Terms of Service
The use of services from Hosting Asia [or "www.hostforasia.com"] constitutes agreement to these terms.
1a.) Account Setup / Email on file
We will setup your
account after we have received payment and we and/or our payment
partner(s) have screened the order(s) incase of fraud. It is your
responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an abuse issue or
we need to contact you, the primary email address on file will be used
for this purpose. It is your responsibility to ensure the email address
on file is current or up to date at all times. Providing false contact
information of any kind may result in the termination of your account.
In dedicated server purchases or high risk transactions, it will be
necessary to provide government issued identification and possibly a
scan of the credit card used for the purchase. If you fail to meet
these requirements, the order may be considered fraudulent in nature
and be denied.
1b.) Transfers
Our transfers team will make every effort to help
you move your site to us, however, we can not make guarantees of the
transfer process. We provide this as a courtesy service and can not
make guarantees regarding its availability or the amount of time it may
take as each host is configured a little differently. We will try our
best, however, in some cases we may be unable to assist you in a
transfer of data from an old host.
2.) Content
All services provided by Hosting Asia may only be used for lawful purposes. The laws of the Republic of Singapore apply.
The customer agrees to indemnify and hold harmless Hosting Asia from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@hostforasia.com with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared and Reseller servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Examples of unacceptable material on Virtual Private Servers and Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
We
reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene or threatening is prohibited and will be
removed from our servers with or without notice.
Failure to
respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues
must be dealt with via troubleticket/email and will have a response
within 48 hours.
If in doubt regarding the acceptability of
your site or service, please contact us and we
will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited
to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography
will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you
may terminate the account. We will further monitor your activity; more than
one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs
installed under your account are secure and permissions of directories
are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive
as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such
as username and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and
your password is found to be weak, we will notify you and allow time
for you to change/update your password.
You can use this tool to generate passwords.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated with or
without notice.Please read Mailing Policy for our generalized email policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Hosting Asia reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Hosting Asia reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Hosting Asia.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Hosting Asia, in advance of the time period during which such services are
provided. You agree that until and unless you notify Hosting Asia of your
desire to cancel any or all services received, those services will be billed
on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all
necessary information with you via e-mail, we will inform you that your
account has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
As a client of Hosting Asia, it is your responsibility to
ensure that your payment information is up to date, and that all
invoices are paid on time. Hosting Asia provides a 10 day grace period
from the time the invoice is due and when it must be paid. Any invoice
that is overdue for 10 days and not paid will result in a $10 late fee
and/or an account suspension until account balance has been paid in
full.
Invoices that have been paid more than once with
multiple Paypal Subscriptions can only be added as credit towards the
account and cannot be refunded via Paypal. If you require assistance
with this provision, please contact sales@hostforasia.com.
Hosting Asia reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Hosting Asia is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on Hosting Asia servers.
6.) Cancellations and Refunds
Hosting Asia reserves the right to cancel the account at any time with or
without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form Hosting Asia gives you an unconditional 15 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
- Checks
- Money orders
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after the intitial 15 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension.
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup
system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly
create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start
of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored --
the 15 day money back guarantee does not apply. We reserve the right to
refund a prorated amount or no refund at all.
Each of Hosting Asia's managed shared and reseller servers carry a 15 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of Hosting Asia
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the uptime
reported by other individual services. To request a credit, please contact sales@hostforasia.com with justification. All requests must be made in
writing via email. Uptime guarantees only apply to shared / reseller
solutions. Dedicated servers are covered by a network guarantee in
which the credit is prorated for the amount of time the server is down
which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Hosting Asia does
not provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client.
All support requests must be made by the reseller on their clients'
behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller account and the
actions of their clients'. Hosting Asia will hold any reseller responsible
for any of their clients actions that violate the law or the terms of
service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared
accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semidedicated servers
are not backed up. You must maintain your own backups.
12.) Dedicated Servers
Hosting Asia reserves the right to reset the password on a dedicated
server if the password on file is not current so that we may do
security audits as required by our datacenter. It is the responsibility
of the client to ensure that there is a valid email address and current
root password on file for their dedicated server on file to prevent
downtime from forced password resets. Hosting Asia reserves the right to
audit servers as needed and to perform administrative actions at the
request of our datacenter. Dedicated servers are NOT backed up by us
and it is the responsibility of the client to maintain backups or have
a solution for this. You may purchase an additional hard drive and
maintain backups to it as the most simple solution. Please contact sales@hostforasia.com if you wish to obtain a secondary hard drive. It is
your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on our website, and
the right to increase the amount of resources given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Hosting Asia
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Hosting Asia, its agents,
its customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product sold
by customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Hosting Asia against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Hosting Asia; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products sold to customers from Hosting Asia's server.
14b.) Arbitration
By using any Hosting Asia services, you agree to submit to binding arbitration.
If any disputes or claims arise against Hosting Asia or its subsidiaries, such disputes
will be handled by an arbitrator of Hosting Asia's choice. An arbitrator from the American
Arbitration Association or the National Arbitration Forum will be selected in the state of Texas.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.
All decisions rendered by the arbitrator will be binding and final. The arbitrator's
award is final and binding on all parties. The Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under this Arbitration Clause.
You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
Hosting Asia shall not be responsible for any damages your business may suffer.
Hosting Asia makes no warranties of any kind, expressed or implied for services
we provide. Hosting Asia disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions caused
by Hosting Asia and its employees.
16.) Disclosure to law enforcement
Hosting Asia may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies. We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
Hosting Asia reserves the right to revise its policies at any time without
notice.
18.) Contacting Us
If you have any questions about our Terms of service, please contact us here.
(Last updated on Feb. 2006)