Hosting Terms & Conditions

Last updated: 4 September 2019

 

Parties

Vendee hereinafter referred to as “You” or “Client”. Vendor, FiveDot SDN BHD, a Malaysia Limited Liability (Sendirian Berhad or SDN BHD) Company hereinafter referred to as “FiveDot”, “Our”, “Us” or “We” who solely owned https://www.fivedot.com.my and any subpages (“Site”).

This Hosting Terms (“Terms”) is hereby entered into between the Client(s) and applies to the purchase of all Hosting services (hereinafter collectively referred to as “Service”, “Hosting”, or “Hosting Service”) ordered by Client.

 

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representatives and we will send you a paper copy via email, mail or fax.

 

Terms and Conditions

1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Digital Presence Solution and apply to all contracts and all work was undertaken by FiveDot SDN BHD for its clients. Any contradict terms against the standard terms and conditions are enforceable subject to the agreement between both parties which must be put down in writing and signed by both parties.

2) WEB HOSTING: FiveDot agrees to provide the client with Hosting Service as described in the Service Package. The Hosting Service place the client’s website within one or more servers. Resources are shared between many customers on the same servers; however, each site is given a unique address (DNS).

3) OUR FEES AND DEPOSITS: All fee has to be paid upfront for Hosting Service before the Service is delivered. For subscription of Cloud Server Hosting that which are paid on a monthly basis. The fee shall be paid before the service month to avoid disruption of the service.

4) REFUND POLICY: We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:

  • 50% deposit would be refunded with reasonable deduction if requested by the vendee within 7 calendar days from the date of order, provided that a reasonable justification in support of the said refund is given by vendee
  • Refund not applicable for any delays out of our control.
  • Refund not applicable on domain registration fees.
  • Refund not applicable on domain SSL (Secure Sockets Layer) certificate fees.
  • Refund not applicable on private email hosting.
  • Refund not applicable for Cloud Server Hosting once the payment is made for the billing cycle.

5) MIGRATION OF SERVERS: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

6) STORAGE CAPACITY: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting files(s).

7) JUSTIFICATION: You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the MYNIC Berhad, an agency under the Ministry of Communication and Multimedia Malaysia, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

8) ABUSIVE ACTIVITIES & OTHER THREATS: You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, FiveDot, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that FiveDot reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in FiveDot’s discretion for security purposes.

In addition, you agree not to engage in unacceptable use of the Hosting Services, which includes, without limitation, use of the Hosting Services to (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have the authorization to access or at a level exceeding Your authorization; or (3) use your server as an “open relay” or for any of the above purposes.

We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.

9) STORAGE & SECURITY: You shall be solely responsible for undertaking measures to (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

10) WEBSITE/SERVER CONTENT: You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Service.

If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.

If you request that we install any Third-Party Software (defined below) not provided as part of the Hosting Service, you represent and warrant that (1) you have the right to use and install the Third-Party Software, (2) you have paid the applicable licensing fees for the Third-Party Software, and (3) the Third-Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

11) STORAGE & PLAN LIMITS: All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files, and folders, tables or gigabytes (as the case may be), or can be temporarily or permanently suspended, in our sole discretion. All Hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

WordPress Hosting may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any WordPress hosting account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or can be temporarily or permanently suspended, in our sole discretion. Additionally, you may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should you wish to continue hosting the non-WordPress site on our network.

You acknowledge and agree that inbound UDP is not supported in shared hosting environments.

12) UNLIMITED DISK SPACE/BANDWIDTH/WEBSITE PLANS: Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.

13) HOSTING MIGRATION: If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.

You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.

You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.

We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own Managed WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.

14) SERVICE UPTIME GUARANTEE: We offer a Service uptime guarantee of 99.9% of available time per month. If we fail to maintain this Service Uptime in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee equivalent for a month. The Service Uptime does not apply to service interruptions caused by (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

15) THIRD-PARTY SOFTWARE: Third-Party Software means any software or application developed and owned by a third party provider that we may contract with from time to time. We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers.

In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

16) ILLEGAL ACTIVITIES: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. FiveDot is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also FiveDot’s policy to terminate the privileges of customers who commit repeat violations of copyright laws. Reference our copyright infringement policy for more information.

17) DOMAIN NAME REGISTRATION/RENEWAL: FiveDot is not an MYNIC Berhad or ICANN accredited registrar. We purchase the domain name from a third-party company which is registered under the authorized bodies. Therefore, we must bound to the MYNIC Berhad & ICANN policies. You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. For additional legal information, please see:

18) DOMAIN NAME REGISTRATION REQUIREMENT: To the extent any TLD or ccTLD requires you meet eligibility (e.g., residency for .MY, .EU, etc.), validation (e.g., DNS validation) or other authentication requirements as a condition to registering a domain name in the TLD, you agree that by submitting an application or registering or renewing your domain name, you represent and warrant that (a) all information provided to register or renew the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria for the applicable TLD for the duration of the domain name registration; (c) you have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application (if applicable); (d) you acknowledge and agree that even if the domain name is accepted for registration, your entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and (e) you acknowledge and agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.

19) LIMITED LIABILITY: In no event shall the service provider be liable to the client for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits,whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. FiveDot makes no warranty of any kind, whether express or implied, with regard to any third-party products, third party content or any software, equipment, or hardware obtained from third parties.

20) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither FiveDot nor any of its employees or agents, warrant that the functions contained in the Hosting Service will be uninterrupted or error-free. In no event will FiveDot or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if FiveDot has been advised of the possibility of such damages.

21) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

22) NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. Any disclosure of information, such as review, project portfolio and other related exposure of your work will acquire agreement from the Client in a written notice.

23) ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional service, purchase of third-party software/tool, marketing services or any other comparable expenses. These extra add-ons have to be paid immediately and in advance before the work.

24) RIGHT OF REFUSAL: FiveDot reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications. This applies to the Client’s website/hosting system that has a depreciated version which update has not to be performed for a long time period. Updating these websites/hosting system might affect the compatibility of the website with its functions and tools. Hence, it will be treated as not fit for the Service. FiveDot shall recommend actions to deal with the issue. Any other factors that deem to be unfit of the Service will be rejected as well.

25) CHANGES TO THE SERVICE & TERMS: FiveDot reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. In the event FiveDot anticipates that any such action will significantly affect your use of the Service in a negative way, FiveDot will endeavour to provide you with advance notice by email or by posting relevant information on the Site. FiveDot reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Service following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Service immediately. FiveDot assumes no liability or responsibility for your failure to review the current version of these Terms.

26) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into the Law of Malaysia. Any dispute will be litigated or arbitrated to the Law of Malaysia.

 

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If you have any questions or concerns about our use of your personal information, please contact us using the following details: [email protected].