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ACCEPTABLE USE POLICY

 

ACCEPTABLE USE POLICY – “AUP”

This AUP governs the use of BUBHOSTING¢s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and BUBHOSTING regarding the interpretation of this AUP, BUBHOSTING¢s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact support [@] BUBHOSTING [dot] com

Offensive Content

You may NOT publish or transmit via BUBHOSTING¢s service any content that BUBHOSTING reasonably believes:

  • constitutes any kind of pornography
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters, pyramid schemes or any kind of multi level programs that not approve by Bank Negara Malaysia.
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
  • is defamatory or violates a person¢s privacy
  • creates a risk to a person¢s safety or health, creates a risk to public safety or health
  • compromises national security, or interferes with a investigation by law enforcement
  • improperly exposes trade secrets or other confidential or proprietary information of another person
  • is intended to assist others in defeating technical copyright protections
  • clearly infringes on another person¢s trade or service mark, patent, or other property right
  • is a peer 2 peer file sharing application such as Kazaa, Edonkey, WinMX,uTorrent or any other p2p file sharing application that demands high bandwidth and cpu resources. Use of these services negatively affects everyone on the main hardware node and will not be permitted.
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to BUBHOSTING; or
  • is otherwise malicious, fraudulent, or may result in retaliation against BUBHOSTING by offended viewers
  • Use IRC except on services specifically designated for IRC access.

Content “published or transmitted” via BUBHOSTING¢s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by BUBHOSTING.com

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain BUBHOSTING¢s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to BUBHOSTING¢s reasonable satisfaction:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure.
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given.
  • You retain evidence of the recipient¢s consent in a form that may be promptly produced on request, and you honor recipient¢s and BUBHOSTING¢s requests to produce consent evidence within 72 hours of receipt of the request.
  • The body of the e-mail must describe how the e-mail address was obtained, for example, “You receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@*yourdomain.com* .
  • You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
  • You must post an abuse@*yourdomain.com* e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address. You must post an abuse@*yourdomain.com* e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.
  • You must have a Privacy Policy posted for each domain associated with the mailing.
  • You have the means to track anonymous complaints.
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
  • You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your BUBHOSTING service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your BUBHOSTING service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
BUBHOSTING may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your BUBHOSTING¢s services

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
  • you are otherwise permitted by established Malaysia copyright law to copy the work in that manner
  • BUBHOSTING will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the BUBHOSTING network, please send your written notice of copyright infringement to abuse@BUBHOSTING.com

Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site is covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BUBHOSTING to locate the material.
  • Information reasonably sufficient to permit BUBHOSTING to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner¢s agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IRC

BUBHOSTING strictly prohibits the use of any IRC client or server process running on its network unless that process is installed and running on one of our IRC allowed VPS or dedicated servers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the BUBHOSTING network.

Disclaimer

BUBHOSTING is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers¢ activities and disclaims any responsibility for any misuse of the BUBHOSTING network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior. BUBHOSTING reserves the right to terminate service of any customer without refund for such behavior including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to BUBHOSTING and its customers) without express authorization of the owner of the system or network.
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Use of an Internet account or computer without the owner¢s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the BUBHOSTING¢s network.
  • Use of BUBHOSTING¢s network in a way that unreasonably interferes with BUBHOSTING¢s other customers¢ use of the network.
  • Attack, make threats or act in an inappropriate manner towards BUBHOSTING staff.

Newsgroup, Chat Forums, Other Network

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

BUBHOSTING.com – Web Hosting Agreement (“TOS”)

This Web Hosting Agreement (this “Agreement”) is between BUBTECH SDN BHD, an internet company formed under the laws of the Malaysia (“BUBHOSTING”) and the person (individual or legal person) whose signs BUBHOSTING¢s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer¢s use of BUBHOSTING¢s Web hosting service.

1.    Summary

The following is a list of terms that you agree to when signing up. For details information please read the appropriate section.

  • All cancellations must be made at least 10 days before the next service renewal period using the form at: http://bubhosting.com/secure/submitticket.php
  • We do not allow illegal content.
  • We do not tolerate abuse to staff
  • Failure to pay your bill on time will result in suspension of your account on due date.
  • Reconnection after suspension is MYR50
  • All debts will be passed onto our appointed collection agents
  • Network & Power Uptime SLA is 99%
  • There are no refunds of any kind on dedicated server products, dynamic dedicated server products or VPS products. If your product comes together with free domain, the cost of domain name will be deducted from the total amount.

