Terms
of Service (TOS)
Acceptable Use Policy (AUP)
Privacy Statement
Terms
of Service
Use
of Keynet(Websitehk.com) Service constitutes acceptance
and agreement to Keynet's TOS(Terms of Service)
as well as Keynet's AUP (Acceptable Use Policy).
1)
Definition
Keynet refers to Keynet Technology Company
Limited in this Terms of Service (TOS) and Acceptable
Use Policy (AUP).
2)
Disclosure
This TOS specifically prohibits the use
of our service for illegal activities. Therefore,
Subscriber agrees that Keynet may disclose any and
all subscriber information including assigned IP
numbers, account history, account use, etc. to any
law enforcement agent who makes a written request
without further consent or notification to the Subscriber.
In addition Keynet shall have the right to terminate
all service set forth in this Agreement.
3)
Service Rates
Subscriber acknowledges that the nature
of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber
is aware that Keynet may prospectively change the
specified rates and charges from time to time. The
promotional offer is contingent upon Keynet achieving
and maintaining its cost of service goals including
but not limited to rates charged to Keynet by its
suppliers.
4)
Billing Policy
a) Refund and Dispute
All payments to Keynet are NONREFUNDABLE. This includes any setup fee and prepaid
charges regardless of usage. If you dispute a charge to your credit card issuer
that, in Keynet's sole discretion is a valid charge under the provisions of
the TOS and AUP, you agree to pay Keynet an "Administrative Fee" of
HKD$100.
b)
Fail to pay
Keynet may deactivate the service to subscriber upon the failure of Subscriber
to pay charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus reasonable interest
and any collection fees. Keynet will not responsible for any loss of the subscribers.
Also, We cannot guarantee that the customer account could be activated or that
the data could be fully intact for over due accounts.
5)
Lawful Use
The usage of Keynet networking facilities
and web hosting services for any unlawful purposes,
including but not limited to distribution, transmission,
publication or agitation of pornography materials,
copyrighted materials, hacking & cracking activities,
sending spam mail(unsolicited bulk emailing) or any
other legally unacceptable activities are STRICTLY
PROHIBITED. In no event will Keynet be liable for
any damages or losses caused by the subscriber's
failure. Subscribers are fully responsible to any
losses or damage claimed from Keynet or any other
person. Keynet reserves all rights to terminate the
subscriber account and usage without prior notice
and refund.
6)
Acceptable Use
Keynet STRICTLY PROHIBITTED the following
use of our services:
a) Running Chat Room Programs or CGI games such as EBS and FFAdventure;
b) Setup any services for any 3rd party to apply, such as guestbook;
c) Game Server;
The above use of service 6a-6c do not apply to our dedicated server customer;
d) Setup any program or software which greatly affects the server's normal
operation;
e) Download server or Multimedia Server;
f) Setup any IRC, IRC bots, Proxy or Bit Torrent;
g) Send SPAM or advertising email and other spam purpose;
h) Hacking, Virus or Other Destructive Activities;
i) Pornography or Adult Content;
j) Any Gambling Content
Once
seriously violate the above rule, Keynet will terminate
the account immediately without prior notice.
7)
Domain Transfer
Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount
of time required for a specific transfer. Customer
are required to submit their Domain Transfer order
to us 1 months before the domain expire date. Keynet
could not guarantee that the Domain Transfer will
be successful. If the customer cancels the service
during the transfer period for any reason, the charges
will not be refunded.
8) Customer Responsiblity
a)
Customers are required to use the Keynet's service
responsibly. This includes respecting the other
customers of Keynet. Keynet reserves the right
to suspend and/or cancel service with any customer
who uses the Keynet's service in such a way that
adversely affects other Keynet customers. Keynet
anticipates that customers who offer Internet services
will cooperate with Keynet in any corrective or
preventive action that Keynet deems necessary.
