Terms Of Service (T.O.S.)
Updated July 27th 2006.
This agreement sets for the terms and conditions under which
Success Webmasters (Singapore) Pte. Ltd., which conducts business
as Success Webmasters Hosting will agree to provide web hosting and
other services related to the Internet and the World Wide Web.
WHEREAS, Success Webmasters Hosting is an information provider connected
to the Internet. Success Webmasters Hosting offers storage and transfer
services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize Success Webmasters Hosting's server
for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor
controlled by any one entity; therefore, Success Webmasters Hosting can
make no guarantee that any given reader shall be able to access Success
Webmasters Hosting's server at any given time. Success Webmasters Hosting
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;
WHEREAS, the party has authority to enter into this agreement on behalf
of the Company, if applicable;
NOW THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows;
I. Financial Arrangements:
1. YOUR USE OF SUCCESS WEBMASTERS HOSTING'S FACILITIES AND SERVERS CONSTITUTES
YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT
LIMITATION, THE OBLIGATION TO PAY FOR THE SERVICES BEING UTILIZED BY YOU.
2. Customer agrees to a contract of the term specified below, beginning upon
commencement of service.
3. Fee for the term specified below, shall be due upon receipt of contract.
Said amount is fully refundable if notice of cancellation is received within
30 days of commencement of services.
4. This agreement will automatically renew for successive periods of the original
length for the life of the contract until cancelled in writing. Customers expressly
agree to have their credit card account billed for the recurring charges for the
life of the contract including any automatic renewal periods, and further authorize
Success Webmasters Hosting to process such charges on a monthly basis.
Success Webmasters Hosting accepts paper checks from Customers for payment of
web hosting services and fees associated with Customer's account. However,
there will be a $5.00 per check processing fee for each customer paying by check.
II. Pricing:
All pricing is guaranteed for the term of pre-payment. Success Webmasters Hosting
reserves the right to change prices at any time, unless other terms have been agreed
upon. Any account not brought current within a week (7 days) of email notice or
exceeding this time frame in any way is subject to suspension. The customer is
responsible for all money owed on the account from the time it was established
to the time that the customer notifies Success Webmasters Hosting to request
for termination of services.
III. Taxes:
Success Webmasters Hosting shall not be liable for any sales and use taxes,
or other fees to be paid in accordance with or related to purchases made from
Customer or Success Webmasters Hosting's server. Customer agrees to take full
responsibility for all taxes and fees of any nature associated with such
products sold.
IV. Age:
The Customer certifies that he or she is at least 18 years of age.
V. Hardware, Equipment & Software:
The Customer is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access Success
Webmasters Hosting. Success Webmasters Hosting makes no representations,
warranties or assurances that the Customer's equipment will be compatible
with the Success Webmasters Hosting service.
VI. Material and Product Requirements:
1. Customer will provide Success Webmasters Hosting with material and data
in a condition that is "server-ready", which is in a form requiring
no additional manipulation on the part of Success Webmasters Hosting.
Success Webmasters Hosting shall make no effort to validate this information
for content, correctness or usability.
2. Use of Success Webmasters Hosting's service requires a certain level of
knowledge in the use of Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and desired content
of Customer's Web space by the Customer.
The Customer agrees that he or she has the necessary knowledge to create
Customer's Web space. Customer agrees that it is not the responsibility
of Success Webmasters Hosting to provide this knowledge or Customer Support
outside of the defined service of Success Webmasters Hosting.
3. Success Webmasters Hosting will exercise no control whatsoever over
the content of the information passing through the network.
Success Webmasters Hosting makes no warranties or representations of
any kind, whether expressed or implied, for the service it is providing.
Success Webmasters Hosting expressly disclaims any warranty of merchantability
or fitness for particular purpose, and will not be responsible for any damages
that may be suffered by the Customer, including loss of data resulting from
delays, non-deliveries or service interruptions by any cause or errors or
omissions of the Customer. Use of any information obtained by way of
Success Webmasters Hosting is at the Customer's own risk, and Success
Webmasters Hosting specifically disclaims any and all responsibility
for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to a given server,
and does not represent a guarantee of available end-to-end bandwidth.
