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Terms of Service

Terms & conditions

This policy represents the our Terms of Services (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the TOS all customers agree to when they signup for any of the our web hosting, domain registration and/ or web designing services (the “Services”). We reserve the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any Services offered by us agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their Services. We retain the sole discretion to make judgment regarding any violation by any customer and may take action against any customer deemed to be in violation of these Terms including the cancellation of any customer’s Services without refund and/ or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for us providing each Service, you, as the customer, agree to the following Terms.

Definitions

“We”, “Us”, “Provider” or “SGNIX” – SGNIX Network. “You”, “Your”, “Client”, “Customer” or “Member” – Each person or entity who applies for Services provided by SGNIX Network or is a designate of anyone who applies for Services provided by SGNIX Network.

Disclaimer of Warranty

In general, the Internet and web hosting rely on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all Services may be available to you at all times.

We, however, target an uptime of 99.9%. We pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime. However, we are not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of our capability to directly correct. Our clients are diverse and their websites and the function of those websites are diverse. We cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

We make no express or implied warranties (including but not limited to warranties of non-infringement, merchantability or fitness for a particular use) with respect to the Services we provide. Neither us nor any one else involved in the provision of Services is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of Services provided herein, whether or not such damages resulted from the negligence of us, even if we have been advised to the possibility of such damages.

Limitation of Liability

In no event shall we be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of website contents, email data and or database contents) arising out of or in relation to this agreement or your use or inability to use our Services (including, but not limited to, inoperability of our servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if we has been advised of the possibility of such damages. In no event shall our maximum liability exceed the total amount paid by you to us for the Services during the prior twelve (12) months. To the extent applicable local law does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend and hold us and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto third-party servers. Such liabilities may include, but are not limited to, those arising from the following:

(a) with respect to your business,

(i) infringement or misappropriation of any intellectual property rights;

(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or

(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;

(b) any damage or destruction to third-party equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;

(c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by our gross negligence or willful misconduct; and

(d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be governed by and shall be construed, interpreted and enforced in accordance with the laws of the Republic of Singapore, without reference to principles of conflicts of law. The parties agree that the sole and exclusive venue for any and all disputes arising hereunder shall be in any trial court located in Singapore. The parties hereby irrevocably consent to the jurisdiction of the appropriate court in Singapore.

Use of Services

We provide web space and bandwidth rental to our customers and act as an agent between our customers, other web space and bandwidth providers, and the respective domain naming authorities for the express purpose of allowing customers to provide Internet content to the general public through their registered domain names. The Services allows our customers to maintain websites, email accounts and access web space. Our members will use the provided Services in a manner consistent with any and all applicable laws. We provide the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. We reserve the right to refuse Services to potential and/ or existing customers to protect its existing paying customers. If any of the below violates are committed, we can terminate client’s account without notification.

We also provide timely web site hosting support to our clients through email and live chat. By accepting our TOS policy, you agree not to abuse whether verbally or physically or whether in person, via email, live chat or otherwise any other customer of ours and any employee or contractor of ours.

Client Content

You agree that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of ours or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to us or any third party.

Unacceptable uses comprises: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. We will be the sole and final arbiter as to what constitutes a violation of this policy.

We do not normally monitor the contents of clients servers, however if suspicion occurs, we reserve the right to investigate and terminate your subscription to the Services or remove the files which are violating the Terms here.

Unlimited Disk Space & Bandwidth

We do not set limits on the disk space and bandwidth (data transfer) in our Basic and Unlimited plans. We want you to have the resources available to build a great online presence. However, we need to ensure that we are maintaining a high quality of Services to all of our customers. As such we require all of our customers to be fully compliant with our Excessive Resource User Policy and utilise disk space and bandwidth typical to the normal operation of a personal or small business website.

If your web hosting account is found to have violated the Client Content, Excessive Resource User Policy and/ or is storing files (particularly multimedia or backup files on our shared hosting services with unlimited disk space) for archival or distribution purposes, the contents will be removed and while we make best effort to contact you before hand, deletion can occur without notice.

Excessive Resource User Policy

Excessive CPU, bandwidth or disk space usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.

Excessive resource usage – CGI scripts or other executable code that consumes an undue amount of CPU time (defined dynamically by us at will) will be reprioritised if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. We reserve the right to terminate any process which it deems to be using excessive resource usage.

Background Processes

Background process (that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server) are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from us is server abuse.

Pornography

We prohibit the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through our third-party servers.

