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The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
SAVVY E HOSING shall be the sole judge of what violates this Policy.Indemnification Policy:
You agree to use all SAVVY E HOSTING services and facilities at your own risk. SAVVY E HOSTING specifically disclaims all warranties of merchantability for a particular purpose. In no event shall SAVVY E HOSTING be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold SAVVY E HOSTING harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SAVVY E HOSTING, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SAVVY E HOSTING against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with SAVVY E HOSTING’s server.
Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from SAVVY E HOSTING server.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.SPAM Policy:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately disabled. The services will not be enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice
SAVVY E HOSTING is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the savvyehosting.com network, by customers or any other users of the savvyehosting.com network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the SAVVY E HOSTING server.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending SAVVY E HOSTING account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the SAVVY E HOSTING service is in violation of this AUP.
Usenet SPAMMING: SAVVY E HOSTING has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
We react very quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an SAVVY E HOSTING email address or web site URL is prohibited. The use of SAVVY E HOSTING servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of $500.
SAVVY E HOSTING shall be the sole judge of what violates this Policy.Content Policy:
All services provided by SAVVY E HOSTING may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Law in Singapore is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless SAVVY E HOSTING from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all SAVVY E HOSTING servers. This includes sites that may infer sexual content, or links to adult content elsewhere. SAVVY E HOSTING will be the sole arbiter in determining violations of this provision.
Illegal use: SAVVY E HOSTING's services may not be used for illegal purposes, or in support of illegal activities. SAVVY E HOSTING reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the SAVVY E HOSTING service to harm, or attempt to harm, minors in any way..
Threats: Use of the SAVVY E HOSTING service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the SAVVY E HOSTING service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of SAVVY E HOSTING service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the SAVVY E HOSTING service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending SAVVY E HOSTING account.
Copyright or trademark infringement: Use of the SAVVY E HOSTING service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of the SAVVY E HOSTING service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the SAVVY E HOSTING service for any activity which affects the ability of other people or systems to use SAVVY E HOSTING Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. SAVVY E HOSTING will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using SAVVY E HOSTING services could result in suspension service.
Third Party Accountability: SAVVY E HOSTING subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Violation Of SAVVY E HOSTING Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to SAVVY E HOSTING servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Hacker programs or archives
SAVVY E HOSTING shall be the sole judge of what violates this Policy.CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts that do not violate our TOS you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other SAVVY E HOSTING customers. SAVVY E HOSTING is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function.
Please don't expect our support tech's to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.Chat Policy:
SAVVY E HOSTING does not allow chat rooms.Network:
IP Address Ownership: If SAVVY E HOSTING assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to SAVVY E HOSTING, and Customer shall have no right to use that Internet Protocol address except as permitted by SAVVY E HOSTING in its sole discretion in connection with the Services, during the term of this Agreement. SAVVY E HOSTING shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by SAVVY E HOSTING, and SAVVY E HOSTING reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $50 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of SAVVY E HOSTING.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). SAVVY E HOSTING will monitor Customer's bandwidth and disk usage. SAVVY E HOSTING shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in SAVVY E HOSTING sole and absolute discretion. If SAVVY E HOSTING takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, SAVVY E HOSTING may, at its sole discretion, collect a deposit, in an amount determined by SAVVY E HOSTING, against customer's credit card on file with SAVVY E HOSTING.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the SAVVY E HOSTING Network. Violations of system or network security may result in civil or criminal liability. SAVVY E HOSTING will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled
CPU & Memory:
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.
Any Hosting Account / Reseller Account / E-mail Hosting Account may not use more than 1% CPU daily, 3% memory daily, run more than 5 simultaneous processes, allow any process to run for longer than 15 seconds CPU time, run any process that consumes more than 10% of available CPU at any time, or run any process that consumes more than 16 MB of memory. Databases are limited to 8 max user connections with a max query time of 5 seconds. Cron jobs must not execute more than once every hour and will be niced to 15 or greater.
Data transfer and webspace allocations :
Customers can request a package upgrade at the costs available to view on our website at http://www.savvyehosting.com. It is the sole responsibility of the customer to contact us in advance of upgrading to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us
Suspension of Service or Cancellation:
SAVVY E HOSTING reserves the right to suspend network access to any customer if in the judgment of the SAVVY E HOSTING network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which SAVVY E HOSTING chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated.
SAVVY E HOSTING reserves the right to amend its policies at any time. All resellers of SAVVY E HOSTING must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
Refusal Of Services:
We Reserve the right to refuse,cancel or suspend services at our sole discreation.
It is the clients responsibility to do all backups of their site. If, in the unfortunate event, something happens to your files, it is your responsibility to have a local copy of your files. We are NOT held liable in any way for any files, money, time, effort, etc... lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises what so ever about whether the files will be brought back successfully or not. Again, back ups are the client's responsibilityREPORTING VIOLATIONS OF SAVVY E HOSTING AUP
SAVVY E HOSTING requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at email@example.com
If available, please provide the following information:
· The IP address used to commit the alleged violation
· The date and time of the alleged violation, including the time zone or offset from GMT
· Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. SAVVY E HOSTING may take any one or more of the following actions in response to complaints:
· Issue written or verbal warnings
· Suspend the Member's newsgroup posting privileges
· Suspend the Member's account
· Terminate the Member's account
· Bill the Member for administrative costs and/or reactivation charges
· Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax contacts are used, in that order of preference.
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.
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.
SAVVY E HOSTING takes no responsibility for any material input by others and not posted to the SAVVY E HOSTING Network by SAVVY E HOSTING. SAVVY E HOSTING is not responsible for the content of any other websites linked to the SAVVY E HOSTING Network; links are provided as Internet navigation tools only. SAVVY E HOSTING disclaims 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.
SAVVY E HOSTING is not responsible for any damages your business may suffer. SAVVY E HOSTING does not make implied or written warranties for any of our services. SAVVY E HOSTING denies 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 including equipment failure.Responsibility for Content:
You, as SAVVY E HOSTING customer, are solely responsible for the content stored on and served by your accountModification
We reserves the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with or without notice provided. All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.
99.9% Uptime Guarantee
You pay us so that your site will be online. When it's not online, you shouldn't have to pay. It's that simple. We rarely have server issues that result in downtime, but on occasion, we will encounter a hardware or software issue that may cause a brief service interruption. Thus, we guarantee our network will be up 99.9% in a given month not counting well planned and announced service upgrades. We will refund the customer 5% of the monthly fee per 30 minutes of downtime, up to 100% of the customer's monthly fee.
Contact our billing department to request pro-rated refund in accordance with our SLA.
Refunds will be given at the discretion of the Company Management. All fees outside of our 30-day money back guarantee are non-refundable and non-negotiable. The 30-day money back guarantee only pertains to shared hosting plans. Any setup fees are NON-refundable. The cost of the domain (e.g. SGD20 for .com and SGD50 for .sg) will be deducted from the refund amount if a free promotional domain was registered. Domain names are not applicable for any refunds, but the domain name will still be rightfully owned by the registrant. All credit card payments are subjected to 5% transactional charges from our payment processor, which will be deducted from the total refund amount.
Any violation of SAVVY E HOSTING Terms of Service Agreement shall result in no refund.