Success Webmasters Hosting expressly limits its liability to the
Customer for any non-accessibility time or other down time to the
pro-rata monthly charge during the system unavailability.
Success Webmasters Hosting specifically disclaims any liability
for any actual, consequential, or incidental damages arising
as a consequence of such unavailability.
In the event that the Customer's material is not "Server-ready",
Success Webmasters Hosting may, at its option and at any time, reject
any such material, including but not limited to, after its placement
on Success Webmasters Hosting's Server. Success Webmasters Hosting
agrees to notify Customer immediately of its refusal of the material
and will afford Customer the opportunity to amend or modify the
material to satisfy the needs and/or requirements of Success
Webmasters Hosting. If the Customer fails to modify the material,
as directed by Success Webmasters Hosting, within a reasonable
period of time, which shall be agreed upon by the parties,
this Agreement shall be deemed to be terminated.
VII. CGI Scripts:
Each shared Unix web hosting account comes with its own cgi-bin,
in which Customer are free to use any* CGI scripts Customer wish.
*See the "Server Resource Abuse" section.
VIII. Server Resource Abuse:
Shared server accounts are limited in use of the amount of server
resources. Shared server resource abuse includes any process or
service usage that affects normal shared server operation,
resources or connectivity, and which causes a server to
become overloaded. Shared server resources include CPU
and memory usage, number of concurrent processes, number
of concurrent port or database connections and total
bandwidth. Success Webmasters Hosting will be the sole
arbiter as to what constitutes a violation of this provision.
Possible causes of server resource abuse include, but are not
limited to, the use of: CGI, Perl, Sendmail, MySQL, MSSQL, PHP,
ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP.
Shared server accounts are NOT allowed to send more than 2000
emails per day. If server resource abuse is detected, possible
actions include, but are not limited to: disabling of the
offending script or scripts, disabling of the specific service,
disabling of the entire account or account cancellation.
If server overload is a result of server resource abuse,
these actions will be taken without prior notice or warning.
IX. Banned Scripts / Software:
The following scripts, services and software are not permitted
on Success Webmasters Hosting's servers. Both Unix and Windows
based scripts.
| Ikonboard (all versions) |
The Anonymizer |
| UltimateBBS (all versions) | All soap mailers |
| Egg Drops | BitchX |
| psybnc (all versions) | guardservices |
| Proxy Servers | ptlink |
| nph-proxy | bnc |
| Greymatter | |
Success Webmasters Hosting do not allow Customers to install their own chat
rooms within a shared hosting account, without approving it with the Success
Webmasters Hosting Support Team. Most chat rooms tend to be large system hogs
and Success Webmasters Hosting cannot allow it as an account option.
Note: Parachat chat rooms do not apply to this rule. They are perfectly
fine to install.
Success Webmasters Hosting do not allow clients to send more than 2000 pieces of email
per day from a shared hosting account. If Customer does send more than 2000 pieces of
email per day, Customer's account will be placed on hold for Network Abuse. If Customer
is sending legitimate emails and they total more than 2000 per day Customer's account
will be moved to a special server that is specifically designed to handle high volumes
of email. Customer will be charged $50.00/month in addition to Customer's regular
hosting charges if Customer's account is moved to this server. Please contact
support@successwebmasters.net to
have your domain moved.
X. Background Running Programs:
We may allow programs to run continually in the background. These are considered
on a case-by-case basis and an extra charge will be incurred based on system resources
used and operational maintenance needed.
XI. Chat Rooms:
Success Webmasters Hosting do not allow Customers to install their own chat
rooms within a shared hosting account, without approving it with the Success
Webmasters Hosting Support Team. Most chat rooms tend to be large system hogs
and Success Webmasters Hosting cannot allow it as an account option.
Note: Parachat chat rooms do not apply to this rule. They are
perfectly fine to install.
