Hosting & Domains Terms and Conditions
This document is to clarify the rights and responsibilities as a customer/user of all LOCUS-T’s Services. This policy applies to all users of LOCUS-T networks and services including without limitation customers and their employees, agents, contractors and/or other end-users (“Users”). All Users are required to comply with this AUP and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to any services offered by LOCUS-T from time to time.
- “Business Day” means any day other than Saturdays, Sundays or public holidays gazette for Selangor.
- “Content” means, The Customer or End User’s, files, pages, data, works, information or materials, on, within, displayed, linked or transmitted, including but not limited to any trademarks, service marks, images, photographs, illustrations, graphics, audio clips, video clips, email, messages, meta tags, domain names, software or text, in any content or resources, which is, located on or used, from or through, the server space on LOCUS-T’s system allocated to The Customer.
- “End User” means any third party that uses The Customer Content.
- “Events of Force Majeure” means any event or circumstance – which (i) is beyond a Party’s reasonable control, (ii) could not be addressed by a reasonable person before entering this Terms of Services, (iii) having arisen, could not reasonably be overcome; and (iv) materially disrupts the performance of this Terms of Services and subject to the foregoing being satisfied, a Force Majeure Event includes, inclement weather beyond the norm, natural disaster, damage to facilities, supplier’s, default or failure, or the conduct of third parties, acts of God, war, riot, malicious acts of damage, civil commotion, strike or lockout or industrial dispute (other than those by the employees, representatives or agents of the Party claiming the Force Majeure Event), commercial power failure, fire, or by compliance with any orders of any authorities or anybody or persons acting for such authorities.
- “Mean Time to Respond” means the duration indicated as Mean Time to Respond in Table 2 associated with the problem reported by the Customer.
- “Mean Time to Repair” means the duration indicated as Mean Time to Repair in Table 2 associated with the problem reported by Customer.
- “Payment Arrival” means customer has made the payment and notified LOCUS-T with proof of payment and LOCUS-T acknowledged the payment with Official Receipt.
- Description of Service
LOCUS-T shall provide Customer the “Services”, which, LOCUS-T may, in part or whole, change, deprecate or discontinue, at its sole discretion, including but not limited to any application programming interface, in consideration of the Customer paying LOCUS-T the “Fees” as, amended from time to time.
Any third party services included under Services shall be subject to additional, terms and conditions, under the Terms of Services between Customer and the service provider which is independent of this Terms of Services. All other, rights, title or interests, in Services vest with LOCUS-T and LOCUS-T grants The Customer a, limited, revocable, non-exclusive, non-delegable, non-sub-licensable and non-transferable, right to only, use the Service and any associated material, until the earlier, expiry or termination, of this Terms of Services. In the event The Customer make any suggestions to LOCUS-T, then The Customer agree that all, rights, title and interests, to the suggestions, even if marked as, proprietary or confidential, is irrevocably assigned by The Customer to LOCUS-T, at no cost and free of charge. The Customer will not and The Customer shall ensure that End User will not, use Services other than as allowed by this Terms of Services.
*Verification; All order are subject to additional verification but not limited to; Telephone voice conformation, additional business email addresses, website, and additional payment methods such as bank or paypal account. LOCUS-T reserves the Right to decline any order what so ever and payment will be refunded in a timely manner.
- Payment Term
- Customer is STRICTLY not allowed to perform any form of amendment or modification towards invoice issued by LOCUS-T.
- Customer must notify LOCUS-T of any disputed charges within seven (7) days from the date of the invoice, otherwise, Customer will be deemed to agree to such charges and LOCUS-T will not be subject to making adjustments to charges or invoices.
- Fees payable yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. The Customer will automatically be charged again at the end of their service prepay period unless The Customer has followed the Termination procedure.
- Customer shall pay the Fees according to the payment, without any, set-off, counterclaim, deductions or withholding; The Customer will be responsible for the payment of all taxes, duties (including stamp duty), fees and other charges made by any government authority in relation to this Terms of Services (other than taxes payable on the overall income of LOCUS-T Sdn Bhd).
- All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies LOCUS-T in accordance with the cancellation procedures below of the termination of services.
- LOCUS-T is responsible for Cheque collection; Customer shall be paying the invoice via PayPal, bank in or wire transferred to LOCUS-T.
- The Customer must bear full responsibility to this Payment Term as Below:
- All monthly charged bills are required to settle within 7 days from the invoice date.
- All quarterly, half-yearly, or yearly charged bills are required to settle within 21 days from the invoice date.
