Terms of Service
The following agreement is by and between ServerFreak Technologies Sdn Bhd(SERVERFREAK) and you (the client).
All Users of services provided by SERVERFREAK, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
NOTE: Pornography and sex-related merchandising are PROHIBITED on any SERVERFREAK server. This includes, and is not limited to, direct links to such webpages or websites.
NOTE: Spamming, or the sending of unsolicited email, from a SERVERFREAK server or using an email address that is maintained on a SERVERFREAK machine is STRICTLY PROHIBITED.
This Agreement is made between SERVERFREAK Registered office: 12A, Jalan Teluk Pulai KS/1, 41100, Klang, Selangor Darul Ehsan, Malaysia. ("we" and also "SERVERFREAK") and the user ("you").
The following constitute the terms and conditions under which SERVERFREAK trades and supplies its services and related products. These conditions, in conjunction with the details as shown on the SERVERFREAK Order Form (where completed) represent the totality of the agreement and form the Contract between SERVERFREAK and the User.
Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. SERVERFREAK is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.
In this Contract unless the context otherwise requires:
"Service" or "Services" means domain name registration, website hosting, bandwidth provision, email and any other web hosting related service or facility provided by us to you;
"Server" means the computer server equipment operated by us or provided by you in connection with the provision of the Services;
"Website" means the area on the Server allocated by us to you for use by you as a site on the Internet;
"SERVERFREAK" means FUTURE NET, Registered office: 19, Jalan Jambu Mawar, Taman Orkid, 41100, Klang, Selangor Darul Ehsan, Malaysia;
"Contract" means the agreement between SERVERFREAK and the User incorporating these conditions, the SERVERFREAK Order Form (where completed) and SERVERFREAK's published charges for the provision of its services; References to "Agreement" shall, where the context admits, be read as referring to the Contract
"Charges" means the charges as agreed on the Order Form (where completed) and SERVERFREAK's latest published prices for products and services requested or incurred by you
"Bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;
"Data transfer" means all traffic that passes through the Website including specifically but not exclusively web traffic, email, FTP transfers and any shell session data;
"Site" means the premises or location at which Service is or is to be provided under this Contract;
"Equipment" means equipment which is supplied by or on behalf of SERVERFREAK to the customer or placed at or on a Site for the purpose of providing Service;
"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
"User" means you, the Customer, or any person who makes use of the services though you or on your behalf;
"Initial Contract Term" means the initial period of service as specified in clause 6;
"Extension Term" means each successive period of twelve months unless stated otherwise to SERVERFREAK via telephone, electronic mail or fax after the Initial Contract Term.
2. Domain Name Registration
2.1 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. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;
2.2 The registration and use of your domain name is subject to the terms and conditions of use 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 to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
2.4 We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
2.5 SERVERFREAK shall be entitled to withhold the release of any domain name to another provider or "tag holder" unless full payment of all amounts due to us at that time for whatever reason has been received by us:
2.6 If payment is not received for any domain name SERVERFREAK may delete or retain the domain for further sale.
3. Website Hosting and Email
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss of or damage to any data stored on the Server.
3.2. You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
3.3.1 You will not use the Website in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus or other hostile computer program; (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. Your attention is drawn to the provisions of subclause 8.3 below.
3.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
3.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Website which is detrimental to our other customers.
3.6 You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.7 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
3.8 Any access to other networks connected to SERVERFREAK must comply with the rules appropriate for those other networks.
3.9 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
3.10 Customers are restricted to the data storage, number of domain names, and bandwidth quota according to your web hosting package. Web hosting package details can be sent to you upon request. Additional bandwidth usage will be charged at current published prices.
4.1 You are not permitted to resell the SERVERFREAK shared hosting service without the express permission of SERVERFREAK. Reselling of the SERVERFREAK shared hosting service will bring you into default unless otherwise agreed;
4.2 Reselling in this case means reselling the SERVICE as a whole to others.
4.3 Reselling is only allowed under the Reseller Hosting Service, unless otherwise agreed.
5. SERVERFREAK Service
5.1 Connection to the SERVERFREAK Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated on the Order Form, does not include the provision of telecommunications services necessary for connection to the SERVERFREAK Service.
5.2 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.
5.3 SERVERFREAK will use all reasonable endeavours to adhere to any dates proposed by either SERVERFREAK or you for the provision of Service; however any such date is to be treated as an estimate only and SERVERFREAK accepts no liability for failure to meet such dates.
5.4 SERVERFREAK will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and SERVERFREAK does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone or electronic mail to SERVERFREAK's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that SERVERFREAK may from time to time provide. Upon receipt of the fault report, SERVERFREAK will take all proper steps without undue delay to correct the fault. SERVERFREAK shall not, in any event, be liable for interruptions of Service or downtime of a Server.
5.5 SERVERFREAK may:
5.5.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. SERVERFREAK undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension.
