 The
Web Hosting Service Company and REPERAGES GROUP (THAILAND) CO.,
LTD.
- Terms of Service (TOS)
Use
of the Web Hosting Service constitutes acceptance and agreement
to the Web Hosting Service company's AUP (Acceptable Use Policy)
as well as the Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD.'s TOS (Terms of Service). From herewith
in this TOS and AUP the usage of us, we, our, ours, The Company
shall constitute reference to the Web Hosting Service company,
the usage of you, your, they, them, subscriber shall refer to
client / customer of REPERAGES GROUP (THAILAND) CO.; LTD..
Acceptance of Contractual
Agreement
1. Client agrees that by placing
an order either by means of electronic ordering (web order form)
or submitting a written contract, and receipt of such order
by REPERAGES GROUP (THAILAND) CO.; LTD., that you are agreeing
to our TOS, AUP, and SLA. No Modifications of said contract
by customer is allowed.
2. REPERAGES GROUP (THAILAND)
CO.; LTD. will provide, and Customer will purchase and pay for,
the Services, and service fees specified in the Purchase Order
for the applicable Service Description. Customer acknowledges
that the service, and service fees have been communicated to
the customer, and that they are aware of all applicable charges
as per contract, AUP and TOS. Customer also understands that
any promotional offers unless specified in contractual terms
will not be applicable to their individual service.
3. In connection with any Hosting
Services, if Customers actual bandwidth usage in any month exceeds
allotted amount, specified in Customers contract, Customer will
pay REPERAGES GROUP (THAILAND) CO.; LTD. any additional fees
as specified in the Service Description.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may
disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or
notification to the Subscriber. In addition the Web Hosting
Service company shall have the right to terminate all service
set forth in this Agreement.
Service Rates:
Subscriber acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time. The
promotional offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited to rates
charged to company by its suppliers.
Subscriber acknowledges that
the service provided is of such a nature that service can be
interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of
the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed
an amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company
be liable for any special or consequential damages, loss or
injury.
Payment:
Establishment of this service is contingent upon receipt of
payment from Customer to REPERAGES GROUP (THAILAND) CO.; LTD..
Subsequent payments are due on the anniversary date of the month/year
for that month's/year's service, according to initial agreement.
Any additional services relative to a primary hosting account,
will be prorated to the primary hosting accounts monthly/yearly
recurring billing date, along the following guidelines of prorating
methodology: (total monthly fees/ 30) * number of days to monthly
recurring billing cycle. Any setup fees will be charged full
setup fee pricing, and are applied at time of initial request
of such services.
Payments and Fees:
Payment is due on the defined monthly/yearly recurring billing
date of each month/year, according to initial agreement. Service
will be interrupted on accounts that reach 7 days past due.
Accounts will be terminated after another period of 7 days without
any notice. REPERAGES GROUP (THAILAND) CO.; LTD. will not be
responsible if you fail to renew your domain name registration
(paying to us the yearly fee) and you lose the use of your domain
name.
Delinquent Accounts:
REPERAGES GROUP (THAILAND) CO.; LTD. may temporarily deny service
or terminate this Agreement upon failure of Customer to pay
charges when due. Such termination or denial will not relieve
Customer of responsibility for the payment of all accrued service
fees.
Account Cancellation:
All requests for canceling any service / services must be made
in writing with at least 15 days notice.
Refunds and Disputes:
All billing disputes must be reported within 30 days of the
time the dispute occurred. Disputed charges to your credit card
issuer, also known as chargebacks, in REPERAGES GROUP (THAILAND)
CO.; LTD.'s discretion which is valid, under the terms and conditions
of our AUP, and TOS, will result in service interruption.
The Web Hosting Service company
& REPERAGES GROUP (THAILAND) CO.; LTD. reserve the right
to amend its policies at any time. All accounts of the Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.; LTD. must
adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation.