- Customer that have any unsettled invoices after their given due date will be suspended. If a further invoice falls due during the suspension of the Client’s account then this will be added to outstanding balance owed by the Client. Customer are still liable to all unsettled outstanding.
- LOCUS-T may change the pricing for any existing by giving Customer at least 21-day advance notice.
Price change for existing service or new service will be effective when LOCUS-T post an update on the LOCUS-T website or in a notice of e-mails or faxes to the customer;
- For Customer that subscribing to
- Linux Shared Hosting
You shall receive a renewal reminder at 30 days before the service expired; If Customer would like to renew the service, Customer required to pay LOCUS-T the fee described at the reminder.
- For Customer that subscribing to
- Linux Cloud Hosting
You shall receive a renewal reminder at 30 days before the service expired; If Customer would like to renew the service, Customer required to pay LOCUS-T the fee described at the reminder.
Customers who want to terminate the service are responsible to request for termination and provide LOCUS-T in advance thirty (30) days written notice through firstname.lastname@example.org.
- Upon termination of this Term of Service:
- All The Customer’s right will terminate.
- The customer remains responsible for all outstanding Fees.
- The Customer will return to LOCUS-T all its materials without retention of copies.
- LOCUS-T reserves the right to refer any debts owed by The Customer to LOCUS-T under this Terms of Services to a third party collection agency to collect the payment of such debts from The Customer and The Customer agree that all expenses arising shall be borne by Customer.
- The Customer’s use of the Services is terminated, The Customer shall be responsible for, copying and the secure deletion, of Content stored on the LOCUS-T servers. LOCUS-T will not transfer content to another party.
- LOCUS-T will without notice remove Customer’s data from its systems and any equipment after seven(7) day prior period after service force termination.
- Customer’s services include the purchasing of licensing for software by LOCUS-T on behalf of the client, LOCUS-T are unable to refund any proportion of the software and/ or licensing fees incurred.
- For Customer that subscribing to
- Use of Customer’s Content
- Customer grants and shall procure from End Users to grant, LOCUS-T;
- Customer grants and shall procure from End Users to grant, LOCUS-T;
- Customer’s or its End User’s Content
- The Customer shall be solely responsible for:
- providing, developing, uploading, downloading, updating, operating, maintaining, backing up or archiving, Content;
- ensuring that Content is compatible for use with Services; all Content; domain names provided by The Customer or domain names registered on behalf of The Customer, in connection with the Services.
- The Customer shall be solely responsible for:
- Payment Term
- Availability of Services
- Registration and administration of domain names
- Webhosting, which is understood as shared hosting of websites, email addresses and other services for their own domain.
- Server hosting
- Cloud Hosting, which is understood as virtualized third-party hosting.
- Smart Hands Services: Services that are defined as extra service that required by customer.
* The list of services can be changed based on LOCUS-T current offer.
- Customer agrees that LOCUS-T has no control over the availability of the Services on an uninterrupted basis. Notwithstanding the foregoing, LOCUS-T shall use commercially reasonable efforts to provide the Services. When, however, unforeseen circumstances beyond the control of LOCUS-T which affects the Services occur including but not limited to any:
- equipment malfunction;
- routine tests, maintenance, upgrade or repairs, which LOCUS-T may undertake from time to time;
- periods The Customer or End User, upgrade, downgrade or maintain, Content which prevents the use of Services;
- acts or omissions, by The Customer or any of The Customer’s employees or The Customer’s agents or End Users, resulting in Downtime;
- Domain name system (“DNS”) problems outside of LOCUS-T’s control, issues with customer’s internet access including but not limited to any problems with The Customer’s internet service provider, interruption by or failure of, telecommunication or digital transmission links, hostile network attacks, network congestion, faulty web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access LOCUS-T’s servers;
- any negligence, wilful misconduct, or use of the Services in breach of Terms of Services; or
- Events of Force Majeure,Collectively (“Service Unavailability”), The Customer agrees that LOCUS-T would not be required to provide the Services.
- Domain Services
- Domain Policies
All domain names purchased through LOCUS-T are subject to the following Terms of Services and regulations; based on the ICANN Uniform Domain-Name Dispute-Resolution Policy found at https://www.icann.org/en/udrp/udrp.htm
All .MY domain extension shall comply with the policies published at https://www.mynic.my
- According to a properly completed and sent order of a domain and payment, LOCUS-T shall ensure the Customer to register the selected domain name. Through LOCUS-T, the Customer shall pay fees for the operation of the domain name. And to appoint LOCUS-T as the invoicing party of the domain name, not its owner or payer.
