Terms and Conditions (TOS)
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY HOSTMY.NET SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as “Customer”) AND HOSTMY.NET.
EDGE TRENDS RESOURCES (hereinafter referred to as “HOSTMY.NET”) is a corporation organized and existing under the laws of Malaysia and having its principal executive office Suite 686, MBE Desa Sri Hartamas, Desa Sri Hartamas, 50480 Kuala Lumpur, Malaysia.
Please note that this agreement is subjected to change and it is Customer’s responsibility to regularly check for modifications. If Customer signed up for the Service before the Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed above. Continued use of the Service constitutes acceptance to the new version of this agreement.
HOSTMY.NET reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of HOSTMY.NET’s Acceptable Use Policy. Should HOSTMY.NET terminates Customer’s service for a reason other than violation of the Acceptable Use Policy, HOSTMY.NET will issue Customer a refund for the remaining paid period of service. Under no circumstances is HOSTMY.NET responsible for any damages resulting from termination of service. HOSTMY.NET reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
1. Website Migration or Transfer
Our web migration team will make every effort to help Customer migrate your website over to us. However please take note that this service is provided as a courtesy service that is performed on best effort basis and HOSTMY.NET cannot be held responsible should there be any migration failure due to various reasons. HOSTMY.NET cannot guarantee that all data transfer to be accurate and estimate the time required to complete the transfer. Some hosting companies save data in their propriety format making transfer difficult or in some cases impossible. We will of course try our best but in some cases we may not be able to assist. This free transfer services are offered for 30 days from the sign up date and for accounts that does not exceed 1000MB (1GB) space. Transfer requests made outside this 30 days free period or websites exceeding 1000MB (1GB) will incur a one time (RM150.00) professional service charges. Please contact our sales department for a price quote.
2. Scripting and Program
It is the Customer’s responsibility to ensure that scripts/programs installed under Customer’s account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, customer’s account may be suspended until the password is replaced with a strong and secure password.
3. Resource Usage
Customer may not use 25% or more of system resources for longer then 120 seconds. Any usage exceeding 25% is termed as an overload. It is the customer’s responsibility to monitor and disable/replace whatever scripts that is causing the overload. Account will be suspended until customer reply with next action plan. If the account overload again, HOSTMY.NET reserves the right to terminate the account permanently or impose an overload penalty fees to the customer. To avoid this suspension or penalty fees, HOSTMY.NET advises customers not to use our shared hosting accounts for the following usage, as they generally will overload. These activities are unattended server-side processes, torrent application, tracker, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs.
4. Hosting Space
Shared hosting account are meant for hosting Customer’s website content. The hosting space utilized as backup/storage device is strictly not permitted.
Most of our shared hosting plans allow unlimited email address creation but in the interest of server stability, all shared hosting plans are allowed to consume up to 10GB for email storage only. Any accounts that exceed the email storage size may be suspended. We recommend to use an email client such as Outlook or Thunderbird (free download) to download and manage all emails on a local computer.
HOSTMY.NET does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, HOSTMY.NET makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully. HOSTMY.NET’s offering of “unlimited” services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers.
In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources. HOSTMY.NET’s service is designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
HOSTMY.NET will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, HOSTMY.NET does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until HOSTMY.NET can evaluate said sites resource needs. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables may negatively affect the performance of the server. HOSTMY.NET may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Customer’s account, with or without notice.
Unlimited Domain Hosting. HOSTMY.NET does not set arbitrary limits on the number of domain names a Customer can associate with the Customer’s web hosting account. However, HOSTMY.NET reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Customers.
Accounts that hit 50,000 inode will receive an email notification to monitor the inode usage. Accounts found to be exceeding the 200,000 inode limit will automatically be removed from our backup system to avoid over-usage. If the account hit 250,000 inodes on any shared hosting account, auto suspension will be imposed.
7. Backup Limit & Data Loss
Any shared hosting account using more than 10 gigs of disk space will be removed from our weekly backup with the exception of database. However all data will continue to be mirrored to a secondary drive. Take note that backup service is provided as a courtesy service and HOSTMY.NET cannot be held liable for any data loss. Customers’ use of this service is at their own risk. HOSTMY.NET is not responsible for files and/or data residing on the Customer’s account. Customer is advised to maintain a backup copy of their data on their own. In case of data loss, HOSTMY.NET will provide the courtesy service of restoring the data into the account. Take note that data restored may not be up to date and HOSTMY.NET can only restore the data from the latest backup copy whether it is a daily or weekly backup. There is no backup for VPS, Semi Dedicated Servers, Dedicated Server or any other plans. Customers must subscribe to our backup services to have data backup.
