The following agreement is  between  Web Channel Productions ("Provider") and You ("Customer"). 
WHEREAS, offers web hosting and webspace rental over the Internet through access to its contracted Web Server; WHEREAS,  Customer seeks to utilize  Provider's services for its own purposes; 

WHEREAS, the parties acknowledge that the Internet  is neither owned nor controlled by any one entity; therefore,  Provider can make no  guarantee that any given reader shall be  able to access Provider's server at  any given time. Provider  represents that it shall make every good faith effort  to ensure  that its server is available as widely as possible and with as little  service interruption as possible; 

NOW THEREFORE,  in consideration of the mutual promises contained herein, the  parties agree as follows; Terms & Conditions 

The  following agreement is between Web Channel Productions ("Provider")  and You ("Customer"). 

The parties hereby agree that  these terms form the service contract between you,  the "Customer",  i.e. the person or entity who is applying for the hosting  service  and "Provider", i.e. the provider of the hosting service. Once you agree  to  all the terms and conditions and apply for our service, then  only will your  order be processed.

This agreement is intended to  cover one  customer only and is for the sole use of the customer  specifically named and  does not extend to any other person or  entity. Customer may resell to third  parties but is responsible  for the content and is bound by the terms of this  contract.

This service may only be utilized  for  lawful purposes and shall not violate any municipal, state,  federal statute, or  any laws of Malaysia or from the laws of the  country where the customer is  located. Customer fully accepts that filing  of any  suits must be in Malaysia and follows the laws of Malaysia.

Customer warrants that all Domain Names and  material  submitted will not violate or infringe any copyright, trademark,  patent, statutory, common law or proprietary rights, or is liberous,  slanderous  or harmful. Customer will not transmit unsolicited  commercial email [spam mail,  bulk mail, mass mail], unethical,  abusive materials, including but not limited  to pornography, obscene,  nudity, violations of privacy, viruses, hacking, warez,  profane,  racist, gambling or materials protected by trade secrets. Customers  must not attempt to undermine the security or integrity of computing  systems or  network and must not attempt to gain unauthorized access.

Customer agrees to indemnify and  hold harmless Provider from and against any and all claims, actions,  causes of actions, losses or  damages including legal fees arising  from the usage by customer of the services  in violation of this  paragraph.

Connection speed represents  the speed of a connection to and  does not represent guarantees of available end to end bandwidth. Provider  expressly limits  its damages to the Customer for any non-accessibility time or  other  down time to the pro- rata monthly charge during the system  unavailability.  Provider specifically denies any responsibilities for any  damages  arising as a consequence of such unavailability. 

Customer  may not run background processes on Provider's servers.  Violations  of this policy will result in a user's background processes being  killed, and may result in account suspension. 

Customer  may not use the account as storage  facility or as a download site  for MP3, softwares, etc. Customer may also not  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.

At any time Provider believe that the  service is  being utilized by customer in contravention of any  terms of the agreement,  delinquent or non-payment of service or  design fees or the traffic on this  account causes any kind of  network or server problem or disturbance, Provider may  immediately  terminate service without liability and without refund.

For delinquent or non-payment, after  cancellation or suspension, shall require an additional 50 per cent of the original fees to re-connect.

Customer warrants that Provider makes absolutely  no warranties  whatsoever, express or implied. Customer agrees that Provider shall not  be liable for any claims or damages which may be suffered by customer  including,  but not limited to, losses or damages resulting from  the loss of data as the  result of delays, non-deliveries, or service  interruptions or loss of income  caused by the fault or negligence  of Provider. Provider is not responsible for any damages  by customer's inability  to use the services for any reason.

Utilization of data or information sent or  received  by customer is at customer's sole and absolute risk. Also due to  the  nature of the Internet, all information should be considered  publicly accessible  and important or private information should  be carefully treated. Provider is not  liable for protection or privacy  of electronic mail. Provider makes no guarantee that  customer shall  be able to access its server at any given time. Provider specifically  disclaims and denies any responsibility for the completeness,  accuracy or  quality of information.

If Provider shall acquire a Domain Name on  behalf of  customer, then customer hereby waives any and all claims which it  may  have against Provider, for any loss, damage, claim or expense arising  out of or in  relation to the registration of such Domain Name  in any on-line or off-line  network directories, membership lists  or registration lists or the release of  the Domain Name from such  directories or lists following the termination of the  providing  of this service by Provider for any reason.

Customer acknowledges there is no free  hosting period. Once service is ordered and processed, there are no refunds if  the  service is cancelled by customer before expiry. All contracts are  automatically renewed for another term unless written cancellation  by either  party is given 14 days in advance of the renewal date  or anniversary  date.
 
Provider maintains control and ownership of any  and all IP numbers  and addresses that may be assigned to customer and shall have  the  sole discretion to change or remove any and all IP numbers and  addresses.

Customer agrees that it shall  defend, indemnify,  save and hold Provider harmless from any and all demands,  liabilities,  losses, costs and claims, including reasonable attorneys' fees,  ("Liabilities") asserted against Provider, 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 Customer, its agents,  employees or assigns.  Customer agrees to defend, indemnify and hold harmless  Provider  against Liabilities arising out of any injury  to person or property caused by any products sold or otherwise  distributed  in connection with Provider's Server, any  material supplied by Customer infringing or allegedly infringing on  the  proprietary rights of a third party; copyright  infringement and
any defective product  which Customer sold on Provider Server. 
 

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