- The Customer acknowledge, agrees and understands that the ability to register ordered domains depends on the timely carrying out of agreed payments and the delivery of other documents to the Provider and subsequently by LOCUS-T to the domain registrar, and the Customer agrees that LOCUS-T does not bear any liability towards the Customer in the event that the selected domain name is already registered by another applicant for the purpose of quicker fulfilment of all necessary conditions for performance of registration (particularly sending of necessary permission or timely receipt of a proper payment from the Customer to LOCUS-T account).
- Requests for registration of domain names are handled chronologically in the order in which all requirements for proper registration of the domain name are fulfilled (particularly when the Customer delivers documents and confirms approvals and LOCUS-T receives payment).
- The Customer acknowledge, agrees and understands that for certain domain endings such as .my Domain Registrations, LOCUS-T may request Customer to fax a copy of Form D/24 or 49 to LOCUS-T. Without which the registration cannot be carried out with the registrar.
- The Customer is also notified that for certain domains, necessary steps need to be carried out for proper registration such as obtaining a notarized statement of Terms of Services with the registration rules or sending the Provider a photocopy of personal documents, etc.
- The Customer also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever is used for any unlawful purpose.
- The Customer must acknowledge, agree and understand the terms and conditions according of the general rules issued by the domain registry.
- LOCUS-T does not offer refund(s) for domain name registration(s) for any reason, including misspelling of the domain.
- When the Domain Registration process cannot be completed successfully, LOCUS-T will refund the amount paid for the Domain Registration. Or the fee paid can be used for off-setting next coming LOCUS-T Invoice.
- Domain Policies
- Domain Renewal
- LOCUS-T shall renew Customer’s domain name in the event that the Customer as the owner of domain name requests us to renew upon payment arrival and provided that LOCUS-T is the appointed reseller or the invoicing party of the Customer’s domain name at the scheduled time of expiry.
- In terms of domain name expiration, The Customer shall not make any claims or compensation from LOCUS-T if the Customer did not renew the domain name on time and this caused the domain name being suspended or deleted by domain registry.
- The domain renewal fee is strictly non-refundable if the domain name has been successfully renewed upon request.
- In terms of domain name redemption, Customer shall absorb the domain redemption fee if the Customer wants to renew the domain that falls under the redemption grace period and LOCUS-T does not warrant that the application of domain name renewal that falls under redemption period will be successful.
- Abuse clause
You represent and warrant to LOCUS-T that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by LOCUS-T shall not be used in connection with any illegal activity.
You may not use LOCUS-T’s servers and Your Server Account 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. Server hacking or other perpetration of security breaches is prohibited and LOCUS-T reserves the right to remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of the Services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that LOCUS-T has the right to remove Your server content temporarily from its servers if LOCUS-T is the recipient of activities that threaten the stability of its network subject to prior written notification to You via email or facsimile.
You agree not to engage in unacceptable use of any of the Services, which includes, without limitation, use of the Services to:
- Disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, LOCUS-T, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than LOCUS-T’s standard STMP relay limit;
- Disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- Disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
- Create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
- Export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of Malaysia and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
- Interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
- Disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
- Use Your server as an “open relay” or similar purposes.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
- Abuse on Shared Hosting
- As this is a shared server, customer should not be using more than 10% of the CPU resources for more than 15 minutes. We reserved the right to suspend customer’s website prior notice, due to the said website is overloading the server and affecting others client that hosted in the server.
- Running programs in the background on an LOCUS-T server without LOCUS-T prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1,000 emails a day, or more than 100 e-mails per hour and the like are not acceptable uses of LOCUS-T’s servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories without prior authorization from LOCUS-T is prohibited.
- LOCUS-T offers commercially reasonable high-limit of disk space and/or other resources, such as bandwidth transfer, number of email accounts or FTP accounts. File quota limits are enforced to ensure system operating integrity and reliability. The intention of reasonable high-limit of disk space on LOCUS-T Shared Hosting is to provide ample resources for customer convenience, so that customers need not worry about exceeding limits.
LOCUS-T reserved the right to suspend the service without prior notice if the client
- Support Services
LOCUS-T shall at all times provide a helpdesk for fault and general reporting, maintenance and support request, by the Customer (relayed by email, facsimile or telephone, to the contact person designated by LOCUS-T).
Support Ticket that reported after working hours (18:00 hour); LOCUS-T Support Team will only response Customer on the first available business day.
LOCUS-T shall ensure that its technician responds to the Customer prior to the expiry of the Mean Time to respond which commences from the time the Customer contacts LOCUS-T’s helpdesk.
