Venture Domain Hosting agrees to provide and Client agrees to receive access to the Venture Domain Hosting Internet services according to the following terms and conditions:
1. All provisions of Venture Domain Hosting's Service Agreement ("Agreement") apply to the Client's Principal Account and Associate Accounts billed to the Principal Account.
2. The benefits or rights conferred by this agreement are nontransferable. Use of Venture Domain Hosting accounts is expressly limited to the individual or business whose name appears on the account
3. Client agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Singapore, Local, State or Federal Laws, Venture Domain Hosting reserves the right to cooperate with all or any law enforcement agencies.
4. Client agrees to follow the Acceptable Use Policy of any network Client connects to, including Venture Domain Hosting's system.
5. If Client is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of Client's account(s).
6. Client is responsible for all use of Client's account(s) and confidentially of password(s). Venture Domain Hosting will suspend access or change access to Client's account(s) immediately upon notification by Client that his / her password has been lost, stolen or otherwise compromised. Venture Domain Hosting is not liable for any usage and or charges prior to Venture Domain Hosting making the necessary account alteration.
7. Use of Venture Domain Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Webspace by the Client. The following examples are offered:
• Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image-mapping, etc.
• FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability.
• CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
• Auto-responders: Knowledge of Procmail auto-responder features, forwarding mail, use of mail Clients to receive and send mail, etc.
The Client agrees that he or she has the necessary knowledge to create their Webspace.
Client agrees that it is not the responsibility of Venture Domain Hosting to provide this knowledge or Client Support outside matter specific to Venture Domain Hosting's standard application, without limiting to the use of the online control panel and/or any other application (s).
Client agrees that it is not the responsibility of Venture Domain Hosting to provide this knowledge or Client Support regarding to any use of 3rd party scripts and software installed on Venture Domain Hosting’s server.
8. Client agrees to pay Venture Domain Hosting all charges relating to the use of Client's account(s) according to rates and prices stated on said sales order at the time of commencement.
9. Client is responsible for charges at the time the service is used and Venture Domain Hosting may apply the amount due to Client's credit card at any time.
10. Venture Domain Hosting reserves the right to change prices by notice published online.
11. Venture Domain Hosting reserves the right to suspend access to service for Client's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
12. The Venture Domain Hosting service is provided on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Venture Domain Hosting or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Venture Domain Hosting or its providers. Under no circumstances, including negligence, shall Venture Domain Hosting, its offices, agents or any one else involved in creating, producing or distributing Venture Domain Hosting's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Venture Domain Hosting Server service; 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 or Nature, communication failure, theft, destruction or unauthorized access to Venture Domain Hosting's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Venture Domain Hosting's Server service.
13. Neither Venture Domain Hosting nor its Information Providers are responsible for any damages arising from Client's use of Venture Domain Hosting or by Client's inability to use Venture Domain Hosting service.
14. Venture Domain Hosting reserves to right to change without notice the Venture Domain Hosting service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
15. Venture Domain Hosting is not responsible for Client's files residing on Venture Domain Hosting. Client is responsible for independent backup of his or her data stored on Venture Domain Hosting.
16. Client is allowed to resell the storage and transfer services provided by Venture Domain Hosting Reseller Plan. Client agrees to handle and is responsible for all third-party Client's content, support, set-up and maintenance. Client agrees to have the necessary additional knowledge and skill level for the reselling services provided. The Client's Customers shall not contact Venture Domain Hosting under any circumstances. All such calls will be chargeable to the reseller account.
17. Venture Domain Hosting reserves the right to delete Client's personal files after one or both parties terminates agreement.
18. Venture Domain Hosting reserves the right in its sole discretion to delete any information entered into Venture Domain Hosting by Client. Venture Domain Hosting and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
19. Client hereby agrees that any material submitted for publication on Venture Domain Hosting through Client's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on Venture Domain Hosting.
20. The Client agrees to reasonable server CPU, memory, as well as bandwidth use to be determined by Venture Domain Hosting.
21. Venture Domain Hosting, at its sole business judgment, may terminate this membership Agreement immediately or suspend Client's access to the service upon any breach of this membership Agreement by Client, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Venture Domain Hosting that Client may be performing activities harmful to Venture Domain Hosting or its Clients, employees, vendors, business relationships or any other Clients of the Internet.
22. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Venture Domain Hosting and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited mass emailings (i.e., to more than 25 Clients) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than Venture Domain Hosting and using an account on Venture Domain Hosting as a mail drop for responses, or advertising a web site hosted at Venture Domain Hosting.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Venture Domain Hosting.
(e) Impersonating another Client or otherwise falsifying one's Client name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(f) Use of IRC "bots" on Venture Domain Hosting, whether on our IRC server or any other. Such software may not be stored on Venture Domain Hosting.
23. Clients whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Venture Domain Hosting.
24. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of Singapore.
25. Venture Domain Hosting may modify these terms and conditions upon notice published online via Venture Domain Hosting. Client's use of Venture Domain Hosting services after such notice shall constitute Client's acceptance of the modifications to this Agreement.
26. Non-enforcement of any section of this Agreement does not constitute consent and Venture Domain Hosting reserves the right to enforce this Agreement at its sole discretion.
27. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Client's and Venture Domain Hosting's agreement on all other paragraphs shall remain valid.
28. Dues must be paid on a timely basis. Dues charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your membership at the end of your contract period. 30 days cancellation notice prior to the end of your current term is required. You can cancel your account within your first 30 days and receive a full refund on your monthly fees. The setup fee is not refundable. After the first 30 days you can still cancel your account but cancellation will become effective at the end of your current contract period and no partial refunds will be given.
29. When paying by cheque, Client expressly authorizes Venture Domain Hosting to debit Client's checking account for the amount of a cheque returned unpaid by Client's bank, plus up to a S$25 returned check fee.
30. The Client is in default of this Contract if: 1. Any Client covered by this contract fails to obey any present or future Venture Domain Hosting rule or regulation; or 2. We do not receive a payment on or before its due date; or 3. Any material statement by the Client in this contract is false.
31. Failure to use this account(s) does not relieve the Client of payment obligations.
32. In the event the Client defaults on this contract, Venture Domain Hosting may suspend or revoke the Client's membership privileges without refund and the Client may have to reapply for membership at the price Venture Domain Hosting is charging to new members. The Client agrees to pay Venture Domain Hosting's attorney's fees and court costs in collecting the amount remaining in the Client's contract as stated in the sales order.
33. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Venture Domain Hosting.
34. Venture Domain Hosting may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
35. In addition to any price specified herein, Client shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by Client.
36. Venture Domain Hosting reserves the right to terminate or change priority of any process started by said Client.
37. Venture Domain Hosting reserves the right to collect damages (software, hardware & man hours) if any harm is done to Venture Domain Hosting which requires repair or reconfiguration of any kind.
38. Venture Domain Hosting may offer credits to Clients who refer additional Clients who sign up for and keep Venture Domain Hosting accounts through at least one billing cycle, provided that the new Clients signing up mention at the time of signup the Client name of the Client who referred them.
39. Credit Card payment: If Client chooses to pay for services by credit card, Client grants VENTURE DOMAIN HOSTING the right to charge payments to that card on each due date. Client further agrees not to challenge nor dispute any charge representing hosting payments.
40. This agreement, Client account, contract, and billing will automatically renew unless cancelled in writing 30 days prior to the renewal date.