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Singapore Web Hosting Acceptable Usage Policy

PLEASE READ THIS POLICY CAREFULLY. BY CLICKING ON THE ORDER BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS POLICY AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS POLICY.

1. Introduction

This Acceptable Usage Policy ("Policy") is an agreement ("Agreement") between Silver Media, a Singapore registered business (RCB No. 53008942D), and the party set forth in the related order form ("Customer") incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Policy as "Customer" or "you". Silver Media reserves the right to reject this Policy for any reason or no reason, prior to acceptance thereof by Silver Media. Activation of the Services shall indicate Silver Media's acceptance of this Policy. Subject to the terms and conditions of this Policy, Silver Media will provide to Customer the Services selected by Customer set forth on the Order Form.

2. Amendment of Agreement

Silver Media may amend or otherwise modify this Policy. Customer agrees that Silver Media's posting of any amendments or modifications to this web site (http://www.singaporewebhosting.com/policy.shtml) shall constitute adequate notice to Customer and that Customer shall periodically consult this web page for any changes or amendments to this Policy. Silver Media may, but is under no obligation to, provide additional notice of any amendment, modification or update of this Policy via email to Customer. If any material modification to this Policy is unacceptable to Customer it shall be Customer's responsibility to terminate their subscription as provided in Section 3 of this Agreement. If Customer does not terminate the Services then Customer's continued use will mean that Customer has accepted the amended or modified Policy.

3. Duration of Agreement and Cancellation Policy

The Initial Term shall begin upon confirmation of Customer's order or commencement of the Services to Customer and the Term's length shall be indicated in the Order Form. After the Initial Term, this agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein. During the Term this agreement cannot be terminated by customer for any reason.

This Agreement may be terminated by either party by giving the other party written notice at least 30 days prior to the renewal/anniversary date of the Term, or by Silver Media in the event of nonpayment by Customer or by Silver Media, at any time, without notice, if in Silver Media's judgment Customer has in any way breached this Agreement.

If Silver Media cancels this Agreement pursuant to any of the terms outlined in this agreement Silver Media shall not refund to Customer any fees paid or prepaid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. Prepaid hosting fees are not refundable, if Silver Media terminates this agreement for cause. Silver Media shall also have the right to charge customer a minimum of S$150.00 Breach-Of-Contract fee.

If prior to the end of the agreed on Term, Customer cancels the Services for any reason, or Silver Media terminates the Agreement due to Customer's breach of the Silver Media Acceptable Usage Policy, Customer will be charged an early termination fee equal to the fee for such account remaining in the term. At no point shall customer receive a refund of any prepaid service fees.

All sales are final. Except for a cancellation within the first 15 days after of the service (Limited Money Back Guarantee) there is no "Cooling-Off Period" and Customer can not cancel this Agreement prior to the end of the Term as provided herein for any reason. If Customer cancels this Agreement before the end of the term Customer will receive refund for prepaid hosting fees that has not been used. In the event that Customer cancels within 15 days of ordering the service by sending email Silver Media will refund the prepaid hosting fees to Customer (after deduction of credit card processing fee or any bank charges).

4. Billing and Payment

All fees for web hosting or other Services are due in advance and shall be in accordance with Silver Media's fee schedule, which is incorporated herein by reference and may be amended from time to time. In the event that customer elects to pay with a credit card Customer authorizes Silver Media or Silver Media's authorised credit card processor to charge all fees owed to such credit card at the time or up to 30 days before they become due. Customer agrees to pay a S$25.00 (twenty-five Singapore dollars) late fee if customer's account or accounts become more than ten (10) calendar days overdue or if Customer's credit card is not accepted when a charge is processed. Fees for renewal periods after the Initial term shall become due 30 days before the first day of such renewal period. Silver Media may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance or a lesser amount where required by law for each month or portion thereof the overdue amount remains unpaid. In addition, in the event that any amount due Silver Media remains unpaid five (5) calendar days after such payment is due, Silver Media, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. Customer agrees that Silver Media may charge a S$30.00 (thirty Singapore dollars) fee to reinstate accounts that have been terminated or suspended. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Silver Media) shall be paid by Customer.

Customer agrees that Silver Media may charge in advance all fees due for the Services provided to Customer under this agreement to the credit card supplied by Customer during registration or at any time thereafter and customer specifically agrees not to charge back any payments Silver Media processes through Customer's credit card.

Customer acknowledges and specifically agrees that chargebacks - which might occur if Customer disputes Silver Media charges directly with Customer's credit card bank - are unlawful if Silver Media's service has been rendered. If customer has a fee dispute with Silver Media he has to settle such dispute with Silver Media directly without initiating any chargeback proceedures. Any chargeback will evoke an automatic S$150 (one-hundred-fifty Singapore dollars) service fee, without exception, for which customer will be held responsible in future collecting proceedures.

Returned checks will be assessed a S$30.00 charge.