LOCUS-T, shall resolve the problem reported by Customer, PROVIDED it is not prevented and PROVIDED the problem is material, prior to the expiry of the Mean Time to Repair which commences from the time Customer contacts LOCUS-T’s helpdesk and LOCUS-T’s technician acknowledges receipt of the reported problem/ at the expiry of the Mean Time to Respond.
Based on the information Customer provide LOCUS-T in Customers’ support request ticket and after evaluation, LOCUS-T Support team will place Customer request into one of these severity levels. Expected response times will depend on the severity level.
- Shared Hosting
Security Level Severity / Problem Level Estimated Response Times 1 Urgent
System is unavailable across all sites or a breach of security or privacy compromises a site. Site visitors are faced with HTTP 503 Service Unavailable messages or site administrators are unable to login.
Within 1-3 hours 2 High
Major functionality and/or display of website content are affected by a system defect which prevents website visitors and/or site administrators from interacting with the site.
Within 3-6 hours 3 Normal
Functionality or display of website content is compromised by user error or software defect that does not affect all sites and cannot be corrected without support staff assistance.
Within 24 Hours 4 Low
Minor system defects or enhancement requests that may be resolved through software updates, maintenance cycles, or new feature roll outs.
Within 48 Hours
Table 1: Mean Times for LOCUS-T to deal with issues
- LOCUS-T Support Team is responsible for supporting LOCUS-T direct Customer.
- LOCUS-T Support Team will not offer technical support for third party vendor products that are outside of the existing server extensions.
- LOCUS-T Support Team does not support third (3rd) party applications which have been installed on LOCUS-T hosting servers. All Customers’ installed scripts must be configured by the customer, however, we will provide information regarding a servers’ specific configuration which is needed for such scripts to operate.
- Smart Hand Service is compulsory to be charged for excessive trouble shooting and error correction of scripts which is the fault of the customer. Charges of Smart Hand Services are not covered by this Terms and Conditions.
- Reinstatement Fee for: Shared Hosting Account.
If LOCUS-T suspends the Customer’s shared account for non-payment, The Customer shall be allowed to reinstate The Customer’s use of the Services within Thirty (30) business days of suspension upon approval from LOCUS-T and full payment of balances due. A Reinstatement Fee as per Appendix I will be applied.
- Cloud Hosting
Grade Severity / Problem Level Mean Time to Respond Mean Time to Repair 1 Critical Outage.
Entire Internet connection down, Power failure, network switches / router/ Single point of failure piece of hardware outputting major Alarms
30 Minutes 8 Hours 2 Major Outage
Servers/ nodes affected; severe service degradation
2 Hours 12 Hours 3 Minor Outage
Single user outage, Capacity degradation; redundant device down; management access outage
4 Hours 12 Hours 4 Important Event
Condition being monitored; resolved awaiting parts
8 Hours Second Business Day 5 Information Event
Request for Documentation
Next Business Day Second Business Day
Table 2: Mean Times for LOCUS-T to deal with issues
- LOCUS-T reserves the right to refuse providing any support to the Customer if the informed case or issue does not related to LOCUS-T.
- The Customers shall have the choice to engage “Smart Hands” support from LOCUS-T to cover out requested support issue that are non – related to LOCUS-T. Customers are provided with an assured response time matrix for engaging queries; although due to the nature of some faults no guaranteed time-to-fix can be offered on customer equipment. Charges of Smart Hand Services are not covered by this Terms of Services.
- Reinstatement Fee for: Cloud Hosting
- Uptime and Downtime for Cloud Hosting
If The Customer Cloud Hosting, has been disconnect by LOCUS-T for the reason of non – payment, The Customer shall pay a Reinstatement Fee as per Appendix I prior to any Reinstatement of The Customer’s server and notify LOCUS-T with proof of payment via facsimile or email. Once payment received, The Customer account will be activated within twenty four (24) Business Hours.
LOCUS-T may withdraw from this Terms of Services if the Customer remains failed to remit payment 30 days after the service was interrupted. Without prejudice to any other of its rights and remedies, LOCUS-T will be entitled to remove The Customer’s data from its systems and any Equipment and/or put the Equipment to any use other than The Customer if any amount due under the Terms of Services is not paid within the time frame given of its due date for payment. LOCUS-T is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Terms of Services.
The withdrawal from this Terms of Services shall take legal effect on the day when the withdrawal notification is delivered. LOCUS-T does not guarantee the delivery of the notification to the Customer, and its sending to the Customer’s email address shall be regarded as its delivery.
“Uptime” and “Downtime” refer to the duration the Services, not including during Service Unavailability under Clause 2A of this Terms of Services, are available or unavailable respectively, as measured solely by LOCUS-T’s internal monitoring systems.