XII. IRC:
We currently do not allow IRC, IRC clients or IRC bots to be operated on any
of our servers. In addition, IRC servers are not permitted on our network.
Anyone found to be in violation of this policy risks immediate account
termination.
XIII. Trademarks & Copyrights:
Customer warrants that it has the right to use the applicable trademarks, if any.
Customer further agrees that it shall indemnify and hold Success Webmasters Hosting
harmless for any damages, costs and expenses it may incur as a result of any claimed
infringements of any party's trademark and copyright rights, including, without
limitation, any damages awards, assessments, costs, expenses, and attorney's
fees incurred.
XIV. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all
have expectations regarding subject area and appropriate etiquette for posting.
Users of these forums should be considerate of the expectations and sensitivities
of others on the network when posting material for electronic distribution.
The network resources of Success Webmasters Hosting may not be used to
impersonate another person or to misrepresent authorization to act on
behalf of others or Success Webmasters Hosting. All messages transmitted
via Success Webmasters Hosting should correctly identify the sender;
users may not alter the attribution of origin in electronic mail messages
or posting. Users must not attempt to undermine the security or integrity
of computing systems or networks and must not attempt to gain
unauthorized access.
XV. Unsolicited Email (Spam):
Unsolicited commercial advertisements (spam) are not allowed in email, and will
likely result in account cancellation.
Success Webmasters Hosting takes a zero-tolerance approach to spam originating
from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and political or
religious tracts. Such messages may only be sent to those who have explicitly
requested it from Customer's domain.
- Forging, altering or removing electronic mail headers is prohibited.
Any domain sending stealth spam will be terminated without warning and
without refund.
- Sending numerous copies of the same or substantially similar message with
the intent to disrupt a server or account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet
discussion groups and on most email mailing lists. Inappropriate posting may
result in account cancellation. "Spamming," or sending a message to
many different off-topic newsgroups, is particularly unethical and will be
treated as such.
- Mail may not be used to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If a recipient
asks to stop receiving email, Customer must not send that person any
further messages.
- Providing spamware (software used to send bulk email or software used to
harvest email addresses) or links to sites providing spamware is strictly
prohibited and subject to demand for removal or account cancellation.
Note: If Customer use the services of another provider (including but
not limited to the use of address lists obtained from a third party vendor
or provider) to promote a web site hosted by or through Success Webmasters
Hosting (spamvertising), then the provisions of the above Policy shall apply
as if the spam were sent through our servers.
Penalty: Depending on the severity of Customer's SPAMMING, Success
Webmasters Hosting reserves the right to charge Customer between $1.00 - $100.00
PER SPAM sent through Success Webmasters Hosting network. Customer's web site
content will also be confiscated and it will be NEVER returned to Customer.
XVI. IP Address Ownership:
If Success Webmasters Hosting assigns a Customer an IP address for use with the
subscription, the right to use that IP address shall belong only to Success
Webmasters Hosting and the Customer shall have no right to use that IP address
except as permitted by Success Webmasters Hosting. Success Webmasters Hosting
shall maintain and control ownership of all IP numbers and addresses that may
be assigned to Customer's by Success Webmasters Hosting. Success Webmasters
Hosting reserves the right to change or remove all such IP numbers and
addresses in its sole and absolute discretion, at any time.
XVII. Domain Name Registration:
Customer agrees to pay Success Webmasters Hosting prior to the effectiveness
of the desired domain name registration, the then-current amounts set forth
in the Success Webmasters Hosting price schedule for the initial registration
of the domain name and, should Customer choose to renew the registration,
subsequent renewals of the registration. All fees are non-refundable, in
whole or in part, even if Customer's domain name registration is suspended,
cancelled or transferred prior to the end of Customer's then current
registration term.
Success Webmasters Hosting reserves the right to change fees, surcharges,
renewal fees or to institute new fees at any time, for any reason, at its
sole discretion. Customer's requested domain name will not be registered
unless and until we receive actual payment of the registration fee, and
have confirmed Customer's registration in an email from Success Webmasters
Hosting to the email address indicated in Customer's registration application.