8. Bandwidth Usage
Customer is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer’s account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the Customer upgrade to a higher level of package or pay additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.
All services provided by HOSTMY.NET may only be used for lawful purposes. The laws of Malaysia apply. The customer agrees to indemnify and hold harmless HOSTMY.NET from any claims resulting from the use of our services.
10. Price Protection
The amount customer pay for hosting will never increase from the date of purchase unless there are certain terms involved such as a first year promotion etc. HOSTMY.NET reserve the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time. Should the Customer request to upgrade the features of the subscribed package, there will be an upgrade fee incurred.
11. Price Contract
All hosting services will have 1 year price contract. This means the price will be fixed for a period of 1 year regardless of whether the customer is paying monthly, quarterly or half year. In the event the customer request for a price adjustment, a contract breaking fees RM100.00 will be imposed.
Delivery periods can only be estimated. Exceeding the delivery time never entitles Customer to be paid damages or cancellation of the order. Should the delay is due to a reason within HOSTMY.NET itself such as HOSTMY.NET is temporarily or permanently unable to fulfill the order partially or completely, HOSTMY.NET reserves the right to partially or completely cancel or decline the order. HOSTMY.NET also reserves the right to deliver the order with a similar specifications or higher. HOSTMY.NET will notify CUSTOMER of such decisions. Once the service is delivered, it is the customer’s responsibility to check and report back within 7 days for any discrepancies or related problems. HOSTMY.NET will take the effort to rectify the problem including reinstall or replace the entire server without any charges. However if the report is made after 7 days, there will be a charge for any services rendered.
13. Payment & Suspension
Payments are generally due on the first day of each month or as per due date of the invoice, and HOSTMY.NET dispatches e-mail invoices prior to the expiry date. Emails are issued as a courtesy; Customer will maintain awareness of its usage levels and the fees it owes HOSTMY.NET and the due date. HOSTMY.NET will not accept the reason of late payment or no payment due to email not received. If payment is not received by ten (10) calendar days after the due date, Customer’s account will be suspended, and may incur a RM100.00 reconnection fee at HOSTMY.NET’s discretion. If the account is suspended for over ten (10) calendar days, there may be a RM250.00 setup fees whereby HOSTMY.NET need to resetup an entire server for the Customer. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month. Any discrepancy or dispute in invoice or payment made must be reported to HOSTMY.NET within 30 days after payment is made. HOSTMY.NET will not accept any dispute in payment made after 30 days.
14. Customer Data
HOSTMY.NET will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer.
15. Customer Support
HOSTMY.NET provides 24 hours Customer support and is committed to provide the best possible support for all Customers. For any service request not subscribed by the Customer, HOSTMY.NET reserves the right to charge RM150/hr for any website/server troubleshooting issues. HOSTMY.NET at its sole discretion reserves the right to deny providing services requested by the Customer with or without reasons. For any services rendered, charged or not charged, HOSTMY.NET provides the best effort services. HOSTMY.NET will not be held responsible for any other issues that resulted directly or indirectly due to the support given. Should there be incident whereby HOSTMY.NET provides FREE support to the Customer, this is a courtesy service and cannot be defined as evidence that HOSTMY.NET must commit to provide FREE support to the Customer. In this case, HOSTMY.NET reserves the right to stop providing courtesy service to the Customer at any time.
16. 30 days Money Back & Cancellation Policy
To ensure 100% Customer satisfaction, HOSTMY.NET provides 30 days money back guaranteed from the commencement date for Web Hosting Products (Malaysia Hosting and Global Hosting solutions only, does not include Domain Name Fees).
17. Domain Name
Customer agree that HOSTMY.NET’s entire liability to Customer, and Customer only remedy, in connection with any service provided by HOSTMY.NET to Customer, and for any breach by HOSTMY.NET, shall be limited to the fees Customer paid to HOSTMY.NET for the particular service in contention. HOSTMY.NET and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of HOSTMY.NET’s services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, HOSTMY.NET’s liability shall be limited to the smallest amount permitted by law. HOSTMY.NET disclaims any loss or liability resulting from:
access delays or interruptions to our web site or domain name registration system;
data non-delivery or mis-delivery between Customer and HOSTMY.NET ;
events beyond our control (i.e. acts of God);
the loss of registration or processing of a domain name or the use of a domain name;
the failure for whatever reason to renew a domain name registration;
the unauthorized use of Customer’s account with HOSTMY.NET or any of services provided to Customer by HOSTMY.NET;
errors, omissions or misstatements;
deletion of, failure to store, or failure to process or act upon email messages;
processing of updated information to Customer’s registration record;
development or interruption of Customer’s web site;
errors taking place with regard to the processing of Customer application;
application of HOSTMY.NET’s Dispute Resolution Policy; and
any act or omission caused by Customer or Customer’s agent (whether authorized by Customer or not)
18. Shared Hosting Account, SME and Enterprise Email Hosting
(i)Guarantee applies to first time purchasers only.
