Terms and Conditions, the Official Version:
This Services Agreement (the "Agreement")
contains the complete terms and conditions which govern your
subscription of Web hosting, e-commerce and other Internet-related
services provided by Phuket Island Holdings and Asian Servers Dot
Com (the "Services"). As used in this Agreement, "Phuket Island
Holdings and Asian Servers Dot Com" means Phuket Island Holdings
and Asian Servers Dot Com and "Client", "you" or "your" means you.
By clicking on the "buy or buy now, send or submit" button, you
acknowledge that you have read the Agreement, and you agree to its
terms and conditions and all policies posted on the Phuket Island
Holdings and Asian Servers Dot Com Site.
As referred to in this Agreement, "Site" refers to a World Wide
Web site and " Phuket Island Holdings and Asian Servers Dot Com
Site" refers to the Site located at the URL:
http://www.ThaiServers.com
or any other successor Sites owned or maintained by Phuket Island
Holdings and Asian Servers Dot Com.
----APPROPRIATE USE OF THE SERVICES----
Phuket Island Holdings and Asian Servers Dot Com
provides 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.
Client Content. Client agrees that it will not
distribute, electronically transmit or display any materials
supplied by Client - or through Client by a third party - to any
Phuket Island Holdings and Asian Servers Dot Com server in
connection with Client's use of the Services which:
Violate any state, federal or foreign laws or
regulations in any country where your web site may be viewed.
Infringe on any intellectual property rights
(e.g., copyright, trademark, patent or other proprietary rights) of
Phuket Island Holdings and Asian Servers Dot Com or any third party;
Are defamatory, slanderous or trade libellous;
Are threatening or harassing;
Are discriminatory based on gender, race, age or
promotes hate
Contain viruses or other computer programming
defects which result in damage to Phuket Island Holdings and Asian
Servers Dot Com or any third party.
BANDWIDTH/TRANSFER
Client may occupy only the amount of disk space
allocated to them on a Phuket Island Holdings and Asian Servers Dot
Com Server and utilize no more than the network bandwidth (max 10gb
per month) which is allotted by Phuket Island Holdings and Asian
Servers Dot Com.
Client may be charged a penalty for over-utilization of network
bandwidth after having received notice about excessive use of
bandwidth. Bandwidth is calculated as being for general day to day normal
server usages. For any site that exceeds bandwidth due to unnatural
or unusual usage excess charges may be applied. Examples of this
maybe a high activity of downloads (where the usage is not in
relation to site visits,) or use of an installed chat room already
on our system (again where the usage is not in relation to site
visits.)
Although we offer, in some packages, unlimited bandwidth, there is a
ceiling of 10gb per month which is well in excess of normal
requirements for most sites. If you think you may exceed this then
please contact us.
Any scripts that you may have installed which cause server
instabilities will be removed after prior notice has been given to
disable them. Especially notorious for this are php scripts that at
times use excess bandwidth.
Chat Rooms.
We offer 3 pre installed chat rooms. PHP Mychat, Java Chat and
HTML Chat. No other chat rooms may be used on the server as they are
well know system hogs. The preinstalled chat rooms may not be
modified in a way that may cause excessive usage or server
instability.
NO "SPAM".
Client shall not use the Services for chain
letters, junk mail, spamming, or any use of distribution lists to
any person who has not given specific permission to be included in
such a process.
Client also shall not engage in any unsolicited email practices at
Phuket Island Holdings and Asian Servers Dot Com, or otherwise, that
mention or reference any domain hosted on Phuket Island Holdings and
Asian Servers Dot Com servers or parked on Phuket Island Holdings
and Asian Servers Dot Com DNS servers.
ANY CLIENT THAT PURSUES IN GENERATING SPAM (IN ANY FORM) WILL RESULT
IN A SUSPENDED ACCOUNT WITHOUT A REFUND.
LICENSED SOFTWARE ONLY
Client agrees to use only properly licensed third
party software in connection with Client's use of the Services.
BACK-UP FILES
Client will have the ability to reinstate files
which are automatically archived by Phuket Island Holdings and Asian
Servers Dot Com;
However, Phuket Island Holdings and Asian Servers Dot Com does not
guarantee the existence, accuracy, or regularity of its backup
services and, therefore, Client is responsible for making back-up
files in connection with its use of the Services.
TERMINATION
Phuket Island Holdings and Asian Servers Dot Com,
at its sole discretion, may immediately terminate this Agreement if
client engages in any of the foregoing. To report any unacceptable
behaviour by a third party using the Services, please
contact us
Use By Minors. Phuket Island Holdings and Asian
Servers Dot Com Systems does not sell its products and services to
minors under the age of 18. Phuket Island Holdings and Asian Servers
Dot Com Systems sells such products and services to adults.
Minors under the age of 18 may purchase such products and services
of Phuket Island Holdings and Asian Servers Dot Com Systems only
with the involvement of a parent or guardian in the transaction.
----PAYMENT OBLIGATIONS----
Local Support SERVICE FEES
In ALL of our packages, the server space, scripts
and all other features including bandwidth are totally free.
Local support packages are payable every 3 months in advance unless
otherwise stated.
If payment is not received within 7 days of request of the due date
your site will be deactivated.
If payment is not received within a further 7 days then the domain
will be removed from the server resulting in loss of all data and e
mails.
Any refund requests are calculated from the end of the current usage
month in which the client terminates the account and are at our
discretion.
Any refund that may be made is calculated from the date that the log
ins where sent.
We reserve the right to make an admin charge for any bank charges
incurred.
All prices are quoted in Thai Baht and US Dollars
and office hours are based on GMT + 7 hours (Bangkok time scales.)