In the event of a charge-back by a credit card company (or similar action
by another payment provider allowed by Success Webmasters Hosting) in
connection with the payments of the registration fee for Customer's domain
name registration, Customer agrees and acknowledges that the domain name
registration shall be transferred to Success Webmasters Hosting as the
paying entity for that registration to the registry and that we reserve
all rights regarding such domain name including, without limitation, the
right to make the domain name available to other parties for purchase.
Success Webmasters Hosting will reinstate Customer's domain name
registration solely at Success Webmasters Hosting's discretion, and
subject to our receipt of the initial registration or renewal fee
and our then-current reinstatement fee.
XVIII. Change of Nameservers:
In cases of new hosting accounts or additions / modifications to hosted
domain names or any other cases which involve the change of nameservers
of a domain from other DNS servers to Success Webmasters Hosting's DNS
servers, there may occasionally be a delay of several days, weeks or
longer depending on the accessibility of control options at the respective
registrar of the domain name registration. It is possible that if the
registrar (or the entity having control over the domain registration)
is not cooperative, the domain nameservers can not be changed at all.
Due to the unpredictable nature of the nameserver change process, no
guarantees are made regarding the amount of time a specific change
may take. On Customer request, nameserver change of domain names
is done by Success Webmasters Hosting on behalf of the account holder.
In such cases, a successful change of nameservers cannot be guaranteed
in any way or fashion as it solely depends on the accessibility or
cooperation by the domain name registration's registrar.
XIX. Bandwidth and Disk Usage:
Customer will not exceed the bandwidth, storage and email usage limits
outlined by Customer's particular web hosting package. If Customer use
any bandwidth or storage space in excess of the agreed upon number of
megabytes per month or if Customer exceed email storage and attachment
size limitations, Success Webmasters Hosting may, in its sole discretion,
assess Customer with additional charges.
If Success Webmasters Hosting elects to take any corrective action,
Success Webmasters Hosting will not refund any unused pre-paid fees.
Customer's use of Customer's account and access to it is Customer's
responsibility. Customer are responsible for any unauthorized access
to Customer's account resulting in bandwidth, storage and/or email
usage exceeding the limits outlined in Customer's particular web
hosting package specifications and resultant charges. Bandwidth
overages are currently billed at $2 per 1GB per month. Disk space
overages are currently billed at $1.50 per 250MB per month.
XX. System and Network Security:
Customers or any network users are prohibited from violating or attempting
to violate the security of Success Webmasters Hosting's network or any and
all components there in. Violations of system or network security may result
in civil or criminal liability. Success Webmasters Hosting will investigate
occurrences which may involve such violations and may involve and cooperate
with law enforcement authorities in prosecuting Customers who are involved
in such violations. These violations include, but are not limited to:
1. Accessing data not intended for the Customer or logging into a server or
account, which Customer is not authorized to access, password cracking,
probing the security of other networks in search of weakness, or violation
of any other organization's security policy.
2. Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service or deny service to any user, host, or
network. This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network.
4. Forging any TCP/IP packet header or any part of the header information in
any email or newsgroup posting.
5. Taking any action in order to obtain services to which Customer is not entitled.
Customers are solely responsible for any security breaches affecting servers
or accounts under the Customers control. If Customers server or website is
responsible for or involved in an attack on or unauthorized access into another
server or system, Success Webmasters Hosting will shut it down immediately.
Customer have to pay any charges resulting from the cost to correct security
breaches affecting Success Webmasters Hosting or any of its other Customers.
XXI. Electronic Commerce:
Customer is solely responsible for the development, operation and maintenance
of Customer's online store and products and all contents and materials appearing
online or on Customer's products, including without limitation (a) the accuracy
and appropriateness of content and materials appearing within the store or
related to Customer's products, (b) ensuring that the content and materials
appearing within the store or related to Customer's products do not violate
or infringe upon the rights of any third party, and (c) ensuring that the
content and materials appearing within the store or related to Customer's
products are not libellous or otherwise illegal. Customer will be solely
responsible for the final calculation and application of shipping and
sales tax. Customer will also be solely responsible for accepting,
processing, and filling any customer orders, and for handling any
customer inquiries or complaints arising there from.