In the event The Customer are affected by Downtime, LOCUS-T will credit The Customer Downtime Credit as determined in Table 2 against the following calendar month’s Uptime Fees. The Customer agree that LOCUS-T will not provide any credit against Fees for services which are unrelated to Uptime including but not limited to domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labour charges;
Duration Services is available in the calendar month Downtime Credit for the following calendar month’s Fees
Duration Services is available in the calendar month Downtime Credit for the following calendar month’s Fees 99.9% – 100% of the calendar month 0% of the current month’s Uptime Fees 99.1% – 99.8% of the calendar month 5% of the current month’s Uptime Fees 98% – 99% of the calendar month 10% of the current month’s Uptime Fees 95% – 97.9% of the calendar month 25% of the current month’s Uptime Fees 90% – 94.9% of the calendar month 30% of the current month’s Uptime Fees below 90% of the calendar month. 50% of the current month’s Uptime Fees
Table 3 -Service Level Credit for Downtime
To receive a Downtime Credit, The Customer must request for the Downtime Credit by sending an email to email@example.com within ten (10) business days after the incident of Downtime, failing which The Customer will not be entitled to the Downtime Credit.
Each Downtime Credit request must include the time of the Downtime, and the name and IP address provided under Services which experienced the Downtime. If the Downtime is confirmed by LOCUS-T, Downtime Credit will be credited to The Customer within thirty (30) days of receipt of The Customer’s Downtime Credit request.
The Customer agree that the maximum Downtime Credit credited to The Customer in a calendar month under this Terms of Services shall not exceed 50% of the Uptime Fees paid by The Customer for such calendar month. Downtime Credits are exclusive of any applicable taxes charged to The Customer or collected by LOCUS-T. Downtime Credits are The Customer’s sole and exclusive remedy, with respect to any Downtime.
- The Customer agrees that from time to time LOCUS-T may disrupt the Service whilst conducting, routine tests, maintenance, upgrade or repair, to any part of the system used for the Service PROVIDED LOCUS-T gives the Customer not less than 3 days prior notice of such action.
- The Customer agrees that when an unforeseen event affects the system used for the Service, including but not limited to critical unforeseen maintenance, it is not practicable for LOCUS-T to give advance notice of a Service disruption and that LOCUS-T in such instances shall be entitled to disrupt the Services to conduct remedial works with or without prior notice.
- The Customer agrees that LOCUS-T has the right to carry out a forensic examination in the event of a compromise to, The Customer’s hosting account or to LOCUS-T’s server.
- Shared Hosting
- The Customer’s Obligations
- The Customer shall be responsible for, the actions (act, omission or default) of End Users as if they are The Customer’s actions and for any support to End Users. In the event the End User violates Customer’s obligations under this Terms of Services, then The Customer shall terminate the End User’s access to Content immediately upon receipt of notice of the violation.
- The Customer shall, provide LOCUS-T with, and shall update LOCUS-T immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that LOCUS-T may register, charge payments to The Customer and otherwise contact The Customer as may be required from time to time in the course of this Terms of Services.
- After entering into this Terms of Services and fulfilling other potential requirements (such as payment for the service or delivery of all necessary documents such as Service Level Terms of Services) the ordered service will be set up and put into operation for the Customer, and the Customer will also receive their unique access log-in for the administrative interface from which they will manage their services and their extent as well as all contact information. The Customer shall receive access information necessary for the use of each service that is put into operation.
- The Customer represents and warrant to LOCUS-T that, The Customer or End Users:
- own all proprietary or intellectual property rights; or
- have express written authorization to use (copy, display or modify) content from its owner in using it,
In the Content and to grant LOCUS-T the rights under 2.4 of this Terms of Services without violating this Clauses 3.4
- The Customer represents and warrant to LOCUS-T that:
- The Customer or End User, shall not use LOCUS-T’s, system or Services, in connection with any illegal activity;
- The Customer shall:
- not introduce; and
- ensure that End Users shall not introduce,
- The Customer or the End User, may not, directly or indirectly, use LOCUS-T’s system including but not limited to the space occupied by The Customer on LOCUS-T’s servers as, a source, an intermediary, a reply to address, or a destination address, for, mail bombs, Internet packet flooding, packet corruption, denial of service, broadcast attacks or abusive activities.
- The Customer or the End User, shall not hack or perpetrate security breaches, of any servers including but not limited to servers belonging to LOCUS-T’s and Customer agrees that at Customer’s cost and, Customer’s and End User’s, risk, LOCUS-T may remove Content from LOCUS-T servers including but not limited to any other descriptors that contain information about, hacking or links to such information, and Customer agrees that it will not seek any compensation for the removal of such Content.