2.    Services

Subject to the terms of this Agreement, and contingent on Customer¢s satisfaction of BUBHOSTING¢s credit approval requirements, BUBHOSTING agree to provide the web hosting services described in the Order for the fees stated in the Order.

3.    Term

The initial service term of the Agreement shall begin on the date that BUBHOSTING generates an e-mail message to Customer announcing the activation of the Customer¢s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew the same length as the Initial Term (each a “Renewal Term”) unless BUBHOSTING or Customer provides the other with written notice of non-renewal at least ten (10) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

a) Fees

Fees are payable in advance on the first day of each billing cycle. Customer¢s billing cycle shall be monthly, quarterly, semi-annually, annually or bi-annually as indicated on the Order, beginning on the Service Commencement Date. BUBHOSTING may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes BUBHOSTING to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise BUBHOSTING will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 5th day following invoice date (invoice due date), but in no event earlier than the first day of each billing cycle.
Payments must be made in Malaysian Ringgit (MYR). Customer is responsible for providing BUBHOSTING with changes to billing information (such as credit card expiration, change in billing address, contact number & personal details) At its option, BUBHOSTING may accrue charges to be made to a credit/debit card until such charges exceed MYR100. BUBHOSTING may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. BUBHOSTING may suspend the service without notice if payment for the service is overdue. Reconnection after suspension is MYR50 for shared hosting and MYR200 for VPS & dedicated. Fees not disputed within sixty (30) days of due date are conclusively deemed accurate. Customer agrees to pay BUBHOSTING¢s reasonable reinstatement fee following a suspension of service for non-payment, and to pay BUBHOSTING¢s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Bandwidth is counted as the combined total of in and out and is measured from your billing date to billing date. Overage above your quota is charged at MYR20 per/GB and is payable at your billing date.

b. Fees Increases

BUBHOSTING may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

c. Taxes

At BUBHOSTING¢s request Customer shall remit to BUBHOSTING all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on BUBHOSTING), regardless of whether BUBHOSTING fails to collect the tax at the time the related services are provided.

d. Early Termination

Customer acknowledges that the amount of the fee for the service is based on Customer¢s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event BUBHOSTING terminates the Agreement for Customer¢s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for BUBHOSTING¢s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 10 days cancellation notice prior to the following renewal term must be given in writing to BUBHOSTING or the Customer will be responsible for full payment of the following term. Cancellation will only be accepted upon customer completing the BUBHOSTING Service Cancellation form at: http://www.BUBHOSTING.com/cancellation . Any cancellation on any of our services including hosting will caused you to pay full amount as per invoice. BUBHOSTING has the right to act according to Section E & F below.

e. Processing and Collection

Accounts that are unpaid and not collectable by BUBHOSTING will be given to an outside collection agency. If your account is submitted to collections, you agree to pay a “Processing and Collection” fee of MYR350.00. This fee will be assessed at the time your account is submitted to the collection agency and will be included in the total amount to be collected by the collection agency.

f. Amount Due

Any amount due should be paid to BUBHOSTING and you agree BUBHOSTING has the right to suspend,terminate or claim the ownership of domain name and hosting to be transferred to BUBHOSTING if you unable to pay any due amount on time including any of our product/services offered. You do not have right to claim your account username,password or files while there is amount due payable to BUBHOSTING.

4.    Law/AUP

Customer agrees to use the service in compliance with applicable law and BUBHOSTING¢s Acceptable Use Policy posted at http://bubhosting.com/contact/legal/ (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that BUBHOSTING may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer¢s use of the Services. Amendments to the AUP are effective on the earlier of BUBHOSTING¢s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with BUBHOSTING¢s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between BUBHOSTING and Customer regarding the interpretation of the AUP, BUBHOSTING¢s commercially reasonable interpretation of the AUP shall govern.

5.    Customer Information

Customer represents and warrants to BUBHOSTING that the information he, she or it has provided and will provide to BUBHOSTING for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to BUBHOSTING that he or she is at least 18 years of age. BUBHOSTING may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer¢s account until Customer has provided a written notice changing the Primary Customer Contact.