Domain name registrations, transfers, and applications are final, and cannot, under any circumstances, be cancelled. Customer agrees to all and any regulations, rules, agreements and policies set forth by respective domain registry. Domain name cannot be transferred to other registrar within one (1) year after initial registration.

Once a domain name is registered, renewed or transferred-in, the payment is non-refundable. If a domain name is not renewed by expiry date and falls in redemption status, the registry will charge S$400 redemption fee to redeem or reinstate the domain name and the outcome of redemption application is soly the respective registry's decision with no guarantee. Provided the domain redemption application is not successful, the redemption fee will be refunded.

Please be sure that you fully understand this before you attempt any domain name registrations. We have no means of retrieving money from the registry for domain transactions, so we cannot refund clients who register or transfer names in error.

5. Silver Media as Reseller or Licensor

Silver Media is acting only as a reseller or licensor of the hardware, software, service and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Silver Media Product"). Silver Media shall not be responsible for any changes in the Services that cause the Non-Silver Media Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Silver Media Product either sold, licensed or provided by Silver Media to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Silver Media's obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Silver Media Product are limited to those rights extended to Customer by the manufacturer of such Non-Silver Media Product. Customer is entitled to use any Non-Silver Media Product supplied by Silver Media only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Silver Media to Customer through any Non-Silver Media Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Silver Media Product, or any technical data derived therefrom, in violation of any applicable Singapore or foreign law.

6. IP Address Ownership

During the course of providing Services to customer Silver Media may assign to Customer an Internet Protocol address. Customer agrees that it has no right to a particular IP address under this agreement and accordingly Silver Media shall retain ownership of any IP address or addresses used by Customer under this agreement and that Silver Media reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

7. Caching

Customer expressly grants to Silver Media a license to cache Customer's Content including content supplied by third parties and hosted by Silver Media under this Agreement and Customer agrees to indemnify and hold harmless Silver Media for any infringement of any third party's intellectual property rights thereby affected from said caching.

8. No Unauthorized Scripts or Executables

Customer agrees not to run any scripts, executables or other programs or processes on Silver Media's servers or other equipment that will in any way adversely affect the performance of said equipment.

9. Bandwidth and Disk Usage

Customer agrees that Silver Media will monitor and meter Customer's bandwidth and disk usage and in the event that Customer exceeds the bandwidth or disk usage alocated to each hosting package Silver Media may take corrective action which may, at Silver Media's sole discretion, include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. Customer agrees that in the event of a dispute Silver Media's monitoring reports shall be the final method of determination how much disk space and bandwidth was used and agrees to pay the excess usage charges when due. Customer's logs files are counted against any disk usage. Log files cannot be deleted by customer, but will automatically be deleted once every month. To avoid unfair resource distribution at no time shall Customer use more than 15 simultanious processes by and with any of Customer's applications and not upload any file larger than 100 megabyte. All images in a Customer's hosting account must be linked to from pages within the Customer's hosting account. It is a violation of this agreement if Customer uses this account as an image, sound or file library, or as storage for file downloading.

10. Intellectual Property Rights

Customer acknowledges that Silver Media owns all trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the Services and their provision. Customer further acknowledges and agrees that nothing in this Agreement shall constitute a license to Customer to resell or trade under any of Silver Media's intellectual property.

11. Web Site, E-Commerce and Customer Warranties

Customer shall assume sole responsibility for (a) acquiring any authorization(s) necessary for hypertext links to third party web sites, (b) the accuracy of materials on Customer Web Site(s), including, without limitation, Customer Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (c) ensuring that the Client Content does not infringe or violate any right of any third party. Notwithstanding the foregoing, Silver Media reserves the right, in its sole discretion, to exclude or remove from the Web Site any hypertext links to third party web sites, any Customer Content on the Web Site, or other content not supplied by Silver Media which, in Silver Media's sole reasonable discretion, may violate or infringe any law or third party rights or which otherwise exposes or potentially exposes Silver Media to civil or criminal liability or public ridicule, provided that such right shall not place an obligation on Silver Media to monitor or exert editorial control over the Web Site. Silver Media shall in no way be responsible to the Customer or any third party for Customer's conduct or actions including but not limited to Customer's handling of third party information such as credit card numbers and any liabilities incurred by Customer including but not limited to tax liabilities for the conduct of Customer's online business.

Customer shall be solely responsible for the development, operation and maintenance of Customer's web site and any online store and e-commerce activities.

Customer shall be solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web site, and will hold harmless, protect SilverMedia and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Customert's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

12. Disclaimer of Warranty

Customer agrees that its use of Services and its reliance upon information provided by Silver Media are entirely at Customer's own risk. Customer acknowledges and agrees that Silver Media exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through Silver Media's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER SILVER MEDIA, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT PROVIDED IN CONJUNCTION THEREWITH. NEITHER SILVER MEDIA NOR ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SILVER MEDIA IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY SILVER MEDIA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY SILVER MEDIA EMPLOYEE, OWNER, OR AGENT WILL CREATE A WARRANTY; NOR MAY CUSTOMER OR ANY OF CUSTOMER'S OWNERS, EMPLOYEES, OR AGENTS RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

13. Indemnification

Customer agrees to indemnify, defend and hold harmless Silver Media and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, any violation by Customer of this agreement, any breach of any representation, warranty or covenant of Customer contained in this Agreement or any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

14. Limitation of Liability

Customer agrees neither Silver Media nor any of its employees, owners, or agents shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or otherwise unauthorized means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Silver Media at the time) which may exist in the Services or Silver Media's equipment used to provide the Services.