Failure to cooperate with such corrective or preventive
measures is a violation of Keynet 's policy and
Keynet reserves the right to take any such action.
b) Subscribers should provide accurate and updated personal or company information
during application. Subscribers are responsible to inform Keynet any changes
of contact details such as email, telephone and fax number. Keynet reserves
the rights of account suspension and termination to the subscribers without
prior notices when Keynet cannot contact the subscribers.
c)
Subscribers have responsible to keep all their
accounts and password information secret and normal
including:
i) To inform Keynet immediately for any abnormal or unauthorized login;
ii) To keep track of the account movement or usage;
iii) To perform a complete logout for a login.
d)
Responsibility for Content : You as a Keynet's
Hosting Customer, are solely responsible for the
content stored on and served by your Keynet Hosting
account.
9)
Zero Tolerance Spam Policy
Keynet takes a zero tolerance stance against
sending of unsolicited e-mail, commonly known as
spam. Any user who sends out spam will have their
account terminated without notice. Keynet reserves
the right to require changes or disable as necessary
any website, account, database, or other component
that does not comply with this policy, at its sole
discretion. Keynet also reserves the right to make
any such modifications in an emergency at our sole
discretion.
10)
Accuracy Information
Keynet has the right to stop providing all
services to subscriber immediately without notification
if the subscriber provide misleading, false or incomplete
information or disobeyed this Terms of Service, In
such cases, Keynet will not responsible for any loss
of the subscriber.
11)
Server Abuse
Keynet reserves the rights to refuse, suspend
or terminate service to subscribers whose service
usage may jeopardize server performance and resources
such as execute a huge amount of programs, sending
a huge amount of emails, abuse of bandwidth and server
resources which may affect the regular service to
other subscribers. Keynet will suggest that subscribers
to transfer to a dedicated server package at our
sole discretion.
12)
Notification of Violation:
a) Keynet is under no duty to look at each
customer's or user's activities to determine if a
violation of the TOS has occurred, nor do we assume
any responsibility through our TOS to monitor or
police Internet-related activities.
b)
Violation: Users that Keynet determines to have
committed a violation of any element of this TOS
shall be subject to immediate suspension or termination
of service without further notice.
13)
Suspension of Accounts
Keynet reserves the right to suspend network
access to any customer if in the judgement of the
Keynet administrators the customer's web hosting
account or server is the source or target of the
violation of any of the terms of service, the TOS,
or for any other reason Keynet chooses. If inappropriate
activity is detected, all accounts of the customer
in question will be deactivated until an investigation
is complete. Prior notification to the customer is
not assured. In extreme cases, law enforcement officials
may be contacted regarding these activities. The
customer will not be credited for the time the customer's
service is suspended.
14)
Refusal of Service
Keynet
reserves the right to refuse, cancel, or suspend
service at our sole discretion.
15)
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE
KEYNET SERVICE PROVIDED IS PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
KEYNET EXPRESSLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY THAT THE KEYNET SERVICE WILL BE ERROR-FREE,
TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY KEYNET, ITS EMPLOYEES,
LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR
MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL KEYNET,
OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE THE
KEYNET SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE
ON ANY INFORMATION OBTAINED ON THE KEYNET SERVICE;
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE
TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION,
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO KEYNET RECORDS, PROGRAMS OR SERVICES. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER
OR NOT KEYNET IS GIVEN NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY
TO ALL SERVICES AVAILABLE FROM KEYNET AND ITS AFFILIATES.
UNDER
NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT,
SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS
OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT,
BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR
OTHERWISE.
THE
TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT FOR WHATEVER REASON.
16)
Force Majeure
If
by reason of failures of telecommunications or
internet service providers, labor disputes, riots,
inability to obtain labor or materials, earthquake,
fire or other action of the elements, accidents,
governmental restrictions or other causes beyond
the control of Keynet, Keynet is unable to perform
in whole or in part its obligations as set forth
in this Agreement, then Keynet shall be relieved
of those obligations to the extent it is so unable
to perform and such inability to perform shall
not make Keynet liable to the User.
17)
Survivability
The
terms of this Agreement apply to those obligations
that survive any cancellation, termination, or
rescission, namely - warranty, indemnification,
liability and limits thereon, rights and obligations
upon and following termination and assignment.
