 years of age.

2. Responsibility

The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of EQHost to provide this knowledge or support outside matter specific to EQHost servers.

3. Internet Etiquette

i. Electronic forums such as mail distribution lists all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of EQHost may not be used to impersonate another person or misrepresent authorization to act on behalf of others or EQHost. All messages transmitted via EQHost should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

ii. EQHOST does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension and/or termination of the account.

iii. ALL software and files uploaded must follow the standard Internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. EQHOST reserves the right to delete those files.

4. Materials and Products

EQHost will exercise no control whatsoever over the content of the information passing through the network. EQHost will not host any material that is, in EQHost sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Please contact EQHost if uncertain of the nature of your content. EQHost makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.

EQHost also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of EQHost is at the Client’s own risk, and EQHost specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Connection speed represents the speed of a connection to and do not represent guarantees of available end-to-end bandwidth. EQHost expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. EQHost specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Client may not run background processes on EQHost’s servers. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.

5. “Unlimited” Term and Resource Abuse Policy

EQHost’s unlimited features are designed to meet the typical requirements of small to medium business website clients. It is not intended to support the large demand of enterprises or mission critical hosting, which means any action of a single or few clients to unfairly impact the experience of other users of the same server is not allowed. The abuse and misuse of system resources is a serious problem, and EQHost does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of CPU and memory that can be used by any one account.

In all fairness, EQHost does not allow any clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS

  • Memory usage may not exceed 10% per domain/file/application
  • CPU usage may not exceed 20% per domain/file/application
  • Max hourly emails – 100
  • Max incoming/outgoing email size – 20MB

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally.

6. Chat Rooms and IRC

The use of chat rooms, IRC or IRC bots are prohibited on the shared hosting environment of EQHost and such cases would lead to termination of service.

7. Software Distribution

EQHost’s web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement.

8. Modification

EQHost reserves the right to add, delete, or modify any provision of this policy at any time without notice.

9. Copyright and Infringement

EQHost reserves the right to terminate any websites hosted by EQhost that are found to infringe on copyrights of third parties. EQHost shall terminate the client’s service of web hosting when no supportive information on disputed copyrights is provided to EQHost. In such cases, no refund or cancellation fee will be paid.

10. Scripts

We may suspend the use of CGI, Perl, PHP, MySQL, SSL or other scripts should your account be found to be using an unfair amount of system resources and we may re-instate them at our discretion.

11. Utilization of Disk Space

EQHost offers its services to host websites’ files, not to be used as data storage. Using EQHost’s disk space as online storage space for archiving electronic files is prohibited and will result in the termination of service without any notification.

12. Web Files Backups

EQHost makes daily disaster-recovery backups of your website files however it is we suggest that you keep a personal, historical backup of your website files. If you require historical backups we suggest that you download your website files through FTP as often as needed and that you keep them for as long as your personal or corporate policy dictates. It is suggested that you DO NOT rely on EQHost’s backups. All EQHost data backups are designed against hardware failure not customer user error.

13. EQHost Email Backups

EQHost creates an image-based backup of each mail server on a daily basis. In the event of a hardware, or operating system level failure, we are able to recover from these backups.

EQHost email backups are daily disaster-recovery images of each mail server. We suggest that you keep a personal, historical backup of your email inbox. It is suggested that you DO NOT rely on EQHost email backups to restore from any email events that occurred, EQHost email backups should be considered as disaster-recovery.

Please be reminded that EQHost will NOT have a backup of any email if you download your mail through POP3 and delete the email from the server in the process.

14. Domain Name Registration

Under this TOS, the Customer has the option, through the Order Form or as part of service activation within the Control Panel, to request EQhost to register a new domain name on behalf of the Customer. Customer understands and acknowledges that EQhost is not a Domain Registrar and that EQhost will register new domain names through a Domain Registrar partner selected by EQhost. Customer understands that the domain registration process requires EQhost to pass Customer Information to the Domain Registrar partner and such information may become public information. EQhost will not be responsible if a domain name is not available for any reason. EQhost will not be responsible for any infringement of any third party rights caused by its domain registration on behalf of Customer. For such new domain name registrations, Customer shall comply with the then current Domain Name Terms and Conditions posted at our current domain registrar partner’s website at https://opensrs.com/docs/contracts/exhibita.htm, ICANN Uniform Domain Name Dispute Resolution Policy posted at http://www.icann.org/dndr/udrp/policy.htm, and Registrant’s Benefits and Responsibilities Under the 2009 Registrar Accreditation Agreement posted at http://www.icann.org/en/resources/registrars/registrant-rights/benefits. ICANN also provides Registrant educational materials at http://www.icann.org/en/resources/registrars/registrant-rights/educational.

If the domain name expires, the domain name will become inactive and will enter a grace period. The customer can renew their domain after its expiration through the EQhost control panel during the grace period. If the domain has expired and passes the grace period, the domain name enters the redemption period and the customer must contact EQhost billing department to renew. If the customer desires to obtain rights to the domain name that is in the redemption period, the customer will be charged $150 to reclaim their rights to the domain name. If the domain is beyond the end of the redemption period, the customer understands that EQhost can no longer renew the domain name.

15. Reserved rights

EQHost reserves the right to refuse or to terminate service to any prospective clients and existing clients for any lawful reason at anytime during client’s hosting term with EQHost.

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