No “Spam”

UCE/ UBE or “Spam” originating from a server located on our network or associated with a third-party server is not tolerated. This includes any email that promotes web sites hosted on a server located on the our network but is sent from an email address not associated with that account of ours. You shall not use the Services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. We reserve the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

Excessive Exploits

We allow 3rd party scripts to be uploaded/ installed from our auto-installer or manually (those scripts that are/ are not included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or we reserve the right to terminate that clients’ account and provide them with a prorated refund.

False Information

You agree not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact us concerning unethical, false or unlawful activities by you, we reserve the right to suspend or terminate your Services with or without notice.

Licensed Software Only

You agree to use only properly licensed third party software in connection with your use of the Services. Copyright software, warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our Services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other laws are grounds for instant termination of Services.

Warez sites are sites that are typically used by “hackers” to trade (upload/ download) illegally pirated copies of software programs with one another. We have a zero-tolerance policy on all warez sites. Web sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/ software companies of the copyrighted software.

Illegal Content

In the same way that storing illegal content on your account is banned, likewise is the utilisation of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a our servers.

IRC sessions

Using our servers to run an Internet Relay Chat (IRC) session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any of our server. Running IRC from our servers makes them targets for attack. Do not run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited. We will give no warning before terminating this activity and the account responsible.

Hacking/ Denial of Service

Network activity that constitutes an attack on any internet host is grounds for immediate termination of likely prosecution.

File Download/ Storage Services

We prohibit the use of any portion of our Services to be used primarily to distribute unusual amount of multimedia files. Our Services are also not for archiving (i.e. storage, keeping a copy or backup, etc.) data, files, videos, MP3s or other multimedia files. Multimedia files are defined as any graphics, audio, and video files and may include (but not limited to) files with the following extensions: .PSD, .DAT, .MP3, .MP4, .MPEG, .BZ2, .ZIP, .GZ, .7Z, .TAR, .TAR.GZ, .ISO, .RAR. Such files may be removed by our system administrators without notice, particularly on our shared hosting services.

Proxy Websites

Proxy websites and similar are prohibited.

Reselling

We prohibit any portion of our Services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, web space and bandwidth (this includes image hosting and file/ data hosting services, either free or subscription/ fee based).

Any reselling of our Services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances.

Backups

We perform nightly backups of shared and cloud servers. However, please note that these backups are for our administrative purposes only and are in no way guaranteed for your restoration purposes. Customers are responsible for maintaining their own backups on their own personal computers. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups but assume no responsibility for this duty. Always back your site up to your personal computer. We make no guarantees about the availability of backups.

We prohibit the use of our Services to be used for storing copies of backups and reserve the right to delete these files without any advance notification.

Domain Name Registration/ Transfers

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us.

Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website.

Domain renewal reminders will be sent in advance of expiration via email to the address stored in your Client Area account.

Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than S$200.

.SG domain registrations

The Singapore Network Information Centre requires all new .SG domain names registered from 2 May 2013 to undergo compulsory verification using SingPass. This verification is known as [email protected] and it is to be carried out by the administrative contact of a domain name to verify the identity and contact information of the registrant.

In order to facilitate the registration of your .SG domain in a timely manner and to reduce the administrative resources required to complete the registration, you agree for us to register the .SG domain on your behalf using details of our business/ individuals, and be placed under our domain identity protection service.

You may opt-out of this domain identity protection service at any time by contacting us. Thereafter, your domain contact information will be updated to your individual/ business details accordingly. You will also be required by the registry to verify the domain’s change of identity using SingPass.

For more information on [email protected], please refer to http://verifiedid.sgnic.sg/faq.html.

Payment, Renewal, Cancellations

Payment Obligations

Full payment is required in advance before web hosting and domain registration/ transfer services is established. We send out invoices that are due every pay period. You are given 28 days to fully pay the invoice.

You warrant and represent that the information you supply in the order form (or other information that we may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by the due date, your account will be suspended. It is your responsibility to ensure that payment is made to us prior to the renewal date. Although we send renewal notices to our customers prior to their renewal date, because of the ability for you to change your contact email addresses without notifying us, your are ultimately responsible for remembering your renewal date and to make sure payment is made upon the renewal.

Renewals

Your Services will be automatically renewed as soon as payments have been made to the generated invoices. For Services which had been granted a discount on their initial purchase to reduce the cost of signing up with us, these discounts are good for only the initial purchase and activation of your Services and will not be applied to the renewal of these Services.

Suspensions

You have the option to pay an invoice at any time by logging into your Client Area account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than 7 days (the grace period), the account is automatically suspended. To reactivate an account that is suspended for failure to make payment within the grace period, a payment for the original invoiced amount must be made to us.