- The Customer or End User, shall not use the, Services or space occupied by The Customer on LOCUS-T’s servers, as an anonymous gateway or in restricting other users from using the Internet.
- The Customer agree that LOCUS-T may remove Content from its servers if LOCUS-T is the recipient of activities that threaten the stability of its network subject to prior written notification to The Customer including but not limited to via email or facsimile.
- The Customer will ensure that, End User and The Customer, will not engage in or promote or facilitate, unacceptable use of the Services, which includes but is not limited to :
- not using the Services to disseminate or transmit, unreasonably large volumes of email (more than LOCUS-T standard SMTP relay limit without LOCUS-T consent made in its sole discretion), unsolicited messages, chain letters or spam (commercial email or advertising or informational announcements); The Customer’s hosting websites or services on the Customer’s server computer supporting spammers or resulting in any of LOCUS-T IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected
- not using the Services to disseminate or transmit or store or otherwise make available, any material which, is associated with gambling or is to a reasonable person may be deemed as, abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- The Customer agrees to use only properly licensed third party software in connection with the use of the services.
- not using the Services to disseminate or transmit or store or otherwise make available, files, graphics, software, material, data or work, that actually or potentially, infringe intellectual property right of any person including but not limited to copyright, trademark, patent or trade secret;
- not using the Services to create a false identity or to otherwise attempt to mislead any person, as to the identity, source or origin of any communication, including but not limited to falsifying TCP-IP headers or e-mail headers or to the, origin or route, of any transmission;
- not using the Services to export, re-export or permit downloading of, any message or content, in violation of any law, regulation or restriction, of Malaysia or as prescribed by the Government of Malaysia, its agencies or authorities, or without all required approvals, licenses or exemptions;
- not using the Services to interfere, disrupt, attempt to gain unauthorized access to, make connections to, probe, monitor (data or traffic), crawl, test the security vulnerability to or breach any security measures to, any or part of a, computer system or communication system, server or network or software or device or hosts or users, belonging to or operated by, LOCUS-T or another party, for which The Customer do not have authorization to access;
- not using the Services to, disseminate or transmit or store or otherwise make available, virus, trojan horse, worms, malicious, harmful or disabling, time bombs, bots, data, work, code or program, which, interferes with or intercepts, any program or data or system or network;
- not using the Services or The Customer’s SMTP server, as an open proxy or open recursive domain name or “Open Relay” (such that it allows anyone on the Internet, other than The Customer, to send e-mails through the server) or similar purposes.
- not using the Services to, interfere with or disrupt, the Services or its associated connected hardware (including but not limited to servers or networks), or disobey any, requirements, procedures, policies or regulations, of networks connected to the Service;
- not using the Services to in violation of any, law, regulation or restriction, of Malaysia or as prescribed by the Government of Malaysia, its agencies or authorities, or LOCUS-T policies (as, amended or reasonably introduced, from time to time) or without all required approvals, licenses or exemptions;
- not using the Services to carry out activities that is harmful to LOCUS-T’s , operation or reputation;
- not using the Services to, collect or store, personal data about other users in connection with, invasion of privacy or the prohibited, conduct and activities, set forth in the paragraphs above;
- not using the Services to carry out, fraudulent or deceptive, activities including but not limited to phishing or pharming; or
- not using the Services to collecting messages from others which violate the unacceptable use under this, Terms of Services or of the service provider from which the message was transmitted.
- The Customer agree that LOCUS-T is entitled to modify the aforementioned list of unacceptable use of the Services (as may be, posted on LOCUS-T’s site or notified to The Customer) and that The Customer shall comply with the requirements under this Clause for such modified list.
- In the event that The Customer become aware of any unacceptable use of the Service, The Customer shall notify LOCUS-T of such use and The Customer shall extend all assistance as may be reasonably required by LOCUS-T to remedy the situation.
- The Customer will not, provide aid to or do, and The Customer shall ensure that End User will not, provide aid to or do, any:
- reverse engineering or disassemble, of any software provided under Services; or
- modification of, server or network or software or device or hosts or users, associated with Services (save for as expressly permitted by, law or Terms of Services with the party in whom, title or the intellectual property rights, of such item vests).
- The Customer will not;
- access or use, Services by unauthorized, means or methods to avoid incurring costs or to increase the Customer’s quota; or
- resell, delegate, sub-license or transfer, any rights granted to the Customer under this Terms of Services.