Indemnification:
The Web Hosting Service company & REPERAGES GROUP (THAILAND)
CO.; LTD. wishe to emphasize that in agreeing to the The Web
Hosting Service company's Acceptable Use Policy (AUP) and the
Web Hosting Service company & REPERAGES GROUP (THAILAND)
CO.; LTD.'s Terms of Service (ToS), customer indemnifies the
Web Hosting Service company & REPERAGES GROUP (THAILAND)
CO.; LTD. for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to the Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.; LTD. or
the bringing of any claim against the Web Hosting Service company
& REPERAGES GROUP (THAILAND) CO.; LTD.by any third-party.
This means that if the Web Hosting Service company & REPERAGES
GROUP (THAILAND) CO.; LTD. are sued because of a customer's
or a customer of a customer's activity, the customer will pay
any damages awarded against the Web Hosting Service company
& REPERAGES GROUP (THAILAND) CO.; LTD., plus all costs and
attorney's fees.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used, in that
order of preference.
A. A waiver by the Company
of any breach of any provision of this Agreement by Subscriber
shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision
thereof.
B. Subscriber shall not transfer
or assign this Agreement without the prior written consent of
the Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves right
to cancel customers rights under this contract at anytime without
further obligation.
C. The Web Hosting Service
company & REPERAGES GROUP (THAILAND) CO.; LTD. take no responsibility
for any material input by others and not posted to the Web Hosting
Service company Network by the Web Hosting Service company &
REPERAGES GROUP (THAILAND) CO.; LTD.. The Web Hosting Service
company is not responsible for the content of any other websites
linked to the Web Hosting Service company Network; links are
provided as Internet navigation tools only. The Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.; LTD. disclaim
any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation
of this policy.
D. The Web Hosting Service
company & REPERAGES GROUP (THAILAND) CO.; LTD. are not responsible
for any damages your business may suffer. The Web Hosting Service
company & REPERAGES GROUP (THAILAND) CO.; LTD. do not make
implied or written warranties for any of our services. The Web
Hosting Service company & REPERAGES GROUP (THAILAND) CO.;
LTD. denie any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused
by The Web Hosting Service company.
Responsibility for Content:
You, as REPERAGES GROUP (THAILAND) CO.; LTD.'s customer, are
solely responsible for the content stored on and served by your
the Web Hosting Service company.
The Web Hosting Service company
& REPERAGES GROUP (THAILAND) CO.; LTD. may provide you access
to other third party software and/or services ("Third Party
Products ") through reseller relationships the Web Hosting
Service company has established with certain commercial vendors,
including without limitation, Microsoft Corporation ("Third
Party Vendors"). Unless otherwise notified, Customer understands
that product support for Third Party Products is provided by
the Web Hosting Service company and not by the Third Party Vendor.
Neither the Web Hosting Service company & REPERAGES GROUP
(THAILAND) CO.; LTD. nor any Third Party Vendor makes any representations
or warranties, express or implied, regarding any Third Party
Products. Customer expressly acknowledges and agrees that use
of third party products is at customer's sole risk and such
third party products are provided "as is" and without
representation or warranty of any kind from the Web Hosting
Service company & REPERAGES GROUP (THAILAND) CO.; LTD. or
any third party vendor, including without limitation, any implied
warranty of merchantability, fitness for a particular purpose,
accuracy or completeness of responses or results, correspondence
to description, or non-infringement of third party rights. To
the maximum extent permitted by applicable law, neither the
Web Hosting Service company & REPERAGES GROUP (THAILAND)
CO.; LTD. nor any third party vendor will be legally responsible
for any damages, whether direct, indirect, or consequential,
arising from the use or inability to use any third party product.
Customer agrees to observe the terms of any license and/or applicable
end user subscriber agreement for third party products and that
customer shall be fully liable to third party vendors and the
Web Hosting Service company & REPERAGES GROUP (THAILAND)
CO.; LTD. with respect to any improper use of such third party
products or violation of license agreements with them and/or
applicable end user subscriber agreements.
Denial of Service:
We reserve the right to refuse service to anyone at any time
for any reason.
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