Suspended accounts which have been suspended for 7 days will be automatically terminated thereafter.

Cancellation & Refunds

Should you become dissatisfied with our web hosting service (domain registration and web designing services not included) within the first 45 days of your web hosting account activation, we will refund your web hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available to you after the 45 days of account activation. You may, however, cancel your account at any time in order to make sure that your account is not renewed. You will need to contact us and verify information before cancellation takes place.

Accounts which have negative balances will be sent to collections and all Services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain names transferred to us incur an additional year of registration and therefore are considered a domain registration. Refunds are not available for additional services which you may purchase from us.

Web site files are your responsibility and should you decide to cancel your web hosting service, it is the your responsibility to make sure that the files have been backed up and copied elsewhere. Once the cancellation request has been submitted to us, a cancellation of the web site hosting service may occur anytime after the request is received by us. When a cancellation request is completed, your web hosting account with us and your web site files are permanently removed from our servers. Therefore, it is your obligation to ensure that the website files have been copied off site prior to your cancellation request.

99.9% Uptime Guarantee

If your web hosting service drops below 99.9% uptime in any given month, you may request for a credit to your Client Area account. Uptime level is calculated by our monitors only.

Please note that this guarantee applies only to unscheduled outages. Occasional planned server/ network maintenance may be necessary. In all but the most urgent cases, we will send out an email notifying customers of maintenance that is to be performed. When notice is sent at least 30 minutes prior to service interruption, the outage does not qualify for our uptime guarantee.

Service credits are calculated as follows:

  • 100% – 99.9% uptime: No credit
  • 99.9% – 99.5% uptime: 5% credit
  • 99.5% – 99% uptime: 10% credit
  • 99% – 98% uptime: 15% credit
  • 98% – 95% uptime: 25% credit
  • Less than 95% uptime: 100% credit

Service credits issued for downtime are issued in the form of credits to your Client Area account, and will be automatically applied to future invoices. Cash refunds will not be issued as a result of downtime.

Website availability guarantee does not include downtime that is out of our control, including but not limited to: upstream network outages, internet backbone congestion, outages caused by acts of god, and facility power failures. Account must also be in good standing and not in violation of our Terms. Service credits should be requested at the end of the month for the current month or one week into the following month of the current month. Back credits will not be applied.

45-Day Money Back Guarantee

We offer an unconditional 45-day money back guarantee that covers cancellations of a web hosting account made during the first 45 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, you will be refunded all hosting charges made to your credit card minus any transaction fees or domain name registration/ transfer charges which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/ or abuse of this agreement. Domain names of customers which leave our web hosting service will be refunded the package price total less the domain registration/ transfer charges if the customer leaves our web hosting service within the 45 day money back guarantee.

Affiliates Program

As part of a marketing effort to distribute our unique web hosting plan, we offer affiliates (particularly web designers and other users who maintain a portfolio of their clients) an opportunity to earn commission of S$15 per successful referral subject to the TOS under this document.

The affiliates program aims to grow the number of web hosting clients referred through unique referral links posted on our affiliates’ websites, banner ads or other advertising mediums. We reserve the rights to terminate an affiliate’s status and forfeit its commission balances if any of the TOS are violated.

Enrollment

To begin the enrollment process, you must first have our Client Area account. Your affiliate status can then be activated immediately through My Referrals of the Client Area.

Utilising Links on Your Site

As an affiliate website of us, you may use any form of promotion you choose, consistent with the Terms here. You may use banner advertisements, button links and/or text links to our site, however, you must not spam. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk email program will result in your immediate termination from the program and your forfeiting of monies otherwise due you hereunder.

Commissions

We offer commission to an affiliate for every new web hosting client referred to us by the affiliate. The amount of signup commission is S$15 per successful referral and will be available for withdrawal after a holding period of 60 days from the referral’s signup date.

Payout

All affiliates begin with S$0 in their commission balance. The minimum amount affiliates have to reach before making a withdrawal is S$100. Once the balance in the affiliate’s commission account is S$100 or more, you may click on the ‘Request Withdrawal’ button to contact us for a withdrawal. Please allow up to 72 hours for the commission to be paid out via PayPal/ Internet Bank Fund Transfer from the time of request.

Cancellation

An affiliate may cancel his status as an affiliate at any time and may do so by contacting us. Upon receiving the cancellation request, we will proceed to deactivate the affiliate’s unique referral link and commission account. Any amount remaining in the commission account will be forfeited if not withdrawn before the request for cancellation.