General Terms & Conditions Of Malaysian Web Hosting Services
Terms
Terms of Use
Website Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Cynet – or through Client by a third party – to any Cynet Network server in connection with Client?s use of the Services which:
– violate any state, federal or foreign laws or regulations;
– infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Cynet Network or any third party;
-are defamatory, slanderous or trade libelous;
– are threatening or harassing;
– are discriminatory based on gender, race, age or promotes hate violate any Cynet policy posted on the Cynet site.
– contain viruses or other computer programming defects which result in damage to Cynet Network or any third party.
– post, store or transmit illegal files includes Pornography materials (movies, pictures, wallpapers, sound clips), Gambling or Betting materials (scripts or any data), copyrighted Music and Video files (MP3, MTV, Flash, etc.)
Disk Space & Storage
Client may occupy only the amount of disk space on the Cynet Server that is allotted by Cynet. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. Cynet is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by Cynet, which may or may not include all of the customer data in their measurements.
Using a shared hosting account as a backup/storage device is strictly not permitted. Shared hosting account are meant for hosting Client’s website content. The use of more than 250,000 inodes on any shared hosting account will result in a warning and if no action is taken, suspension may be imposed. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage.
For Virtual Private Server or Dedicated Server, the Disk Drive and/or Disk Space are hard quota based on the selected plan and client have full access and rights to the disk space. Available disk space for client includes the space required for the Operating System, Control Panel and other Services that come with the server setup which is selected by client based on plan. Client have full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations.
Bandwidth Usage
Client is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Client’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 Client upgrade to a higher level of package. Unused bandwidth in one month cannot be carried over to the next month.
Unmetered Bandwidth
If Client is given a Unmetered Bandwidth, we will not limit the bandwidth usage and Client can use as much data as it can. If the client exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled until the next following month.
Resources Usage
Client 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 client’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, Cynet reserves the right to terminate the account permanently or impose an overload penalty fees to the client. To avoid this suspension or penalty fees, Cynet 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, including:
– torrent application, tracker, file-sharing, peer-to-peer activities
– IRC chat module, chat room, video streaming, gaming applications
– background running programs, web spider or indexer, daemons and heavy cron-jobs.
Security
While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for account hacked, website corrupted, data lost or any other website failure due to hacking. Client shall be responsible for regularly update & patch the website script if using Open Source script that available from Internet.
Server Backup
You shall be responsible for regulary making back-up files in connection with the use of the services by yourself. We do back-up your site daily, however, we do not guarantee the existence, accuracy, or regularity of its backup. Cynet are not liable of any damages and losses caused by hardware failure, natural disaster or foulplay at the datacenter.
Refusal of Service
Cynet reserves the right at its sole discretion to refuse or cancel service. Violation of any of Cynet Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the client. Accounts terminated due to policy violations will not be refunded.
Customer Abuse
Cynet have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any client deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in suspension and account termination at Cynet discretion.
Domain Name Policy
Registration
If Client chooses to register a domain name(s) through Cynet, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Cynet does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Cynet will not be responsible for all failed attempt of domain name registration and domain name transfer.
All Domain Name Registration is on first come first serve basic, 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. The registration and use of your domain name is subject to the terms and conditions 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 or failure 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.
Ownership
Cynet provides Domain Name Registration Services to end-user customers. Cynet do not own domain name registered by our customers. Customers have the right to change the WHOIS information. If WHOIS changes are not made to show customers actual information, Cynet are not responsible for the domain name and will not be liable for any damages or losses caused by the domain name hosting activities.
Domain Expiration
Your Domain Name will become expired and may cause your website and email inaccessible on and after the expiry date if the Domain Name is not renewed on or before the expiry date. You are advised always renew your domain name before the expiry date. In the event you failed to renew the domain name and caused the domain name to be expired or not being able to renew, you shall not make any claim or compensaton from Cynet.
Domain Redemption Period
Domain Redemption Period is an extra grace period hold by the domain registrar. It is imposed by the Registry and was instigated by ICANN in order allow the client has little more time to renew the domain name. To renew the domain name under Domain Redemption Period, a Domain Redemption Fee USD $100 will apply. For ccTLD .MY Domain (Mynic), the Domain Redemption Fee will be double of the renewal fee. The Domain Name will goes into Redemption Period after 30 days from the expiry date.