Definition of local support:
Reply to all reasonable requests as to the use of
control panel and other facilities on the server. Each control panel
has a help data base which you can use at any time. Please note we
do not class local support as teaching you how to make and use
databases, web pages etc.
Local support is based on the facilities and any future facilities
already installed on our servers.
DOMAIN NAMES
If Client chooses to register a domain name's)
through Phuket Island Holdings and Asian Servers Dot Com, Client
acknowledges and agrees that Client will pay a registration fee to
register the domain name with the applicable domain name registrar.
Phuket Island Holdings and Asian Servers Dot Com does not offer
refunds for domain name registrations for any reason, including
misspelling of the domain name.
All domain name requests must be made in writing.
URL FORWARDING.
We do not allow URL forwarding from another server or registrar
to our servers. If you wish to use the server to host more than one
domain name then we have options for both parked and additional
domains. Your agreement with us is to host the domain name only in
which you made your application plus any further additional or
parked domains as maybe charged by us. Any domain found to be
violating this service will be disabled and charged at the
additional domain(s) rate per month in arrears from the time the
account was first opened which should be paid in full before the
domain is re-enabled. The URL forwarded must also be immediately
removed and the domain name that was originally on the URL forwarder
should be added to the main domain name as an additional or parked
domain.
SOFTWARE ON YOUR SERVER
We provide a number of free programmes for your use, subject to
your package. We are not responsible for any of these programmes as
they are designed by users outside of our control.
CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Phuket
Island Holdings and Asian Servers Dot Com be liable to any third
party for Client's breach or alleged breach of any of the terms and
conditions set forth in this Agreement. Client agrees to defend,
indemnify and hold harmless Phuket Island Holdings and Asian Servers
Dot Com from any and all expenses, losses, liabilities, damages or
third party claims resulting from Client's breach or alleged breach
of any Client obligations set forth hereunder.
TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this
Agreement shall be effective on the date you register for the
Services, and shall continue in effect on a month-to-month basis
unless otherwise
specified by separate agreement (the "Term") unless terminated
earlier pursuant to the provisions of this Section . Either party
will have the right to terminate this Agreement upon notice to the
other party.
Should the client wish to terminate this Agreement, Client must send
a cancellation request to our local support
department who will then issue an account cancellation form.
Requests can only come from the e mail originally supplied at the
time of registration.
Such cancellation request must include the Client's name, username,
password web site name and contact information.
Client is responsible to remove their files from the server before
the last business day of the respective day for which cancellation
is requested.
All accounts are cancelled as soon as the client submits the account
cancellation form. Phuket Island Holdings and Asian Servers Dot Com
will not be held responsible for any files deleted on that day.
The cancellation procedure is subject to change without notice.
TAXES
Client will pay and indemnify and hold Phuket
Island Holdings and Asian Servers Dot Com harmless from any and all
taxes associated with or arising from Client's use of the Services,
including any penalties and interest and any costs associated with
the collection or withholding thereof.
DISCLAIMER OF WARRANTY
THE SERVICES, THE Phuket Island Holdings and Asian
Servers Dot Com SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND
SERVICES DISPLAYED OR OFFERED ON THE Phuket Island Holdings and
Asian Servers Dot Com SITE, AND ALL TEXT, GRAPHICS, LINKS AND
APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT
WARRANTY OF ANY KIND. Phuket Island Holdings and Asian Servers Dot
Com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
EACH OF THE FOREGOING , WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, Phuket Island Holdings and Asian Servers Dot Com
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3)
THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Phuket Island Holdings and Asian
Servers Dot Com BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA,
PROFITS, USE OF THE Phuket Island Holdings and Asian Servers Dot Com
SITE OR ANY Phuket Island Holdings and Asian Servers Dot Com
PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO
EVENT SHALL Phuket Island Holdings and Asian Servers Dot Com'
CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED THAI
BAHT. (BT100-00)
MISCELLANEOUS
If any of the provisions, or portions thereof, of
this Agreement are found to be invalid under any applicable statute
or rule of law, then, that provision notwithstanding, this Agreement
shall remain in full force and effect and such provision or portion
thereof shall be deemed omitted. This Agreement (including the
Exhibits, attachments and/or addenda, if any,) represents the entire
agreement of the parties with respect of the subject matter hereof
and supersedes all prior and/or contemporaneous agreements or
understandings, written or oral between the parties with respect to
the subject matter hereof. This Agreement and the rights granted
and obligations undertaken hereunder may not be transferred,
assigned or delegated in any manner by Client, but may be so
transferred, assigned or delegated by Phuket Island Holdings and
Asian Servers Dot Com.
Any waiver or any provision of this Agreement, or a delay by any
party in the enforcement of any right hereunder, shall neither be
construed as a continuing waiver nor create an expectation of
non-enforcement of that or any other provision or right. In any
legal proceeding between the parties under this Agreement, the
prevailing party shall be entitled to recover its costs, expenses
and reasonable attorneys' fees. This Agreement is made under and
shall be governed by and construed in accordance with the laws of
Thailand and of the State of Washington, U.S.A., regardless of its
choice of law provisions.
This Agreement and Phuket Island Holdings and Asian Servers Dot Com'
policies are subject to change by Phuket Island Holdings and Asian
Servers Dot Com without notice. Continued usage of the Services
after a change to this Agreement by Phuket Island Holdings and Asian
Servers Dot Com or after a new policy is implemented and posted on
the Phuket Island Holdings and Asian Servers Dot Com Site
constitutes your acceptance of such change or policy.
We encourage you to regularly check the Phuket Island Holdings and
Asian Servers Dot Com Site for any changes or additions. |