- The Customer agree that LOCUS-T may, but is not obliged to, investigate any violation of, The Customer’s or End Users’, unacceptable use or misuse, of the Services under this Terms of Services. In the event LOCUS-T suspects that such violation infringes any, law or regulation, or in the event a, competent regulator or authority having jurisdiction, requests for particulars in connection with, The Customer or End User or Content, then, The Customer agree and in the Customer’s Terms of Services with End User The Customer shall ensure that End User agrees, that LOCUS-T may without informing, The Customer or End User, disclose any such associated information including but not limited to any of, The Customer’s or End User’s, confidential information to the appropriate authority(s) (for onward investigation and prosecution).
on LOCUS-T’s system any Content, trade name, link, advertising or services, that actually or potentially, violate any law or regulation or infringe any rights of any person including but not limited to proprietary rights or intellectual property rights.
- Customer agrees to be responsible for and shall bear the full risk of;
maintaining the confidentiality of, The Customer’s password and The Customer’s hosting account information;
any access to, Content or The Customer’s account, regardless that such access by whomsoever was unauthorized by, The Customer or End User;
all, acts, omissions, use or charges incurred, under The Customer’s hosting account or in connection with the Content displayed, linked, transmitted through or stored, on the server space occupied by The Customer on LOCUS-T’s servers;
any, claims or loss or damage or expenses, arising from, Content or under The Customer’s account; and
Handling any notices sent by any party in relation to, Content or activity under The Customer’s account.
The Customer shall be solely responsible for undertaking measures to:
ensure the confidentiality of, The Customer’s password and The Customer’s hosting account information;
ensure that, The Customer’s password and The Customer’s hosting account information, is not sold, delegated, sublicensed or transferred, to any other party;
properly configure Content for its use with Services;
Prevent any, loss or damage, to Content;
Maintain independent archival and backup copies, of Content;
Ensure the security, confidentiality and integrity, of Content;
- LOCUS-T shall have no liability to, The Customer or any other person, for loss, damage, destruction or loss of confidentiality, of Content, unless such loss, damage, destruction or loss of confidentiality was as a result of LOCUS-T’s , its servant’s or agent’s, act, omission or negligence. In the event that damage(s) is a result of LOCUS-T’s negligence this will be limited to the extent stated in Clause 3A of this Terms of Services.
- The Customer shall notify LOCUS-T immediately of, any suspicious activity under the Customer’s account or The Customer suspicion that, The Customer’s password and The Customer’s hosting account information, has been compromised (lost, stolen or breached).
- The Customer agree to, indemnify and keep indemnified, hold harmless and defend, LOCUS-T and its, directors, officers, employees and agents, from and against, any, claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), costs or expenses incurred (including but not limited to reasonable legal fees or costs incurred, in responding and for the time spent in responding), arising out of or relating to, any of, The Customer’s or End User’s, violation of the provisions in this Terms of Services, infringement or alleged infringement or misappropriation, of any third party rights including but not limited to, any intellectual property rights in relation to, confidential information, trademark, service mark, trade name, copyright or patent, or claims made in relation to, trademark dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, injuries or death, to persons or damage to, business or property, or disputes between The Customer and any End User, and The Customer agree to, release and discharge, those indemnified from any such, claims, actions, demands or proceedings. The Customer may settle any such, claims, actions, demands or proceedings, provided the Customer protect LOCUS-T’s interests and the Customer obtain LOCUS-T’s consent before entering any settlement.
- LOCUS-T or the licensors of any of the Services, will not be liable to, The Customer or End User, for any, compensation, reimbursement, damages, losses or expenses, arising from, The Customer’s or End User’s, (1) inability to use the Services (including but not limited to by (i) termination or suspension, of this Terms of Services, (ii) by discontinuation, change or deprecation, of the Services, in part or whole, (iii) Downtime, (iv) Service Unavailability, (2) procurement of alternative services to replace Services during the period of inability to use Services and (3) investments made in order to use Services.
- Without limiting the generality of the foregoing, in no event will LOCUS-T’s liability for any, claims, damages, losses, causes of actions (whether legal or administrative) or expenses (including but not limited to reasonable legal fees), suffered by The Customer whether in, contract or tort (including but not limited to negligence or otherwise), exceed the lesser of MYR1,000.00 or the amount paid by The Customer for the Services during the contract period pro-rated from the date the, damage or loss, arose up to the expiry of the contract period or date the, damage or loss, ceased whichever is earlier.
- In the event that LOCUS-T causes, loss, damage or destruction of, Content on LOCUS-T’s systems or servers, then The Customer agree that The Customer will not seek compensation for such loss save for requiring LOCUS-T to reasonably endeavour in good faith to restore such lost Content.
