READ THIS AGREEMENT CAREFULLY BEFORE USING ANY TECHXC NETWORK SERVICE.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER AND TECHXC NETWORK.
This document shall serve as an agreement between TechXC Network. (“we”, “us”, or “provider”) and you as an end-user (“you”, “user”, or “customer”). This document shall constitute the entire agreement between TechXC Network and you and while superseding any other prior agreements, govern your use of all TechXC Network services.Activities Subject to Immediate Deactivation. Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities lude, but are not limited to lusion of or linking to, pornography, mp3′s, obscenity, nudity, violations of privacy, hacking, irc related scripts and programs, non approved server scripts, eggdrops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular fees still apply. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified. TechXC Network reserves the right to Cancel/Deactivate any account at any time for any reason. There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension.
Public Nature of Internet
Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Website Migration or Transfer
Our web migration team will make every effort to help Customer migrate your website over to us. However please take note that this service is provided as a courtesy service that is performed on best effort basis and TechXC Network cannot be held responsible should there be any migration failure due to various reasons. TechXC Network cannot guarantee that all data transfer to be accurate and estimate the time required to complete the transfer. Some hosting companies save data in their propriety format making transfer difficult or in some cases impossible. We will of course try our best but in some cases we may not be able to assist.
Scripting and Program
It is the Customer’s responsibility to ensure that scripts/programs installed under Customer’s account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, customer’s account may be suspended until the password is replaced with a strong and secure password.
Customer may not use 25% or more of system resources for longer then 120 seconds. Any usage exceeding 25% is termed as an overload. It is the customer’s responsibility to monitor and disable/replace whatever scripts that is causing the overload. Account will be suspended until customer reply with next action plan. If the account overload again, TechXC Network reserves the right to terminate the account permanently or impose an overload penalty fees to the customer. To avoid this suspension or penalty fees, TechXC Network advises customers not to use our shared hosting accounts for the following usage, as they generally will overload. These activities are unattended server-side processes, torrent application, tracker, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs.
Shared hosting account are meant for hosting Customer’s website content. The hosting space utilized as backup/storage device is strictly not permitted.
Our shared hosting plans allow unlimited email address creation but in the interest of server stability, all shared hosting plans are allowed to consume up to 5GB for email storage only. Any accounts that exceed the email storage size may be suspended. We recommend to use an email client such as Outlook or Thunderbird (free download) to download and manage all emails on a local computer.
TechXC Network does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, We makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully. We are offering of “unlimited” services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers.
In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources. Our service is designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
TechXC Network will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, TechXC Network does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until TechXC Network can evaluate said sites resource needs. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables may negatively affect the performance of the server. TechXC Network may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Customer’s account, with or without notice.
TechXC Network reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Customers.
Accounts that hit 50,000 inode will receive an email notification to monitor the inode usage. Accounts found to be exceeding the 200,000 inode limit will automatically be removed from our backup system to avoid over-usage. If the account hit 250,000 inodes on any shared hosting account, auto suspension will be imposed.
Backup Limit & Data Loss
Any shared hosting account using more than 10 gigs of disk space will be removed from our weekly backup with the exception of database. However all data will continue to be mirrored to a secondary drive. Take note that backup service is provided as a courtesy service and cannot be held liable for any data loss. Customers’ use of this service is at their own risk. TechXC Network is not responsible for files and/or data residing on the Customer’s account. Customer is advised to maintain a backup copy of their data on their own. In case of data loss, we will provide the courtesy service of restoring the data into the account. Take note that data restored may not be up to date and we can only restore the data from the latest backup copy whether it is a daily or weekly backup.
Customer is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer’s account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the Customer upgrade to a higher level of package or pay additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.
Shared Hosting Prohibited Usage
All of TechXC Network shared hosting packages prohibits the usage of: Video / Audio Streaming, File Storage Server, Backup Server or Download Server. If Users wishes to display video / audio in their website, kindly use 3rd party services such as YouTube and embed the player in the website. If Users wishes to allow download at their website, kindly use 3rd party services such as MediaFire, Dropbox to host the file and display hyperlink in the website.
Emails Marketing / Newsletter / Spamming / Prohibited Usage
The use of TechXC Network hosting servers as the source, intermediary, or destination address involved in the transmission of unacceptable messages is prohibited. In addition, no hosted domain or hosting server may be listed in any unacceptable message. The use of TechXC Network hosting servers to send or relay such messages is also prohibited.
TechXC Network defines “unacceptable message” to be any mass message in any medium, whether solicited or unsolicited, which results in complaints from recipients of that message. Transmission of, or soliciting the transmission of, any “unacceptable message” will result in suspension of service until which time as complaints cease, or the immediate termination of all services without refund, at our discretion.
Any Users who is repeatedly flamed/mail-bombed or attracts such behavior will have his or her services terminated.
TechXC Network strictly forbids any form of email marketing, newsletter, spamming, email blasting or any other similar activities on ALL of the services provided, including shared hosting, semi-dedicated server, VPS, dedicated server or server colocation. Customers who requires such features are advised to seek for 3rd party email marketing service providers.
TechXC Network mailing list services are provided for use as regular communication tool only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list and are able to unsubscribe from that list at any time.
All services provided by TechXC Network may only be used for lawful purposes. The laws of Malaysia apply. The customer agrees to indemnify and hold harmless TechXC Network from any claims resulting from the use of our services.