Customer are also responsible for the security of any customer credit card
numbers and related customer information Customer may access as a result
of conducting electronic commerce transactions through Customer's Web Site.
Customer will keep all such information confidential and will use the same
degree of care and security as Customer use with Customer's confidential
information.
XXII. Static / Dynamic Content Caching:
Customer expressly (i) grant to Success Webmasters Hosting a license to
cache the entirety of Customer's Web Site, including content supplied by
third parties, hosted by Success Webmasters Hosting under this Agreement
and (ii) agree that such caching is not an infringement of any of
Customer's intellectual property rights or any third party's
intellectual property rights.
XXIII. Content:
All services provided by Success Webmasters Hosting may be used for lawful
purposes only. Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal, State or City
law is prohibited. This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material protected by trade
secret and other statute. The Customer agrees to indemnify and hold harmless
Success Webmasters Hosting from any claims resulting from the use of the
service which damages the Customer or any other party.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to Success Webmasters Hosting servers or
any other server on the internet. Links to such materials are also prohibited.
All hosting accounts may be terminated that include the following content
or which have links to the following content:
- Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism or hatred.
- Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group
or individual.
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities.
Success Webmasters Hosting will be the sole arbiter as to what
constitutes a violation of this provision.
XXIV. Torturous Conduct:
Any abuse towards any Success Webmasters Hosting employees will not
be tolerated. Customer are expected to request and respond to support
and other issues in a professional manner, when emailing Success
Webmasters Hosting's or utilizing the Ticket Desk Support System,
refrain from using caps, exclamation points, and other forms of
written yelling. Any cursing, yelling, or further intentional
disruptive behaviour aimed at Success Webmasters Hosting or its
employees shall be considered a violation of this T.O.S.
Any threat; whether verbally, orally, written, or delivered by
second parties directed towards Success Webmasters Hosting or any
of it's employees, partners, equipment, and concerns shall be
construed as a violation of this T.O.S. Any conduct viewed as
violating this section shall be considered a violation of this T.O.S.
Success Webmasters Hosting will be the sole arbitrator in regards to
what is deemed a violation.
No refunds shall be given when the contents of this section necessitates
removal of the account.
XXIV. Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole
discretion.
All Sub-Networks, distributive hosting sites and dedicated servers of
Success Webmasters Hosting must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
This Agreement constitutes the entire understanding of the parties.
It specifically includes the terms and provisions of Success Webmasters
Hosting's Acceptable Use Policies, the terms and provisions of which
are expressly incorporated herein by reference. Any changes or modifications
to this Contract thereto are agreed to by the both parties upon any periodic
renewal of services.
This Agreement shall be governed and construed in accordance with the
laws of Singapore and of the Internet.
YOUR USE OF SUCCESS WEBMASTERS HOSTING'S SERVICES CONSTITUTES YOUR
EXPRESS AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
XXV. Transfer:
Customer may not transfer this agreement without the written consent
of Success Webmasters Hosting.
XXVI. Cancellation:
This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. Cancellations must be
faxed or mailed. Success Webmasters Hosting will not accept terminations
by electronic mail or over the telephone.
Notwithstanding the above, Success Webmasters Hosting reserves the
right to cancel service at any time. All fees paid in advance of
cancellation will be pro-rated and paid by Success Webmasters Hosting
if Success Webmasters Hosting institutes its right of cancellation.
Any violation of policies which results in extra costs will be billed
to the Customer (i.e. transfer, space, etc.)
All of Success Webmasters Hosting's web hosting plans are backed by
a 30 day money back guarantee. If Customer are not completely satisfied
with Success Webmasters Hosting's services or support within the first
30 days of the contract, Customer will be given a full refund of the
contract amount excluding setup fees, domain registration fees,
add-on/upgrade fees and overages. Setup fees are refundable only
if the account order is cancelled prior to account activation.
