Terms & Conditions
1. BILLING & PAYMENT TERMS When paying by cheque or bank draft, please make it out to 'Success Idea IT Services'. The following are the details you require to transfer the payment to our bank account:Name of Bank : Malayan Banking Berhad
Address of Bank : Damansara Jaya
Account Name : Success Idea IT Services
Account No. : 512688201334
IMPORTANT. PLEASE NOTE On the Maybank Deposit Slip, Please write YOUR domain name in the DESCRIPTION section. Please request the bank teller to type in your domain name into the computer. Domains will NOT be setup until we receive a scan of the deposit slip sent to us via email or through fax.To expedite your order, we recommend that you email us a scan of your deposit slip to email@example.comKindly email or fax us a copy of the Bank Draft
as proof of payment to:Email : firstname.lastname@example.org
Fax number : (03)7727 9366
Your account will be activated once the payment has been transfered and proof of payment emailed or faxed to us.
Walk-in Cash SalesWe do not entertain any walk-in sales. If you insist on paying cash and if you are located in the Petaling Jaya area, we can arrange for a representative to meet up with you. Please email email@example.com with your domain name and hosting package so that an invoice can be generated and to schedule an appointment.If you have any questions regarding our hosting or design packages that is not addressed in our website, please write to firstname.lastname@example.org're glad to answer any questions.We encourage all our clients to make payments via Maybank or wire transfer. Cheques mailed in will need to clear before hosting account is setup and Success Idea IT Services will not be held responsible for any missing or late mail (post). We currently do not accept any orders from outside Malaysia.
2. DOMAIN NAME REGISTRATION (.com/ .net / .org)To register your new domain name, you will be charged a yearly fee of RM50. This is an external third party cost and goes to InterNIC, an independent organization responsible for holding the registration and routing of Internet domain names. This applies only if the domain name you require is available. If you are transferring your already registered domain name from another provider, this domain registration fee of RM50 is waived.Kingofhosting.com provides premier web hosting services to many clients, and we have a responsibility to protect each and every client by providing the best services available. These guidelines, which are applicable towards all domains residing on kingofhosting.com servers, ensure that these obligations are met. We currently DO NOT register any .my domains.
To register a .my please go to www.mynic.netWhen Registering a .my domain with Mynic, please make sure you point the DNS over us with the information provided below (if you require your .com.my domain hosted with kingofhosting.com ).Primary Name Servers
MYNIC Handle: NS3NOYE61.SER
184.108.40.206Secondary Name Servers
MYNIC Handle: NS0NOYE16.SER
3rd Name Servers
MYNIC Handle: NS1NOYE2.SER
Appoint yourself as the Technical Contact
DNS can easily be modified by yourself at mynic.net.my website in the future.3. CONTENT
All services provided by kingofhosting.com are to be used for lawful purposes only. Any transmission, storage, or presentation of any information, data or material that violates any local law is prohibited. This includes, but is not limited to copyrighted materials, materials that we deem threatening or obscene, or materials protected by trade secret or other statutes. As a subscriber, you agree to indemnify Kingofhosting.com from any liability or any claims resulting from damages to the subscriber or any other party through use of the service. Pornography and other adult-oriented merchandise and content are strictly prohibited on all kingofhosting.com servers. This is inclusive of web sites that infer or hyperlink to adult-oriented or sexual content. Kingofhosting.com will be the sole arbiter to determine violation of this provision. Sites and links to sites that promote illegal activity or materials that may be damaging to Kingofhosting.com or its servers, or any other servers on the internet, are also prohibited. Some examples of unacceptable materials or links are:
· Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators, DIVX movies, DIVX TV Shows, DVDs and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
· Pirated software, movies or PC/Console games
· Content that promote hate
· Copyrighted media, includes but not limited to: Video, Music, TV, Movies, Radio
· Infringement on any third party's intellectual property or proprietary rights, or rights of publicity or privacy
· Content that violate any law, statute, ordinance or regulation
· Bit Torent trackers, sites offering links to downloads.
· Content that are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
· Viruses or other computer programming applications uploaded which we view as malicious.
· Contain Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements of adult sites.
· Any Site that consumes more than 20% of system resources These are the types of sites that may require more than 20% of our systems resources: domains with archives or galleries, and domain accounts offering files for download. Even though it is all right for your web site to contain such files, if at any time they take up over 20% of our systems resources, you will be required to resolve the problem. kingofhosting.com will be the sole arbiter as to what constitutes a violation of this provision.
4. CHATROOMSDue to the fact that chat rooms take up a huge percentage of systems resources, subscribers are not allowed to install their own chat rooms that use systems resources (php/cgi/asp).