Payment & Suspension
TechXC Network will not accept the reason of late payment or no payment due to email not received. If payment is not received by ten (10) calendar days after the due date, Customer’s account will be suspended, and may incur a RM100.00 reconnection fee at our’s discretion. If the account is suspended for over ten (10) calendar days, there may be a RM250.00 setup fees whereby our need to resetup an entire server for the Customer. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month.
TechXC Network will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer.
TechXC Network provides 24 hours Customer support and is committed to provide the best possible support for all Customers. For any service request not subscribed by the Customer, TechXC Network reserves the right to charge RM60/hr for any website/server troubleshooting issues. TechXC Network at its sole discretion reserves the right to deny providing services requested by the Customer with or without reasons. For any services rendered, charged or not charged, TechXC Network provides the best effort services. TechXC Network will not be held responsible for any other issues that resulted directly or indirectly due to the support given. Should there be incident whereby TechXC Network provides FREE support to the Customer, this is a courtesy service and cannot be defined as evidence that TechXC Network must commit to provide FREE support to the Customer. In this case, TechXC Network reserves the right to stop providing courtesy service to the Customer at any time.
We will process your order within 48 hours when the payment successfully. However, the activation of your domain name will take up to 72 hours. This is to allow your domain’s information to be propagated in all the DNS servers globally.
30 days Money Back & Cancellation Policy
To ensure 100% Customer satisfaction, TechXC Network provides 30 days money back guaranteed from the commencement date. Domain name, Semi Dedicated Hosting, Basic Pack and Semi Pack once registered is not refundable.
Suspension of Services
Suspension of services may be caused by abuse and violations of system or network security. These offences may result in suspension, cancellation or criminal and civil liability. Using TechXC Network’s network, services, or systems to store or send content which is illegal according to the laws of Malaysia is not permitted for any reason. Examples of system or network abuse or security violations include, without limitation, the following:
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 without express authorization of the owner of the system or network.
- Unauthorized Monitoring
Unauthorized monitoring of data or traffic on any network or system without express 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.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Offensive Material
Use of TechXC Network service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of TechXC Network service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.
- Virus, Trojan and Malware Distribution
Use of TechXC Network service to distribute Virus or any other forms of data which can cause considerable harms to any network. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
- Terrorism Activities
Use of TechXC Network services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.
- System Resources Overload
Overload of TechXC Network services until the system performance or other customers’ business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.
- Spam (UNSOLICITED EMAIL)
Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the TechXC Network network, nor to collect responses from UCE or Spam regardless of whether sent over the TechXC Network network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer’s identity in connection with use of the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers.
- Child Pornography
Child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law. Customer is held fully responsible for any misuse of account regardless of whoever committed the act.
- Russian Business Network (RBN)
The Russian Business Network (commonly abbreviated as RBN) is a multi-faceted cybercrime organization, specializing in and in some cases monopolizing personal identity theft for resale. It is the originator of MPack (software) and an alleged operator of the Storm botnet. Due to the threat of RBN, TechXC Network does not accept any customers from Eastern Europe countries such as Belarus, Bulgaria, Czech Republic, Hungary, Moldova, Poland, Romania, Russia, Slovakia and Ukraine. Should TechXC Network discovers any customers from Eastern Europe countries or login from Eastern Europe IP, we reserve the right to suspend the account pending further investigation which may lead to account termination.
- Storage Device
Using a shared hosting account as a backup/storage device is strictly not permitted. Shared hosting account are meant for hosting Customer’s website content.
- Internet Relay Chat (IRC)
IRC is well-known for being a platform for a Command and Control or “C&C” type of technology, where malware that was placed (or downloaded and ran) on a machine on local network connecting outbound, “beaconing” back to the C&C server (generally just an IRC channel with a password) so that the Master of the malware could control the other computers known as a botnet.
- Game Hosting Server
TechXC Network strictly prohibits clients from hosting game servers on shared hosting. Game servers are only allowed to be installed and hosted on Windows Hyper-V based virtual private server (VPS) or dedicated servers platforms only. Please contact sales for more information on both solutions for hosting Game Servers.
- Distributed Denial of Service (DDoS)
No TechXC Network resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, TechXC Network will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.
- TOR Hosting Server
Use of TechXC Network Network/hosting to host “TOR” hosts / Onion network is prohibited as it may cause IPs in the same network to be blacklisted.
Investigation & Cancellation of Services
TechXC Network at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, TechXC Network reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning and/or incurs an abuse fees. If TechXC Network feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. We does not issue refunds for terminating service due to any of the causes specified above. Dedicated Server or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.
TechXC Network reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice. Customer’s services will be terminated with or without notice.
TechXC Network, . MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You assume all risk and liability resulting from the use or functionality of the service, whether used solely or in combination with other goods and/or services. TechXC Network, neither assumes nor authorizes any person to assume any other liability in connection with the sale or use of the service. TechXC Network, will not be held liable in any capacity for any service failures luding any acts or omissions related to data. In the event of data loss or a service interruption, TechXC Network, will not be held responsible and will have no liability. If any part of this agreement is found to be unenforceable or invalid in your area, you agree that the arbitrator shall enforce the provisions of this agreement by replacing them with an effective similar, legal provision with the effect intended with the original provision. TechXC Network, may update this agreement at any time without notice. Binding Arbitration – You agree that any and all disputes or claims against TechXC Network, or the TechXC Network, ervice will be handled by an arbitrator or our hiring and decisions rendered by such arbitrator will be final and binding. In the arbitrator rules in our favor, you will be responsible for any and all costs related to or associated with such arbitration.
TechXC Network reserves the right to modify this agreement at any time.