(ii)30 Day period begins when hosting login information is received.
(iii)Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by HOSTMY.NET.
(iv)Refund is granted by HOSTMY.NET’s sole discretion.
(v)Domain price is not refundable.
(vi)If the refunds is relate to package which has been bundle with domain. Total amount will be calculate after minus the domain price.
(vii)Refund decision made by HOSTMY.NET is final.
(viii) HOSTMY.NET representative will contact customer for refund arrangement. customer will be needed to prepare below items: ( Bank Name, Acc Name, Acc Number)
19. Terms & Conditions for Upgrade to Premium Network
(i) Upgrade is not applicable for Personal and Business Starter Package.
(ii)The hosting must be used for one business website and one domain only.
(iii)Upgrade can only be done after 30 days of hosting period.
(iv)Upgrade is approved based on the HOSTMY.NET’s sole discretion decision.
(v)If the Service does not achieve the 99.99% of uptime performance levels, HOSTMY.NET will provide a refund based on Premium SLA.
(vi) HOSTMY.NET has the sole discretion to terminate or cancel any account in the premium network.
20. Cancellation Policy Before The Expiry Date
(i) All cancellation requires 30 days notice.
(ii) The monthly fees is applied if cancellation is made before the expiration date.
(iii) The total fees will be calculated as the monthly fees multiple by the duration of the service used plus 30 days notice.
(iv) Refund will minus RM250.00 restocking fees for any account without setup fees.
Rest of the products such as Domain Name, Private Email etc. are not included in our 30 days money back guarantee policy. For any cancellation of products or services, Customer must provide prior notice of at least 30 days before the expiry date shown on current renewal invoice. As for yearly contract cancellation, HOSTMY.NET will charge Customer according to the monthly package terms and conditions that may have higher monthly fees, setup fees and other miscellaneous fees involved. Any discount provided during yearly contract will be void if the yearly contract is cancelled. The refund will be calculated via having the total yearly paid minus the total charged as per monthly package terms and conditions.
As for refund due to server or network downtime, Customer is responsible for notifying the billing department for any credits due for the month within seven days from the time of the incident. Customer should supply all relevant information, including ticket numbers, for credit to take place. All refund claims or cancellation must be done in writing or by fax or by support ticket with Customer’s root username and passwords for the server.
Customer will retain records of the terms and conditions of its Package for future reference. HOSTMY.NET may change Package prices or add or delete Package features or restrictions at any time, and such changes will not affect the initial agreement between Customer and HOSTMY.NET. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern.
In order to prevent abuse to our services and our 30 days money back guaranteed policy, HOSTMY.NET will not provide refund if it is discovered that Customer is running “short-lived” website for Customer’s own interest. These websites are termed “short-lived” at HOSTMY.NET’s own discretion which including and not limiting to websites on political campaign, lawsuit, investment etc.
21. Acceptable Use Policy
HOSTMY.NET’s services are provided on an “as is” and “as available” basis. HOSTMY.NET does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. HOSTMY.NET makes no express or implied warranties, including without limitation warranties of title, noninfringement, merchantability, or fitness for a particular purpose. No advice provided by HOSTMY.NET or any of its representatives will create a warranty.
Customer agrees that it shall indemnify HOSTMY.NET harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against HOSTMY.NET, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HOSTMY.NET against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with HOSTMY.NET;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from HOSTMY.NET’s server.
HOSTMY.NET will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if HOSTMY.NET was advised in advance of the possibility of such damages. HOSTMY.NET’s maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim.
HOSTMY.NET will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from:
(i) other HOSTMY.NET Customers or third parties accessing Customer’s data or assigned computers;
(ii) security breaches;
(iv) denial of service attacks;
(v) interception of traffic sent or received using HOSTMY.NET’s service;
(vi) Customer’s reliance on or use of the service;
(vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service;
(viii) the accuracy, completeness, and usefulness of the service; or
(ix) loss of data or loss of access to data.
HOSTMY.NET’s limitations and exclusions of liability apply equally to HOSTMY.NET’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.