IRC or IRC bots are currently not allowed to be operated on kingofhosting.com servers.
6. BACKGROUND RUNNING PROGRAMS
Programs continually running in the background may be allowed on a case-by-case basis upon evaluation. However, an extra charge may be incurred depending on the systems resources utilized and any operational maintenance required.
7. SERVER ABUSE
Any attempts to undermine or cause harm to an kingofhosting.com server or another customer of Kingofhosting.com is strictly prohibited and will be prosecuted.
8. COMMERCIAL ADVERTISING VIA EMAIL
Spamming or the sending of unsolicited emails from kingofhosting.com's servers or using an email address or domain that is maintained on kingofhosting.com's machines as reference is strictly prohibited. kingofhosting.com is the sole arbiter as to what constitutes a violation of this provision
9. REFUSAL OF SERVICE
Kingofhosting.com reserves the right to refuse, cancel, or suspend our service to any subscriber at our sole discretion.
10. DEACTIVATION & CANCELLATION FEES
If your account is deactivated due to non-payment/payment not cleared or misconduct such as carrying out illegal activity, illegal MP3 files, pirated software, hacker programs, Warez pirated software and games programs, or any other illegal files, a reactivation fee of RM50.00 is charged for reactivation. Also the relevant authorities will be notified of your actions.Note: External third party costs such as domain name registration charges will not be refunded. 11. LIMITATION OF LIABILITY
Kingofhosting.com shall not be liable for any claimed damages, including incidental and consequential damages that may arise from its servers going off-line or being unavailable for any reason whatsoever. Furthermore, kingofhosting.com shall not be liable for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of KingofHosting.com's servers. kingofhosting.com is not responsible for the restoration of data to server. We strongly recommend that you keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. kingofhosting.com shall not be liable for loss of data under any circumstance.All damages shall be limited to the immediate termination of service. Any queries or complaints should be addressed to: Support@Kingofhosting.com
12. DISCLAIMERKingofhosting.com is not liable for any system downtime, crashes, or data loss, nor for any predicted estimates of profits that a client would have gained if their site had been fully-functional. Some of the services provided by kingofhosting.com are resold. As such, some equipment, routing, software, and programming used by kingofhosting.com are not directly owned or written by KingofHosting.com. Furthermore, kingofhosting.com holds no responsibility for the use of our client's accounts. If any terms or conditions fail to be adhered to, the account in question will be automatically deactivated. We reserve the right to remove any account without advance notice or restitution, and for whatever reason that kingofhosting.com deems fit.
13. ACCOUNT ACTIVATION
By activating your account with kingofhosting.com, you hereby agree to adhere to the above terms & conditions and disclaimer. Upon requesting to activate an account, you are required to accept and adhere to these terms & conditions, and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.Note: If you sign up for an account and do not follow adhere to the terms & conditions, no refunds will be given. 14. RIGHT TO AMEND TERMS & CONDITIONS
Kingofhosting.com reserves the right to change, amend, or modify any or all of the above Terms & Conditions, and Disclaimer without further notification. We also reserve the right to increase the pricing of any of our services, and/or to make changes, amendments, or modifications to our packages without further notification.
15. TRAFFIC GUIDELINES
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 5 gigs (on average, close to a 100,000 hits per month) of free traffic/bandwidth per month:
· Sub hosting - any domain housing additional users
· Shareware, sound, video, image and multimedia archives
· Mirror sites
· Distribution points
· Any site whose primary purpose is file distribution
· All sites with files other than plain text webpages
16. CUSTOMER OBLIGATIONS
a The Customer shall be solely responsible for
(i) the installation, set-up, suitability, and configuration of his equipment, hardware, and software for access to the Services; and
(ii) obtaining, at his own cost, all licenses, permits, consent, approvals, and rights as may be required for using the Service and ensure that in using the Service, all applicable laws, rules, and regulations for the use of any telecommunications systems, service, or equipment, shall be complied with at all times. b The Customer undertakes and covenants to:
(i) comply with all notices and instructions issued, given, or notified by Kingofhosting.com from to time whether via the kingofhosting.com website or otherwise, in respect of use of the Service;
(ii) comply with the rules of any network to which the Customer gains access through the Service;
(iii) be solely responsible for all information and/or data retrieved, stored, and transmitted by the Customer through the use of the Service. c The Customer shall not use the Service:
(i) to gain unauthorized access to any computer system, whether or not connected to the Internet, or any information regarded as private by other persons;
(ii) to introduce, assist, or attempt to introduce any computer virus or any other harmful component to kingofhosting.com's or any other party's system via the Service;
(iii) to infringe or facilitate infringement of any intellectual property right of any person;
(iv) other than for the purpose for which it is subscribed and the Customer shall not share, rent, lease, offer, or in any manner whatsoever give access to the Service to any person without the prior written approval of kingofhosting.com. d The Customer acquires no rights, lien, or claim to any mailbox number, user account, circuit references, passwords, user identification names, and/or any codes assigned to him/her by kingofhosting.com
In the event that the Customer breaches any of the terms and conditions herein contained, Kingofhosting.com shall, upon giving notice to the Customer, without prejudice to all its legal rights and remedies, have the right to terminate this Agreement forthwith. Upon termination of this Agreement for whatsoever reason, kingofhosting.com may delete or retain as it considers appropriate all data, files, or other information that is stored on its server under the Customer's account.
18. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in respect of and pertaining to all aspects of the Service are the absolute property of kingofhosting.com or third parties involved with kingofhosting.com in the provision of the Service and nothing contained herein shall operate to assign to or vest any intellectual property rights whatsoever in or to the Customer.
19. LIMITATION OF LIABILITY
Kingofhosting.com does not give any warranty in respect of any software, code, or script provided by or made available by kingofhosting.com and kingofhosting.com shall not be liable to the Customer or any other party for any cost, claim, liability, expense, demand, or damages whatsoever (including any loss of profits, loss of savings, or incidental or inconsequential damages), or for the refund of any fees or charges whatsoever, arising out of the Customer's inability to use such software whether or not kingofhosting.com has been advised of the possibility of such damage, claim, or loss. Kingofhosting.com does not in any way guarantee, warrant, or represent end-to-end transactions throughout of any connection through the telecommunications network operator of internet service providers. kingofhosting.com shall not be liable for losses whatsoever incurred by Customer arising from network unavailability arising from failure of third party services (including but not limited to telephone and power services) whether or not such services were installed, provided, or organized by KingofHosting.com. The Customer hereby acknowledges and agrees that kingofhosting.com makes no representations or warranties, expressed or implied, as to the completeness, feasibility, reliability, or effectiveness of the Service, or that the Service shall be uninterrupted or error free, or that defects have been or will be corrected. In no event shall kingofhosting.com be liable to the Customer or any other party for any failure, disruption, downtime, interruption, miscalculation, incorrect linkage, delay, inaccuracy, or other non-performance of the Services for any loss of information or otherwise nor for any loss of business opportunity, consequential, indirect, special, or incidental damages as a result of interruption of the Service. Kingofhosting.com shall not be liable for any loss or damage sustained by the Customer by reason of any disclosure, inadvertent, or otherwise of any information, data or material concerning the Customer's account and particulars nor for any error, omission, or inaccuracy with respect to any information, data, or material disclosed.
20. SUSPENSION OF SERVICE
In amplification of and not in derogation to any of the rights of kingofhosting.com herein contained kingofhosting.com shall have the right in its absolute discretion to suspend the Service for such periods as it considers necessary for any reason that kingofhosting.com shall in its opinion decide warrants such suspension.
The Customer shall take all such measures as may be necessary (including and without limitation changing his password from time to time) to protect the secrecy of his/her user account and/or password and shall not reveal the same to any other person.
Kingofhosting.com shall have the right to serve any notice upon the customer by way of email as provided by the Customer in his application form and/or posting the same on the kingofhosting.com website, and such notice shall be deemed served upon transmission or posting by kingofhosting.com. For the avoidance of doubt, 'posting' in this context shall mean posting on the kingofhosting.com website.
No failure by kingofhosting.com to insist upon the strict performance of any term or condition of this Agreement nor any failure by kingofhosting.com to exercise any right or remedy consequent upon any breach of any such term or conditions shall constitute a waiver by kingofhosting.com of any such right or remedy. No such forbearance by kingofhosting.com shall affect or alter this Agreement. Each and every term and condition of this Agreement shall have full force and effect.
24. FORCE MAJEURE
Kingofhosting.com shall not be liable for any breach of this Agreement arising from causes beyond its control including but not limited to acts of God, insurrection, civil disorder, failure of third parties to provide services as contracted, war or military operations, national or local emergency, acts or omissions of government or other governmental authorities, industrial disputes of any kind (whether or not involving any of kingofhosting.com employees), fire, lightning, explosion, flood, subsidence, inclement, weather, acts or omissions of persons or bodies for whom kingofhosting.com is not responsible or any other cause whether similar or dissimilar outside kingofhosting.com control.
25. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of Malaysia whose courts shall be the courts of competent jurisdiction.
Each Clause hereof shall be deemed to be independent and the invalidity of any Clause which may be unenforceable as contrary to the principles of law of any country shall not affect the validity of any other Clause of this Agreement.