5.5.2 Give or update instructions regarding the use of Service which in SERVERFREAK's reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to SERVERFREAK's customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,
5.5.3 Vary the technical specification of Service for operational reasons.
5.6 Service Level Agreement - At the Customer's request, SERVERFREAK will calculate the Customer's "Service Unavailability" in a calendar month. "Service Unavailability" consists of the number of minutes that the SERVERFREAK Website located at Telecity was not available to the Customer in excess of the 0.1% permitted unavailability, and includes unavailability associated with any maintenance at any SERVERFREAK node other than Scheduled Maintenance. Outages will be counted as Service Unavailability only if the Customer reports an outage to SERVERFREAK support by telephone, fax or email within five days of the outage. Service Unavailability will not include Scheduled Maintenance, unavailability of individual Services (such as email, webserver or other user-configurable application) or any unavailability resulting from (a) the Customer's applications, equipment, or facilities, (b) acts or omissions of the Customer, or any use or user of the Service authorized by the Customer or (c) reasons of Force Majeure or other circumstances beyond SERVERFREAK's reasonable control (as defined in clause 13 of these terms).
5.6.1 Compensation - For each complete hour of Service Unavailability, in excess of the 0.1% permitted unavailability, in any calendar month, at the Customer's request the Customer's account shall be credited for the pro-rated charges for one day of the SERVERFREAK Monthly Fee for the Service with respect to which this SLA has not been met.
5.6.2 Scheduled Maintenance - "Scheduled Maintenance" shall mean any maintenance at any SERVERFREAK node of which the Customer is notified 48 hours in advance.
5.6.3 The Customer is solely responsible for providing SERVERFREAK with accurate and current contact information for the Customer's designated points of contact. SERVERFREAK will be relieved of its obligations in this agreement if SERVERFREAK's contact information for the Customer is out of date or inaccurate due to the Customer's action or omission or if SERVERFREAK's failure is due to reasons of Force Majeure or other circumstances beyond SERVERFREAK's reasonable control (as defined in clause 13 of these terms).
6. Commencement and Initial Period of Service
The Service shall be for an initial period as specified on the Order Form (where completed). The Service, unless otherwise agreed on the Order Form (where completed), shall be provided for an Initial Contract Term of twelve months. The Initial Contract Term shall commence upon connection. Connection shall be deemed to be effected when the link is first live to the your Site or other such point as requested by you, to the SERVERFREAK network.
7. Bandwidth Utilisation
If the bandwidth or speed of Service used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current published prices.
Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances. Customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the allowance shall be billed at MYR3 per GigaByte.
8. Content and Misuse
8.1 You will use all reasonable endeavours to ensure that the SERVERFREAK Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring SERVERFREAK into disrepute.
8.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within clauses 3 and 4 of this Contract, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.
9. Charges and Payment
The Client agrees to pay the charges on the following terms:
9.1 All Charges shall become due and payable to SERVERFREAK at the times and the stages specified in the Payment Schedule section of the Specification Sheet
9.2 The Client shall pay any additional charges which are agreed between SERVERFREAK and the Client for the provision of the Services within 7 days after completion of the Services and the Client shall also pay such additional charges which are in SERVERFREAK's sole discretion required as a result of the Client's instructions or lack of instructions, delay in providing or the inaccuracy of any Supplied Material or any other cause attributable to the Client
9.2 The Client will be given 3 day grace period after which the account is put on suspension if payment is not made at the stages specified in the Payment Schedule.. You will receive a payment reminder everyday from the start of your payment due date.
9.3 In the event of late payment the Client shall pay interest on the amount of the Charges outstanding at the compounded interest rate of 10% daily starting from the day of suspension.
9.4 If any payment remains overdue after 14 days after the expected date stated on Payment Schedule, SERVERFREAK reserves the right to immediately remove the Client's Website from viewing on the Internet and to suspend all other work until payment of all outstanding charges and interest is made. Such removal or withholding does not relieve the Client of his or her obligation to pay any outstanding Charges and interest. If such a suspension is imposed, you will be liable for a "reconnection" charge of RM50.
9.5 The Client shall be liable for and shall indemnify SERVERFREAK against all costs and expenses incurred by SERVERFREAK in respect of any steps, actions or proceedings made or brought against the Client by SERVERFREAK to obtain payment of outstanding Charges and interest
9.6 All payments must be in Ringgit Malaysia MYR unless otherwise agreed in writing. If any cheque from the Client is returned by the bank as unpaid for any reason the Client will be liable for an administration fee of RM50
9.7 You acknowledge that our Services are provided using facilities provided to us by third parties; SERVERFREAK shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.
10.1 If you do not pay the charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way, or are subject to bankruptcy or insolvency proceedings SERVERFREAK can (without prejudicing, losing or reducing any other right or remedy) suspend Service, wholly or partially, without notice (but the User remains liable during the suspension to pay charges for Service), or terminate this Contract by immediate notice, without prejudice to SERVERFREAK's pre-existing rights.
10.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.
10.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.
10.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Website and to remove all data located on it. We shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide, to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Website as we think fit.