Refunds will be made by company check or issued back to Customers
credit card within 30 days of receipt of cancellation. No refunds
will be given for any promotional offer. This includes any
promotion with or without coupon purchase.
XXVII. Liability and Obligations on Cancellation:
If the Agreement expires or is cancelled for any reason, Success
Webmasters Hosting is not liable to Customer because of the
expiration or cancellation for compensation, reimbursement or
damages on account of the loss of prospective profits, anticipated
sales, goodwill or on account of expenditures, investments, leases
or commitments in connection with Customers business, or for any
other reason whatsoever flowing from the termination or expiration.
If Customer terminates this Agreement, Success Webmasters Hosting
will not relieve Customer of any obligations to pay fees and costs
accrued before the termination date or any other amounts Customer
owe to Success Webmasters Hosting under this Agreement.
XXVIII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Customer on renewal of
Success Webmasters Hosting Services as specified in Section I.
Financial Arrangements.
XXIX. Lawful Purpose:
Success Webmasters Hosting reserves the right to refuse service to anyone.
Customer may only use Success Webmasters Hosting server for lawful purpose.
Transmission of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited to copyrighted
material, material legally judged to be threatening or obscene, and material
protected by trade secrets. This also includes links or any connection to
such materials. The designation of any materials as such described above
is left entirely to the discretion of Success Webmasters Hosting management.
Regardless of the place of signing this agreement, the client agrees that
for purposes of venue and jurisdiction this contract was entered into and
performed in Singapore and any dispute will be litigated or arbitrated
in Singapore. Customer further waives all objections to venue or
jurisdiction and acknowledges that venue and jurisdiction in any
such litigation will be held in Singapore Courts. IN NO EVENT
SHALL SUCCESS WEBMASTERS HOSTING'S MAXIMUM LIABILITY EXCEED
THREE HUNDRED ($300.00) DOLLARS.
XXX. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Success Webmasters
Hosting harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, asserted against Success Webmasters Hosting,
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 Success Webmasters Hosting against Liabilities
arising out of (i) any injury to person or property caused by any products sold
or otherwise distributed in connection with Success Webmasters Hosting's Server;
(ii) any material supplied by Customer infringing or allegedly infringing on
the proprietary rights of a third party; (iii) copyright infringement and
(iv) any defective product which Customer sold on Success Webmasters Hosting's Server.
XXXI. Limitations on Success Webmasters Hosting's Liability to Customer:
1. Customer expressly agrees that use of Success Webmasters Hosting's Server
is at Customer's sole risk. Neither Success Webmasters Hosting, its employees,
affiliates, agents, third party information providers, merchants licensors or
the like, warrant that Success Webmasters Hosting's Server service will not
be interrupted or error free; nor do they make any warranty as to the results
that may be obtained from the use of the Server service or as to the accuracy,
reliability or content of any information service or merchandise contained in
or provided through the Success Webmasters Hosting Server service, unless
otherwise expressly stated in this Agreement.
2. Under no circumstances, including through any alleged negligence, shall
any of Success Webmasters Hosting, its offices, agents or any one else
involved in creating, producing or distributing Success Webmasters Hosting's
Server service, be liable to the Customer or to any other party for any direct,
indirect, incidental, special or consequential damages that result from the
use of or inability to use the Success Webmasters Hosting Server service; or
that result from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft, destruction
or unauthorized access to Success Webmasters Hosting's records, programs or services.
Customer hereby acknowledges that this paragraph shall apply to all content on
Success Webmasters Hosting's Server service.
3. Notwithstanding the above, Customer's exclusive remedies for all damages,
losses and causes of actions whether in contract, tort including negligence
or otherwise, shall not exceed the aggregate dollar amount which Customer
paid during the term of this Agreement and any reasonable attorney's fee
and court costs.
Copyright © by Success Webmasters (Singapore) Pte. Ltd.
And Success Webmasters Hosting.
All Rights Reserved.
Created: 25-05-2006
Last Updated: 27-07-2006
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