The following agreement is between Acme Commerce Sdn Bhd (“ACSB”) and You (“client”).
Now Therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
ACSB shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or ACSB’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
ACSB will exercise no control whatsoever over the content of the information passing through the network except for what is noted in Section J of this agreement. ACSB will not host any material that is, in ACSB sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Please contact ACSB if uncertain of the nature of your content. ACSB makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
ACSB also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ACSB is at the Client’s own risk, and ACSB specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. ACSB expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ACSB specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Client may not run background processes on ACSB’s servers. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service
The Customer certifies that he or she is at least 18 years of age.
ACSB will make every effort to protect the privacy of ACSB’s clients. ACSB will not reveal personal information regarding its clients. ACSB cannot however protect privacy through the Internic registration database as this information is open to the public.
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.
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
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.
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.
Under this TOS, the Customer has the option, through the Order Form or as part of service activation within the Control Panel, to request ACSB to register a new domain name on behalf of the Customer. Customer understands and acknowledges that ACSB is not a Domain Registrar and that ACSB will register new domain names through a Domain Registrar partner selected by ACSB. Customer understands that the domain registration process requires ACSB to pass Customer Information to the Domain Registrar partner and such information may become public information. ACSB will not be responsible if a domain name is not available for any reason. ACSB will not be responsible for any infringement of any third party rights caused by its domain registration on behalf of Customer. For such new domain name registrations, Customer shall comply with the then current Domain Name Terms and Conditions posted at our current domain registrar partner’s website at https://opensrs.com/docs/contracts/exhibita.htm, ICANN Uniform Domain Name Dispute Resolution Policy posted at http://www.icann.org/dndr/udrp/policy.htm, and Registrant’s Benefits and Responsibilities Under the 2009 Registrar Accreditation Agreement posted at http://www.icann.org/en/resources/registrars/registrant-rights/benefits. ICANN also provides Registrant educational materials at http://www.icann.org/en/resources/registrars/registrant-rights/educational.
If the domain name expires, the domain name will become inactive and will enter a grace period. The customer can renew their domain after its expiration through the ACSB control panel during the grace period. If the domain has expired and passes the grace period, the domain name enters the redemption period and the customer must contact ACSB billing department to renew. If the customer desires to obtain rights to the domain name that is in the redemption period, the customer will be charged $150 to reclaim their rights to the domain name. If the domain is beyond the end of the redemption period, the customer understands that ACSB can no longer renew the domain name.
ACSB may from time to time, vary or modify the terms and conditions of this Agreement (including any Policies) by posting/update a revised version on the ACSB Official Website. The modified terms will become effective upon posting or, if ACSB notifies You by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, You agree to be bound by the modified terms. It is Your responsibility to check the ACSB Website regularly for modifications to this Agreement. ACSB last modified this Agreement on the date listed at the beginning of this Agreement.