e-Hosting Website Use & Access Agreement

ACCEPTANCE OF TERMS - GENERAL
1. The use of E-HOSTING Website is subject to the terms and conditions (“T&C”) provided herein. By accessing and using E-HOSTING Website you agree to be bound by this T&C and any modifications and amendments, which may be posted by E-HOSTING on E-HOSTING Website from time to time.
2. You agree that E-HOSTING may modify and amend this T&C at any time without notice. Unless explicitly stated otherwise, any new service introduced by E-HOSTING, shall be subject to this T&C. All such notices are hereby incorporated by reference into the T&C. You are responsible for regularly reviewing E-HOSTING’s T&C posted on E-HOSTING Website. By continuing to use E-HOSTING Website, you are deemed to have agreed to be bound by any modifications and amendments to this T&C.
3. You can access E-HOSTING Website home page and browse the Website without disclosing your personal data. The service and links of the E-HOSTING Website may include links to third party websites and are subject to Section 7 herein.
4. Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this terms and conditions. By submitting your information you consent to these transfers.
5. "You" shall mean any user of E-HOSTING Website.
6. “E-HOSTING” shall mean E-HOSTING and “E-HOSTING and NIKHOST TECHNOLOGY” shall mean any subsidiary and affiliate companies of E-HOSTING.
7. “E-HOSTING Service” shall mean the telecommunications and multimedia services and products provided and made available to you by E-HOSTING and NIKHOST TECHNOLOGY.
USE AND SECURITY
1. Information on E-HOSTING Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. E-HOSTING may also make improvements and/or changes to E-HOSTING Website and to the fees and rates for E-HOSTING Services, at any time without notice.
2. E-HOSTING Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access E-HOSTING Website and assume all risk associated therewith.
3. E-HOSTING Website may not be available to be accessed from all regions and countries of the world. E-HOSTING reserves the right, in its sole discretion, to limit or terminate your ability to access E-HOSTING Website from certain regions or countries, and you assume all risk associated with the accessibility of E-HOSTING Service, Website from any given region or country of the world.
4. E-HOSTING reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.
YOUR CONDUCT
1. You agree to use E-HOSTING Website only for lawful purposes and in accordance with this T&C.
2. You agree to notify E-HOSTING immediately of any unauthorised use or any other breach of security at the end of each session. E-HOSTING cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through E-HOSTING Service. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
4. You may not use E-HOSTING Website in any manner that could damage, disable, overburden, or impair the E-HOSTING Website(or the network(s) connected to E-HOSTING Service) or interfere with any other party's use and enjoyment of E-HOSTING Service. You may not attempt to gain unauthorised access to the E-HOSTING Website, computer systems or networks connected to E-HOSTING Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through E-HOSTING Website.
TERMINATION/ACCESS RESTRICTION
1. Without limiting anything herein contained, E-HOSTING reserves the right to terminate E-HOSTING Website at any time without notice and for any reason.
2. In addition to any termination rights E-HOSTING may have under this T&C, E-HOSTING may terminate your access to E-HOSTING Website without notice and in its own discretion in the occurrence of the following:
  - You materially violate this TOU or any Notice posted from time to time on the E-HOSTING Website, any applicable law, rule or regulation relating to the use of the E-HOSTING Service; or
  - Any law, regulation, or governmental action renders all or any portion of the E-HOSTING Website(or your use of the E-HOSTING Service) unlawful or impracticable; or
  - Your use of E-HOSTING Website impairs or threatens to impair the integrity or functionality of E-HOSTING network in any manner; or
  - If E-HOSTING believes that you have violated or acted inconsistently with the letter or spirit of this T&C.
3. You agree that E-HOSTING shall not be liable to you or any third-party for any termination of your access to the E-HOSTING Website or your E-HOSTING Passport Account.
DISCLAIMER & LIMITATION OF LIABILITY
1. E-HOSTING makes no warranty that E-HOSTING Website will meet your requirement or that E-HOSTING Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through E-HOSTING Website are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to E-HOSTING Website for the reconstruction of any lost data. All use of E-HOSTING Website is at your own risk and you are solely responsible for all damages resulting therefrom.
2. E-HOSTING Website is not intended for "mission critical" circumstances and is provided on an "as is," where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
3. To the maximum extent permitted by applicable law, E-HOSTING disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to E-HOSTING Website and transactions performed through the service or on the Internet generally. E-HOSTING makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
4. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall E-HOSTING be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if E-HOSTING has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use E-HOSTING Website any changes to E-HOSTING Website and unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through E-HOSTING Website or arising in connection with the fraudulent or unlawful acts of any third party.
5. You specifically agree that E-HOSTING is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
6. If you are dissatisfied with E-HOSTING Website , the materials available on or through the E-HOSTING Service, Website or with the provisions of this T&C, you agree that your sole and exclusive remedy is to discontinue using E-HOSTING Website or any of E-HOSTING’s other products and services.
7. E-HOSTING will take reasonable measures to maintain the privacy and security of all private information provided by you to E-HOSTING Website, but third parties (such as hackers) may breach or attempt to breach E-HOSTING's security measures or may gain unauthorised access to E-HOSTING database or other equipment containing your information. You agree that E-HOSTING shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of E-HOSTING Website or any other company equipment or user information.
INDEMNITY
You agree to indemnify, defend and hold E-HOSTING, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to E-HOSTING Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this T&C or asserted by any third party due to or arising out of your use of or conduct on E-HOSTING Website.
LINKS TO THIRD PARTY SITES
1. E-HOSTING Website may contain links to third party Web sites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for E-HOSTING to provide E-HOSTING Service. Such links and advertisements are provided to you only as a convenience. E-HOSTING shall not be responsible if the Linked Website is not working appropriately. E-HOSTING has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
2. Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that E-HOSTING shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. E-HOSTING has no responsibility or liability for any merchant or your relationship with such merchant.
DISCLOSURE AND CONFIDENTIALITY
1. E-HOSTING reserves the right to disclose any personal information about you or your use of the E-HOSTING Service and without your prior permission if E-HOSTING in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of E-HOSTING or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
2. Any non-personal information or material sent to E-HOSTING by you will generally NOT be treated as confidential.
PROPRIETORY RIGHTS