6.    Indemnification

Customer agrees to indemnify and hold harmless BUBHOSTING, BUBHOSTING¢s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer¢s services in violation of applicable law or the AUP by Customer or any person using Customer¢s log on information, regardless of whether such person has been authorized to use the services by Customer.

7.    Disclaimer of Warranties

BUBHOSTING DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW BUBHOSTING DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS

8.    Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF BUBHOSTING AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9.    Suspension/Termination

Customer agrees that BUBHOSTING may suspend services to Customer without notice and without liability if: (i) BUBHOSTING reasonably believes that the services are being used in violation of the AUP, (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP, (iii) BUBHOSTING reasonably believes that the suspension of service is necessary to protect its network or its other customers, (iv) as requested by a law enforcement or regulatory agency, (v) Customer is overdue on the payment of any amount due under the Agreement or Customer refuses to pay for services under the Agreement Term or (v) the customer is abusive towards BUBHOSTING or any member of its staff. Customer shall pay BUBHOSTING¢s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

a) Termination

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if BUBHOSTING fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer¢s written notice describing the failure in reasonable detail. The Agreement may be terminated by BUBHOSTING prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from BUBHOSTING describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer¢s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

b) Money Back Policy

BUBHOSTING has a 30 Day Conditional Money Back Policy. If Customer is not satisfied with his/her service within 30 days of purchasing that service, he/she may cancel and will be issued a full refund less any applicable license/control panel/software charges fees. The exceptions to this are the following:

  1. Customer account is cancelled due to a violation of our TOS/AUP.
  2. A refund is requested due to limitations of Customer¢s technical knowledge that keep him/her from properly operating a Shared Hosting, VPS, Dedicated Server or other product or service offered by BUBHOSTING and purchased by Customer.
  3. A refund is requested due to infrequent or non-use of Customer¢s service.
  4. A refund is requested due to a technical issue that has not been brought to the attention of BUBHOSTING via one of our approved support channels.
  5. Customer installs or operates software that causes instability in the Shared Hosting, VPS environment and is not supported by BUBHOSTING.
  6. Customer has previously been a customer of BUBHOSTING and requested and received a refund under this policy for prior service held with BUBHOSTING.
  7. Customer has previously held an account with BUBHOSTING and maintained an active service for more than 30 days with BUBHOSTING.
  8. Dedicated Servers. Do to hardware costs; there are NO REFUNDS on dedicated servers for any reason whatsoever.
  9. Domain name registration, renewal or transfer fee is not refundable.

10.Requests for Customer Information

Customer agrees that BUBHOSTING may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer¢s customers or end users that BUBHOSTING believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11.Back Up Policy

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. BUBHOSTING is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BUBHOSTING servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by BUBHOSTING or with appropriate fees applied.

Changes to BUBHOSTING¢s Network Upgrades and other changes in BUBHOSTING¢s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer¢s hosted content and/or applications. BUBHOSTING reserves the right to change its network in its commercially reasonable discretion, and BUBHOSTING shall not be liable for any resulting harm to Customer.

12.    a) Resource Usage

User may not:
a. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d. Run any software that interfaces with an IRC (Internet Relay Chat) network.
e. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f. Participate in any file-sharing/peer-to-peer activities
g. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h. Run cron entries with intervals of less than 15 minutes when using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

b) INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken will cause a suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

13.    Reseller: Client Responsibility

Resellers are responsible for supporting their clients. BUBHOSTING does not provide support to our Reseller¢s Clients. If a reseller¢s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients¢ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients¢. BUBHOSTING will hold any reseller responsible for any of their client¢s actions that violate the law or the terms of service.

14. Price Changes

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on BUBHOSTING.com, and the right to increase/decrease the amount of resources given to package at any time.

15. Uptime SLA Credits

BUBHOSTING offers a 99 % uptime and power service level agreement on all shared hosting products. Uptime is defined as your main IP being accessible from the internet. For every 0.1% we are below our SLA, the customer may request a 5% credit on next month¢s bill up to a maximum of 30%. Our SLA does not cover planned downtime or client mistakes.

16. Notices

Notices to BUBHOSTING under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.BUBHOSTING.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

17. Force Majeure

BUBHOSTING shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond BUBHOSTING¢s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

18. Governing Law/Disputes

The Agreement shall be governed by the laws of Malaysia, exclusive of its choice of law principles, and the laws of Malaysia, as applicable. The Agreement shall not be governed by the KPDNKK.

