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H)
Termination |
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01. |
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal or fax transmission. ACSB reserves the right to verify all cancellations before terminating service. Notwithstanding the above, ACSB may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. |
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At any time ACSB believe that the service is being utilized by client causes any kind of network or server problem or disturbance, ACSB may immediately terminate service without liability and without refund. |
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All data not limiting to web and email will be deleted immediately if the termination is due to breach of contract, otherwise to be deleted 40 days after the date of service expiry.
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I)
Limited Liability |
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01. |
Client expressly agrees that use of ACSB's Server is at Client's sole risk. Neither ACSB, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ACSB's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ACSB Server service, unless otherwise expressly stated in this Agreement. |
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Under no circumstances, including negligence, shall ACSB, its offices, agents or any one else involved in creating, producing or distributing ACSB's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ACSB Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ACSB's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ACSB's Server service. |
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03. |
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs. |
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J)
Lawful Purpose |
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Client may only use ACSB's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted materials, material judged to be obscene, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability or material protected by trade secrets. |
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K)
Indemnification |
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Client agrees that it shall defend, indemnify, save and hold ACSB harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ACSB, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ACSB against Liabilities arising out of |
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01. |
any injury to person or property caused by any products sold or otherwise distributed in connection with ACSB's Server; |
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any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; |
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03. |
copyright infringement and |
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any defective product which Client sold on ACSB Server. |
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M)
Contact Revisions |
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Revisions to this Contract will be
applicable to previous Contracts. Revisions will be
considered agreed to by the Client on renewal of ACSB
services as specified in Section A. |
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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. ACSB reserves the right to delete those files. |
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02. |
Clients may not use the account as storage facility or as a download site for MP3, softwares, offer free emails, free websites, free banner exchange services or any large scale free services. Customer may also not run any kind of chat script or create any kind of chating site using the hosting service. |
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N)
Value Added Reselling |
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Clients approved and authorized as ACSB's resellers are allowed to resell the storage and transfer services provided by ACSB as provided for in its standard product offering. Client agrees to handle and is responsible for all third-party client's content, support, set-up, maintenance and billing. Client agrees to having the necessary additional knowledge and skill level required. Client also agrees that they are responsible for all payments for accounts brought on by client under the reseller program. |
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This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services. |
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Category:
Reseller Program |
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Reseller Road Map
Signing up as reseller are easy
1. Complete Reseller Signup Form.
2. Place your first order using the Reseller Order Form at standard rate.
3. Your reseller accounts is active and you will enjoy reseller discounts from second accounts onwards.
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Inquiry? Please contact
sales@webserver.com.my |
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