COPYRIGHT
1. E-HOSTING Website, all images, text, graphics, logos, sound, programs and any other material (“Content”) found on E-HOSTING Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of E-HOSTING Website and Content found on E-HOSTING Website is strictly prohibited, without E-HOSTING’s express and prior written consent. Any reproduction or redistribution of E-HOSTING Service, and Content found on E-HOSTING Website, not in accordance with the T&C herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
2. Elements of E-HOSTING Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
3. No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by E-HOSTING.
  
  GRANT OF LICENSE AND RESTRICTIONS
4. You acknowledge and agree that E-HOSTING Website and any necessary software used in connection with E-HOSTING Website ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. E-HOSTING reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
5. The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, use in connection with E-HOSTING Service. The Software is made available solely for use by you in accordance with the terms of this T&C and the terms of any end user license agreement (“License Agreement”) which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this T&C and any License Agreement.
6. You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
7. Any reproduction or redistribution of the Software not in accordance with this T&C and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
8. Without limiting the provisions of Section 5 above, the Software is provided "as is," and E-HOSTING hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
  
  TRADEMARKS AND THIRD PARTY MATERIALS
9. E-HOSTING reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this T&C grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with E-HOSTING. E-HOSTING and the E-HOSTING and NIKHOST TECHNOLOGY do not control or endorse the content of third party websites.
GENERAL
1. This T&C are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and E-HOSTING regarding this T&C will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that E-HOSTING Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by E-HOSTING in and from Malaysia.
2. This T&C contain the entire understanding between the parties hereto with respect to E-HOSTING Website, and supersedes all previous oral or written agreements or understandings between you and E-HOSTING, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this T&C) shall create any obligation or warranty on the part of E-HOSTING not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by E-HOSTING and NIKHOST TECHNOLOGY, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this T&C.
3. E-HOSTING's performance of this T&C is subject to existing laws and legal process, and nothing contained in this T&C is in derogation of E-HOSTING's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of E-HOSTING Website or information provided to or gathered by E-HOSTING with respect to such use.
4. If any provision of this T&C is held invalid, the remainder of this T&C will continue in full force and effect, and If any provision(s) of the T&C is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This T&C shall not be construed against any party as the principal draftsperson hereof. A printed version of this T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
5. E-HOSTING's failure to insist upon or enforce strict performance of any provision of this T&C shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by E-HOSTING in writing.
6. Notices to you shall not be modified, except by an express modification by E-HOSTING as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on E-HOSTING Service.
7. E-HOSTING reserves the right to amend any of the provisions of this T&C from time to time. Amendments will be effective immediately upon notification on E-HOSTING website. Your continued use of E-HOSTING Website and participation of, E-HOSTING Service will represent an agreement by you to be bound by this T&C as amended.
8. You may not assert any claim against E-HOSTING in connection with E-HOSTING Website unless you have given E-HOSTING written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to E-HOSTING Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
9. E-HOSTING may assign its rights and duties under this T&C to any party at any time without notice to you and this T&C shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.

Should you have any questions concerning this T&C, or if you desire to contact E-HOSTING for any reason, please visit our Customer Support section of this website.