10.5 For so long as any sum due to SERVERFREAK hereunder is unpaid or any other amount is due to or properly claimed by SERVERFREAK from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, SERVERFREAK shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by SERVERFREAK or by its agents until such time as all amounts due to SERVERFREAK are paid and/or any issue between you and SERVERFREAK is determined.
10.6 If SERVERFREAK waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by SERVERFREAK in acting upon a breach is not to be regarded in itself as a waiver.
11. Termination of Service
11.1 Service may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the Initial Contract Term or at any time thereafter. If SERVERFREAK gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges as provided in subclause
11.2 SERVERFREAK reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days prior written notice of termination.
11.3 After the expiry of the Initial Contract Term you may terminate the Service by giving not less than 30 days prior written notice of termination, but subject to subclause 11.4.
11.4. Your notice does not avoid any other liability for Service already provided.
11.5 The Contract is a yearly contract unless stated otherwise in the Order Form(where completed) and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the then current Extension Term even though Service ends before the end of the Extension Term.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
13. Matters beyond SERVERFREAK's reasonable control
SERVERFREAK is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
14.1 You acknowledge that SERVERFREAK has no control over the information transmitted via the Service and that SERVERFREAK does not examine the use to which you put the Service or the nature of the information you are sending or receiving. SERVERFREAK hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
14.2 SERVERFREAK undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
14.3 SERVERFREAK is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
14.4 SERVERFREAK makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.
14.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 14.6.
14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
14.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
15.1 In case of abuse, SERVERFREAK reserves the right to suspend refuse or terminate any service provided at our sole discretion, without notice or refund. SERVERFREAK will not under any circumstances be responsible for consequential damages.
Abuses include but are not limited to:
- sending spam e-mails - unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups
- spoofing - using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message
- passive spamming - promoting a web site hosted by SERVERFREAK by spamming from some other source
- trolling - posting controversial messages in newsgroups to generate responses
- mail-bombing - inundating a user with e-mail without any serious intent to correspond
- generating a higher volume of outgoing mail than a normal user
- cross-posting messages
- posting obscene or inflammatory messages
- threatening other SERVERFREAK users
- mail bombing SERVERFREAK
- running packet sniffers or port scanners, or spamming. Spammers will be held responsible for the all cleanup fees.
- System abuses including but not limited to the excessive use CPU resources, disk space, and e-mail storage space. Hacking the systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts are also considered abuses.
- proxy site
- HYIP (High Yield Investment Program) site
- online casino or gambling site
- adult site / pornography site / child pornography content
- promoting WAREZ content
- sucks site - Sites that are attacking in nature - specifically "sucks" types sites and sites that use others corporate names to promote them as sucking or use their corporate image / logo exactly or in slightly altered ways are expressly disallowed.
15.2 Any attempts to undermine, slander, libel, threaten, or cause harm to a SERVERFREAK’s server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
16. Free Domain Offers
When this offer is being run and you may need a valid promo code. The terms and conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf. All we ask is that you stay hosting with us for a minimum of 1 year. If you decide to leave before 1 year and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 1 year or longer and then decide to leave you are free to take the domain at no charge. Customer that request for a refund of hosting package that comes with free domain within 30days, customer will not get a full refund instead customer have to bear for the domain registration cost.
17. Refund and Cancellation Policy
SERVERFREAK accepts MasterCard, Visa, WorldPay, Paypal, Western Union, bank transfer, money order, cash and cheque deposit. SERVERFREAK invoices exclusively via e-mail. SERVERFREAK does not send out invoices via postal services. You may cancel your account at any time and receive a full refund (excluding SSL certificate, dedicated IPs, free domain name (customer have to pay for full domain registration fees), dedicated server and any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) days money-back guarantee period. If you wish to cancel your hosting account after thirty (30) days, you will receive no refund of any monies already paid to SERVERFREAK. However, if customer cancels fifth teen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect. For dedicated server subscription without setup fee, cancellation within 1 year will incur RM 2,000.00 cancellation fee. For shared hosting/reseller hosting/ semi-dedicated hosting/ VPS, cancellation within 1 year will incur RM 100.00 cancellation fee. Refunds will be given at the discretion of the company management. A transaction charge of 3% is levied by iPay88/MOLPay on all payment paid by iPay88 or MOLPay.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
19. Intellectual Property Rights
Material accessible to you through Services may be subject to protection under the Malaysia (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the SERVERFREAK Network. If you use a domain name in connection with the Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
You may assign all or part of this Contract to any other party only with the prior written agreement of SERVERFREAK. SERVERFREAK reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of SERVERFREAK.
This Agreement shall be governed by and construed in accordance with Malaysia law and you hereby submit to the non-exclusive jurisdiction of the local courts hereinafter referring to the courts in Malaysia.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
23. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
REVISIONS TO THIS ACCEPTABLE USE POLICY
ServerFreak reserves the right to revise, amend, or modify this AUP, and our other policies and agreements at any time and in any manner.