Under no circumstances, including negligence, shall Silver Media or any of its employees, owners, or agents 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 Silver Media has been advised of the possibility of such damages. No Silver Media Person 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 Silver Media's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, Silver Media's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims regardless of the legal theory or the nature of the cause of action 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 twelve (12) month period prior to the date the cause of action arose or the injury or loss occurred.

Customer understands, acknowledges and agrees that if Silver Media takes any corrective action under this Agreement because of an action of Customer or one its customers that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Silver Media shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Silver Media.

This limitation of liability reflects an informed and voluntary allocation of risks between the parties and applies to risks both know and unknown that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

15. Prohibited Uses and Activities

Silver Media may immediately take corrective action, including removal of all or a portion of the Customer's content, disconnection or discontinuance of any Services, and there won't be any refund for remaining period of Services, if Customer, or anyone accessing Customer's account or server space, engages in any of the prohibited Uses or Activities set forth in Section 15 of this agreement. Customer hereby agrees that Silver Media shall have no liability to Customer or any of Customer's customers due to any corrective action that Silver Media may take (including, without limitation, disconnection of Services).

A. Violations of Intellectual Property Rights

Customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including, rights of privacy and rights of publicity are prohibited. Silver Media is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

B. Spamming

Customer agrees not to send spam or resell its services to anyone who sends spam. The term "spam" includes, but is not limited to, the sending of unsolicited bulk and/or commercial e-mail messages over the Internet or maintaining an open SMTP policy. In the event of a dispute Silver Media reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.

Any user who sends out spam will have their account terminated immediately without notice.

C. Misrepresentation of Transmission Information

Customer agrees not to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of any message or to resell services to anyone who engages in said conduct.

D. Viruses and Other Destructive Activities

Use of the Services for creating or sending malicious, destructive or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. Customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment).

E. Malicious or Unauthorized Hacking

Customer agrees not conduct or promote any "Hacking" activity and agrees that "Hacking" as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of Customer is a material breach of this Agreement.

F. Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available pornography is prohibited. Silver Media will as required by law, notify law enforcement agencies when it becomes aware of the presence ofpornography on, or being transmitted through, the Services.

G. Other Illegal Activities

The use of the Services to engage in any activities that are determined by Silver Media, in its sole and absolute discretion, to be illegal or which in Silver Media's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable online privacy laws. Silver Media will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

H. Obscene, Defamatory, Abusive or Threatening Language

Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

I. Other Prohibited Activities

Engaging in any activity that, in Silver Media's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Silver Media's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Silver Media's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Agreement. In addition, the failure by a Customer to cooperate with Silver Media in correcting or preventing violations of this Agreement by, or that result from the activity of, a customer of the Subscriber is a violation of this Agreement.

We DO NOT allow Internet-Relay-Chat ("IRC") or IRC bots, proxy, download or archive server of MP3/MP4/video files to be operated on our servers.

16. Copyright Notice Infringement Information

Silver Media has adopted a policy that provides for termination of web sites hosted by Silver Media that are found to infringe on copyrights of third parties. Customer expressly acknowledges that they are aware of this provision and Customer waives any claims it may have should it be injured by the enforcement of this provision. If a copyright holder believes that there has been a violation of their copyright on a web site that is hosted by Silver Media and the copyright holder demands that Silver Media remove the web site or disable the material in question, Silver Media will remove the web site or disable the material if the copyright holder provides Silver Media with all of the following information:

A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

1. Identification of the copyrighted work that is claimed to have been or being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

3. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

4. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

17. Disclosure of Customer Information and Legal Process

Although Silver Media will ordinarily maintain strict Customer confidentiality there are certain exceptions where Silver Media may disclose any information in its possession, including, without limitation, information about Subscribers, Internet transmissions and web site activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or official governmental request, to protect Silver Media or others from harm, and/or to ensure the proper operation of the Services. Silver Media has no obligation to notify any person, including the Subscriber about whom information is sought, that Silver Media has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

18. Force Majeure

Silver Media shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

19. Governing Law

This Agreement shall be governed in all respects by Singapore law without regard to the conflict of law provisions thereof.

20. Assignment

Customer shall not have the right to assign this Agreement without the prior written consent of Silver Media. This Agreement shall be binding upon and inure to the benefit of Customer and Silver Media and their successors and permitted assigns.

21. Entire Agreement; Severability

This Agreement, together with the Order Form and any other documents or agreements identified in this Agreement, represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the parties agree that the remainder of this Agreement shall remain in full force and effect.

Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

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