Terms of Service for Web Hosting, Colocation and Dedicated Server Hosting
Here are the terms that go along with your account. Signing up for service indicates that you have read and accept these terms.
WHEREAS, Webzilla Singapore is a Web Presence Provider connected to the Internet. Webzilla Singapore Pte Ltd offers internet services through access to its Web Servers or client’s colocation servers.
WHEREAS, client seeks to utilize Webzilla Singapore Pte Ltd services for his own purposes.
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by anyone entity; therefore,Webzilla Singapore Pte Ltd can make no guarantee that any given user shall be able to access Webzilla Singapore Pte Ltd services at any given time. Webzilla Singapore Pte Ltd represents that it shall make every good faith effort to ensure that its services are available as widely as possible and with as little service interruption as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a monthly, quarterly, half-yearly or multi years contract. Accounts are payable in the period as agreed to, and signifies such agreement by acknowledgement in account setup form or subsequent written agreement. A month is considered to be a calendar month. The date at which a new account becomes active shall be the date upon which notification is sent to the Client of the IP number or Domain password and information.
2. This agreement will automatically be renewed unless cancelled in writing 20 working days prior to the renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract and Agreement revisions if any. Webzilla Singapore Pte Ltd shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Webzilla Singapore Pte Ltd services. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
3. Invoices are sent out via post or email. If an account is not paid in full within 30 days of the due date then we have the right to suspend your account (without notice) until all payments have been received. It is the duty of the client to keep Webzilla Singapore Pte Ltd updated on their current address and admin email contact.
1. Webzilla Singapore Pte Ltd exercises no control whatsoever over the content of the information passing through the network/Webzilla Singapore Pte Ltd make no warranties or representations of any kind, whether expressed or implied for the service it is providing. Webzilla Singapore Pte Ltd also disclaim any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions. Use of any information obtained by way of Webzilla Singapore Pte Ltd is at the Client’s own risk, and Webzilla Singapore Pte Ltd specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represent the speed of a connection and do not represent guarantees of available end to end bandwidth. Webzilla Singapore Pte Ltd expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Webzilla Singapore Pte Ltd specifically deny any responsibilities for any damages arising as a consequence of such unavailability.
III. Trademarks & Copyrights:
1. Client warrants that it has the right to use the applicable trademarks, if any and grants Webzilla Singapore Pte Ltd the right to use such trademarks in connection with Webzilla Singapore Pte Ltd services.
1. The Client certifies that he or she is at least 21 years of age.
V. Internet Etiquette:
1. SPAM, Unsolicited Commercial Emails or irrelevant postings to newsgroup contrary to its posting criteria is prohibited. Proven cases will need to compensate 8 to Infinity Pte Ltd S$5 for every proven SPAM, UCE or irrelevant newsgroup postings. MPEG, MP3, AVI and all streaming video/audio and related materials are expressively prohibited from our virtual hosting servers. Written permission have to be obtained for such materials to be loaded into our virtual hosting servers. Port scanning, Internet Relay chats are expressively prohibited from all our services.
VI. Limited Liability:
1. Client expressly agrees that use of Webzilla Singapore Pte Ltd services is at Client’s sole risk. Neither Webzilla Singapore Pte Ltd, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Webzilla Singapore Pte Ltd services 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 services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Webzilla Singapore Pte Ltd Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Webzilla Singapore Pte Ltd, its officers, agents or any one else involved in creating, producing or distributing Webzilla Singapore Pte Ltd services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Webzilla Singapore Pte Ltd services; or that results 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 Webzilla Singapore Pte Ltd records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Webzilla Singapore Pte Ltd services.
3. Client is to monitor their own domain renewals/registrations. Please inform Webzilla Singapore Pte Ltd immediately if there is any discrepancies. Webzilla Singapore Pte Ltd will not be liable for any domains it failed to secure even if payment is made in full. For such cases, Webzilla Singapore will refund the domain fees paid in full. Any penalties resulting from expired or deleted domains are to be borne exclusively by Client
4. Notwithstanding the above, Client’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 Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
VII. Lawful Purpose: Client may only use Webzilla Singapore Pte Ltd services for lawful purpose. Transmission of any material in violation of any International, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. Webzilla Singapore Pte Ltd expressly forbids anyone from using Webzilla Singapore Pte Ltd services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to pornography, satanic materials, warez and any and all materials of an adult nature. 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 the Webzilla Singapore Pte Ltd management.
1. Client agrees that it shall defend, indemnify, save and hold Webzilla Singapore Pte Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Webzilla Singapore Pte Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Webzilla Singapore Pte Ltd against Liabilities arising out of
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with Webzilla Singapore Pte Ltd services
(ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and
(iv) any defective product which Client sold on Webzilla Singapore Pte Ltd services.
1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Webzilla Singapore Pte Ltd may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. No refunds, full or pro-rata will be available if Client terminated before contracted period.
2. In the case of “Force Majeure”, Webzilla Singapore Pte Ltd will notify the Client at the earliest opportunity. “Force Majeure” will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of “Force Majeure”. “Force Majeure” means any event or thing outside Webzilla Singapore Pte Ltd reasonable control, which directly or indirectly causes Webzilla Singapore Pte Ltd becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond Webzilla Singapore Pte Ltd reasonable control, which causes a delay or ultimately a failure to perform Webzilla Singapore Pte Ltd obligations under this Agreement.