- No Party will be liable to the other Party, for delay in performing their obligations or for any failure to perform their obligations, as a result of Events of Force Majeure. If performance of the Terms of Services is substantially prevented by any Event of Force Majeure for a continuous period of thirty (30) days, then, either Party may terminate this Terms of Services forthwith by written notice to the other Party or neither Party shall be entitled to any compensation arising thereof for, loss or damages or expenses.
- The Services are provided “as is”. LOCUS-T provides no representations or warranties of any kind. To the extent permitted by law, LOCUS-T disclaims all warranties including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment and non-infringement, or any implied warranties arising from, course of dealing or usage of trade. Without limiting the generality of the foregoing, LOCUS-T specifically does not warrant for the security of Content (against, loss or damage or unauthorized access) or that the services will meet the requirements of, Customer or End User, or that Service will be, accurate, uninterrupted, free of error or free of harmful components.
- LOCUS-T shall be entitled to without notice suspend, The Customer’s or End User’s, access to Services, in part or whole, at The Customer’s cost and, The Customer’s and End User’s, risk, without compensating, The Customer or End User, for any, loss or damages or expenses, which, Customer or End User, may incur arising from the suspension, in the event;
- The Customer or End User’s, use of Services, (1) is a security risk to any party, (2) adversely affects, Services or system (server or network or software or device or hosts or users), belonging to or operated by, LOCUS-T or another party, (3) subjects, LOCUS-T or any third party, to liability and (4) is fraudulent; or
- Customer fails to settle LOCUS-T’s invoice within three (3) days from its due date.
- Legal Costs
Each Party shall bear its own legal costs and expenses in the preparation and execution of this Terms of Services and in performing its obligations under this Terms of Services.
- The Customer shall not assign The Customer’s rights under this Terms of Services, in whole or in part, without the written consent of LOCUS-T.
- Notwithstanding any permitted Customer assignment, the Customer is responsible for its assignee’s obligations under this Terms of Services and to its acts or omissions.
- LOCUS-T may by notice assign its right under this Terms of Services.
- A Party may grant a waiver of its rights PROVIDED the waiver is in writing.
- No waiver under Clause (a) for a breach of this Terms of Services shall operate as a waiver of a subsequent breach of Terms of Services or a continuing breach of Terms of Services unless expressly written.
- Subject to Clauses (a) and (b), no:
- granting of time to a Party; or
- relaxation, forbearance, delay or indulgence by the other Party,
in enforcing a provision of this Terms of Services shall prejudice the other Party’s rights.
- Unless provided under this Terms of Services, a Party shall not be liable for any loss, cost or expenses arising from a waiver under Clauses (a) and (b).
Any provision of this Terms of Services held invalid or unenforceable under the law shall be read down but only so far as required to be valid and enforceable and if that is not possible, such provision shall be severed from this Terms of Services to the extent of the invalidity or unenforceability without affecting the other remaining provisions of this Terms of Services.
This Terms of Services does not form a partnership, joint venture or agency between the Parties. Neither Party shall bind the other Party in any other Terms of Services.
The Parties agree that this Terms of Services does not confer any third party beneficiary rights.
Obligations that continue after the expiry or termination of this Terms of Services shall continue without condition.
- This Terms of Services constitutes the entire Terms of Services between the Parties.
- All previous, written or oral, Terms of Services, communications, representations, warranties, negotiations, purchase orders or understandings between the Parties with respect to this Terms of Services:
- are superseded by this Terms of Services;
- are merged in this Terms of Services to the extent of its incorporation in this Terms of Services;
- are of no effect; and
- shall not constitute any collateral Terms of Services or warranty.
The validity, construction and performance of this Terms of Services shall be governed by the Laws of Malaysia and in an event of a dispute arising between the Parties, the Parties shall agree to attempt to settle the dispute amicably and if no settlement is reached, the Parties agree to appoint a professional mediator to mediate the dispute. In the event that the dispute.In the event that the dispute could not be settled, the Parties shall submit to the exclusive jurisdiction of the High Court of Malaya.
|Charges by LOCUS-T|
|Data Recovery Fee (data loss occurs due to the negligence of the client in securing their account or by an action of the client||MYR 200.00|
|Reactivation Fee for Shared Hosting, and other services Reactivation Fee||MYR 80.00|
|Reactivation Fee for Cloud Hosting||MYR 200.00
|Urgent Reactivation Fee for Cloud Hosting (within 1 hour)||MYR 300.00|
|Transfer of Ownership Fee||MYR 100.00|
|Transfer of Ownership deposit (failed to locate actual reseller or original owner who registered the domain)||MYR 500.00|