Billing & Payment
Payments & Billing Cycle
All charges are shown in Ringgit Malaysia (RM). Payments are to be made in Ringgit Malaysia. Cynet accepts the following types of payment: Online Payment & Offline Payment. Online payment refer to payment method that accept by our merchant payment gateway, Razer Merchant Services (formerly known as MOLPay Sdn. Bhd.), and Paypal inc., which all transaction are done through Internet. Offline payment refer to other payment method that bypass our merchant payment gateway.
Cynet offers six Billing Cycles (terms) for shared hosting charges: Monthly (1 month), Quarterly (3 months), Semi-Annually (6 months), Yearly (12 months), 2 Years (24 months) and 3 Years (36 months); and Monthly (1 month), Yearly (12 months) charges for Virtual Private Server hosting. The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
Payment Security
Cynet corporate with Razer Merchant Services to provide secure online payment. All of the transactions made within this website are processed using Razer Merchant Services secure payment gateway that encrypts your card details in 256-bit SSL encryption environment.
Account Activation
Instant Account Activation (average 5 minutes to process) only apply to transaction that made through our merchant payment gateway (Online Payment). Instant activation exclude the services that require manual work & verification including, Domain Transfer, .MY Domain Registration, Domain Restoration, Hosting Upgrade and Hosting Restoration. If client choose to use Offline Payment, all services shall activate within 24 hours.
Price Protection
The amount a client pays for hosting will remain consistent throughout the duration of their subscription period, ensuring there will be no mid-term price increments. However, future price adjustments may occur and would only apply upon the renewal of the subscription. Cynet reserves the right to revise any packages or prices listed on our website and also holds the right to adjust the quantity of resources accorded to each package at any given time. In the event that the Customer wishes to upgrade the features of their currently subscribed package, an upgrade fee will be incurred.
Price Protection does not apply to Domain Name, Virtual Private Server and third-party licensed products. Such third-party licensed products may have their pricing amended without preliminary warning.
iCash & Credit balance
iCash or Credit balance may be used as means of payment at Cynet for the settlement of order and payment of purchase price. The expiry date of iCash / Credit is two (2) years from the date of charge.
Credit Card Disputes / Chargebacks
Cynet has a zero tolerance policy for chargebacks. Any client who disputes a credit card payment is subject to a fine, suspension and account termination at Cynet discretion.
Suspend & Termination
If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Cynet’s discretion). Any accounts and/or servers contained within Cynet’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
Shared Hosting: If payment is not received within 7 calendar days after the due date, client account will be suspended. Account will be terminated and deleted after 30 calendar days from the due date.
Virtual Private Server Hosting: If payment is not received within 3 calendar days after the due date, client account will be suspended. Account will be terminated and deleted after 7 calendar days from the due date.
30 days Money Back & Refund Policy
Cynet service are rendered and considered complete after 30 Days from new customer signup. Customers may request for refund if services are not delivered (account is not created) or unsatisfied with the services within 30 Days after payment. Refund request will not be entertained after 30 Days and also if account were closed/terminated due to abuse issue and regulations above in this policy. Any refunded account will not allow to signup again within 90 days.
The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; 3rd party license fee, domain name registration / transfer / renew; setup fees; dedicated servers; virtual private server; web development; any services subscribe in monthly term; penalty and overage fees.
Server Outages / Moves
If for any reason we have to move your account from one type of server from another we will make sure you have all of the features on the new server except we reserve the right to not provide the same scripting solutions or database solutions. We reserve the rights to perform the action without written notification in the case of emergency.
Disclaimer of Warranty
Warranty
Cynet’s services are provided on an “as is” and “as available” basis. Cynet does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. Cynet makes no express or implied warranties, including without limitation warranties of title, noninfringement, merchantability, or fitness for a particular purpose. No advice provided by Cynet or any of its representatives will create a warranty.
Disclaimer
Cynet will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if Cynet was advised in advance of the possibility of such damages. Cynet’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.
Cynet will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other Cynet Customers or third parties accessing Customer’s data or assigned computers; (ii) security breaches; (iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using Cynet’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.
Cynet’s limitations and exclusions of liability apply equally to Cynet’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
Cynet reserves the right to change, edit, or update the policies contained in this document, along with the content on our website including the prices on our services at any time for any reason without notice.