A)Registration and account security
1) The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
2) You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Budget Hosting, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
3) If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
4) You acknowledge and accept that despite the security measures Budget Hosting takes in connection with the Services, Budget Hosting’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Budget Hosting may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Budget Hosting shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
B)Third Party websites
The Services may contain links to other websites that are not owned or controlled by Budget Hosting ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
C)Payment
1) Fees Due. Payments are generally due on the first day of each month or as per due date of the Invoice. Budget Hosting dispatches multiple email Invoices prior to the expiry date. Emails are issued as a courtesy to the customer. The customer will maintain awareness of its usage levels, of the fees it owes Budget Hosting and the due dates. Budget Hosting will not accept the reason for late payment or no payment due to email not received. All fees are non-refundable when paid.
• If payment is not received within 7 calendar days after the due date, the customer's account will be suspended, and may incur RM100.00 reconnection fee at Budget Hosting's discretion.
• If the account is suspended for over 7 calendar days, a RM250.00 setup fee may be imposed, for instance if Budget Hosting needs to re-setup an entire server for the customer.
• Accounts may be deleted if they have spent 7 calendar days in a suspended state.
• Any discrepancy or dispute in invoice or payment made must be reported to Budget Hosting within 30 days after payment is made. Budget Hosting will not accept any dispute in payment made after 30 days.
2) Pricing. Budget Hosting may change our prices from time to time. Budget Hosting may increase the fees for the Services (i) as permitted in the applicable Service description published on the Budget Hosting website or in a promotional offer (collectively, the “Service Description”). It is your sole responsibility to periodically review all billing-related information provided by Budget Hosting through the website.
3) Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
4) Web Design Down Payment. Budget Hosting will charge the first year of the hosting fee (of the design package), and 50% upon design fee. Maximum 3 adjustments on designed website will be allowed for users. After 3 adjustments, full payment shall be made.
D)Disclaimer
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Budget Hosting exercises no control over, and accepts no responsibility for, the content of the information passing through Budget Hosting's host computers, network hubs and points of presence or the Internet.
E)Miscellaneous
1) Backups. For its own operational efficiencies and purposes, Budget Hosting from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON BUDGET HOSTING SERVERS, AND under no circumstance will Budget Hosting be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any Budget Hosting server. Budget Hosting will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason and does not maintain any backups of dedicated accounts.
2) Independent Contractor. Budget Hosing and Subscriber are independent contractors and nothing contained in this Agreement places Budget Hosting and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.