19. Intellectual Property

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its name, trademarks, service marks, trade secrets, inventions, copyrights, materials, data and other intellectual property. Neither party may use or allow access to any unauthorized personnel, the other party¢s name, trade mark, service marks, trade secrets, inventions, copyrights, materials, data or other intellectual property without the other party¢s prior written consent. BUBHOSTING shall make no claim of ownership of data transferred to Customer¢s server space as provided by BUBHOSTING unless the data is believed to be the owned by BUBHOSTING, its vendors, employees, other customers or agents.

20.  Miscellaneous

The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer¢s purchase order or other business forms are not binding on BUBHOSTING unless they are expressly incorporated into a formal written agreement signed by both parties. A party¢s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party¢s rights with respect to that provision or any other provision of the Agreement. A party¢s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without BUBHOSTING¢s prior written consent. BUBHOSTING¢s approval for assignment is contingent on the assignee meeting BUBHOSTING¢s credit approval criteria. BUBHOSTING may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and super cedes and replace any prior understanding or communication, written or oral.

21. Changes to the TOS

BUBHOSTING.com reserves the right to revise its policies at any time without prior notice.

Affliates Program Agreement

This Agreement contains the complete terms and conditions that apply to your participation as a member of the BUBHOSTING.com Affiliate Program.

1.    Enrollment in this Program

To begin the enrollment process, you will need to register your details at www.BUBHOSTING.com/client/register.php . You need to activate your affiliate to receive your unique affiliate url. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”).

2.    Utilizing Links on Your Site.

As an affiliate website / user of BUBHOSTING, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner, flyers, word of mouth advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and you¢re forfeiting for commission money otherwise due you hereunder. Allowable promotional links may contain BUBHOSTING trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by BUBHOSTING. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

3.    Commissions

We will pay you a commission based on the below :
Commission Rates:

20% commission on any hosting package sign up & renewal

Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by BUBHOSTING. To inquire on whether your incentive is acceptable, please e-mail support [@] BUBHOSTING [dot] com
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
If you are referring clients using manual method, which is not using links, please make sure he/she putting your name upon signing up that match your name in our system. This is to ensure you are eligible for the commission so that we can manually adjust the commission under your name.

4.    Commission Payment

Commissions deemed due and owed to you under the program will be paid to you directly by BUBHOSTING.com after any holding period and in accordance with a regular payout cycle established by BUBHOSTING.com. No commission will be paid for signups by you or anyone within your organization. BUBHOSTING reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a BUBHOSTING server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link.

5.    Responsibility for Your Site.

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party¢s copyrighted or other proprietary material. We will not be responsible if you use another party¢s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:

- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or otherwise violate the anti-spamming policies of BUBHOSTING.com or country law;
- Provide inaccurate or incomplete information to BUBHOSTING concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;

You are free to bid on PPC networks for keywords related to BUBHOSTING with the intent to direct traffic to BUBHOSTING. However, the following terms are not allowed:

• “BUBHOSTING”
• “BUBHOSTING.com”
• “www.BUBHOSTING.com”
• “BUBTECH SDN BHD”

The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the BUBHOSTING brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as BUBHOSTING or presenting themselves in a way that could be confused with BUBHOSTING.

6.    Term of the Agreements

The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions¢ payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

7.    Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 24 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

8.    Relationship of Parties

You and BUBHOSTING are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the BUBHOSTING and BUBHOSTING expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

9.    Limitation of Liability

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

10.    Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11.    Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide BUBHOSTING with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider¢s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

12.    Confidentiality

We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to BUBHOSTING, customer and vendor lists relating to BUBHOSTING and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person¢s use of the information.

13.    Indemnification

You hereby agree to indemnify, defend and hold harmless BUBHOSTING, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys¢ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

14.    Miscellaneous

Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the Malaysia, without reference to rules governing choice of laws. BUBHOSTING reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. BUBHOSTING will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple BUBHOSTING affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the BUBHOSTING.com in-house affiliate program and also open a BUBHOSTING affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

15.    Binding Arbitration

By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against BUBTECH SDN BHD or its subsidiaries in conjunction with this program. An arbitration firm selected by BUBTECH SDN BHD will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
Should you have any questions concerning this T&C, or if you desire to contact BUBHOSTING.com for any reason, please visit our Customer Support section of this website.

 

http://bubhosting.com



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