18)
Indemnification
Keynet
customers agree to protect, defend, hold harmless,
and indemnify Keynet, any third party entity related
to Keynet (including, without limitation, third
party vendors), and Keynet's executives, directors,
officers, attorneys, managers, employees, consultants,
contractors, agents, parent companies, subsidiaries,
and co-subsidiaries with the same parent company
as Keynet, from and against any and all liabilities,
losses, costs, judgments, damages, claims, or causes
of actions, including, without limitation, any
and all legal fees and expenses, arising out of
or resulting in any from the customer's use of
Keynet's services.
19) Modification
This TOS are not exhaustive and Keynet
reserves the right to add, delete, or modify
any provision of its TOS at any time without
notice, effective upon either the posting of
the modified TOS to www.websitehk.com or
notification of the modified TOS. Any complaints
about a
customer's violation of the TOS should be sent
to info@websitehk.com. The TOS supersedes any
other agreement with Keynet, whether written, oral,
by conduct, or otherwise.
20)
Others
Keynet reserves the rights to amend any
particular package, program, facility or network
configuration and topology which provide and may
provide through the services without prior notices
to subscribers.
Supplmentary
Terms of Service for Dedicated Server Service
The following Supplmentary Terms of Conditions apply only to Keynet's Dedicated
Server customers, and supplement the Terms of Service above that apply to all
Keynet customers:
Customer
Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers
under customer control. If a customer's server is involved in an attack on
another server or system, it will be shut down and an immediate investigation
will be launched to determine the cause/source of the attack. In such event,
the customer is responsible for the cost to rectify any damage done to the
customer's server and any other requirement affected by the security breach.
Bandwidth
Usage Abuse
Using Keynet's dedicated server to publish MP3, multimedia files and softwares
which leads to a substantial usage of bandwidth is STRICTLY PROHIBITED.Keynet
pro-actively monitors backbone utilization in order to ensure that bandwidth
resources are equally shared. Keynet has no objections against burstable usage
of the 100Mbit port however customers that have sustained usage of 15Mbit or
more may be asked to upgrade to a dedicated service plan or may have their
port capped to 10Mbit.
Billing Policy
The service period set forth in this agreement is at least 6 months and requires
not less than 4 months prepayment. Customers are required to pay charges for
the service period regardless of usage.
Contradiction
Keynet Dedicated server's subscriber SHOULD NOT provide web hosting service
or any web hosting related service which has conflicts or contradictions with
Keynet's service unless Keynet's authorization.
Control Panel
Any control panel provided to Keynet dedicated server's customer will cease
at the same time as service termination. Subscribers have no rights to resell
or transfer any control panel provided by Keynet as such control panel is fully
owned by Keynet.
Acceptable
Use Policy (AUP)
Use of Keynet Service
constitutes acceptance and agreement to Keynet's
AUP as well as Keynet's TOS (Terms of Service) Keynet
reserves the right to revise, amend, or modify this
AUP, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice
of any revision, amendment, or modification will
be posted in accordance with our TOS (Terms of Service).
All users of Keynet's Internet services, and their
clients, must comply with this AUP and our TOS (Terms
of Service).
We do not actively
monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over
the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible
over or through the services, except for certain
proprietary Web sites. However, in accordance with
our TOS (Terms of Service), we may remove any materials
that, in our sole discretion, may be illegal, may
subject us to liability, or which may violate this
AUP. Keynet may cooperate with legal authorities
and/or third parties in the investigation of any
suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension
or immediate termination of either your Keynet account
or other actions as detailed below without notice,
based upon the nature of the violation.
This document is
exhaustive and only intended to provide a basic understand
of Keynet's Acceptable Use Policy. The following
are guidelines for the establishment and enforcement
of Keynet's AUP. If a Keynet account violates this
Acceptable Use Policy or our TOS, we reserve the
right to terminate your service without notice. We
prefer to advise customers of inappropriate behavior
and any necessary corrective action, however based
on the nature of the violation, could result in immediate
termination of service.
The following constitute
violations of this AUP:
Illegal Activities: Keynet's
services may not be used for illegal purposes, or
in support of illegal activities. Keynet reserves
the right to cooperate with legal authorities and/or
injured third parties in the investigation of any
suspected crime or civil wrongdoing.
Harm or Endangerment
to other people: You may not use Keynet's service
to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography,
or use Keynet's service to transmit any material
(by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction
of property.
Forgery or impersonation: Adding,
removing or modifying identifying network header
information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person
by using forged headers or other identifying information
is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited E-mail,
News Bombing (SPAM): Use of the Keynet service
to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly PROHIBITED. Spam complaints
will be sent to the e-mail address on file. Violations
of this type will result in the immediate suspension
of the offending website on the Keynet server.
Should the account become re-activated without
the express written consent of Keynet's Abuse Department,
the offending website or shared hosting account
will be immediately terminated, and may result
in suspension / termination of the server should
the site and/or client re-appear on the server.
Anyone hosting websites or services on their server
that support spammers or cause any of our IP space
to be listed in any of the various Spam Databases
will have their server immediately removed from
our network. The server will not be reconnected
until such time that you agree to remove any and
all traces of the offending material immediately
upon reconnection and agree to allow us access
to the server to confirm that all material has
been completely removed. Severe violations may
result in immediate and permanent removal of the
server from our network without notice to the customer.
Any server guilty of a second violation will be
immediately and permanently removed from our network
without notice. Malicious intent to impede another
person's use of electronic mail services or news
will result in the immediate termination of the
offending Keynet account.
Copyright or trademark
infringement: Use of the Keynet service to
transmit any material (by e-mail, uploading, posting
or otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights
of any third party, including, but not limited
to, the unauthorized copying of copyrighted material,
the digitization and distribution of photographs
from magazines, books, or other copyrighted sources,
and the unauthorized transmittal of copyrighted
software. Use of the Keynet service to collect,
or attempt to collect, personal information about
third parties without their knowledge or consent.
Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Network disruptions
: Use of the Keynet service for any activity
which affects the ability of other people or systems
to use Keynet Services or the Internet. This includes "denial
of service" (DOS) attacks against another
network host or individual user. Interference with
or disruption of other network users, services
or equipment is prohibited. Keynet will not tolerate
any subscriber attempting to access the accounts
of others, or penetrate security measures of other
systems, whether or not the intrusion results in
corruption or loss of data. Keynet, does not allow
the hosting of IRC, IRC Bots, or eggdrops on our
network. Servers found hosting this material will
be subject to immediate cancellation without refund.
Use of the Keynet service to access, or to attempt
to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of Keynet's
or another entity's computer software or hardware,
electronic communications system, or telecommunications
system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited
and the offending Keynet account is subject to
immediate termination.
Security: You
are responsible for any misuse of your account, even
if the inappropriate activity was committed by a
friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not
gain unauthorized access to your account. In addition,
you may not use your account to breach security of
another account or attempt to gain unauthorized access
to another network or server.
Network Security: Keynet
accounts operate on shared network resources. Excessive
use or abuse of these resources by one customer may
have a negative impact on all other customers. Misuse
of network resources in a manner which impairs network
performance is prohibited by this policy and may
result in termination of your account.
Reporting
Violations of Keynet AUP
Keynet requests that
anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department
at info@websitehk.com if possible, please provide
the IP address and domain name used to commit the
violation,
date and time of the violation, and evidence of the
violation.
Privacy
Statement
Privacy for our customers
is extremely important to Keynet. We strongly believe
in individual's rights to privacy and that personal
information is not a commodity and should not be
treated as one. At all times we will never share
your personal information with any third parties
without your permission.
Your email addresses
are not for sale or trade and are strictly guarded.
Our Acceptable Usage Policy prohibits our customers
from sending unsolicited bulk commercial email (aka "spam")
using our services. If it is brought to our attention
that one of our customers is violating this policy,
we take steps to stop them and ensure it doesn't
happen again. We also do everything within our power
to keep non-customers from using our email servers
for spam.
All client
information such as email, phone numbers, addresses,
etc is used only for internal purposes. Your contact
information is used to get in touch with you when
necessary and for announcements and our monthly
newsletter. Financial information that is collected
is used to bill you for products and services.
(TOS,
AUP and Privacy Statement) Last Modified date:
6/11/2004
