TERMS AND CONDITIONS

0101HOST (hereafter "Our Company") provides World Wide Web Page hosting & other related Internet Services. Our Company reserves the right to suspend or cancel a customer's access to any or all services provided by our company when our company decides that the account has been inappropriately used or otherwise.

Our company reserves the right to refuse service and /or access to its servers to anyone.

Our company do not allow any of the following content to be stored on its servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, gambling site and any material in violation of any Federal, State or Local regulations & Law.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of our company.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Spamming - Includes sending promotional emails with links on our server / sender's domain hosted in our server to recipients not agreeing to receive this kind of emails, no matter the e-mail is sent from our SMTP server or not. The definition of Spamming will follow the normal US & SpamCop practice.

Chat Room, Forum, 2-way Message Board & Download Sites (for web hosting only) - In order to maintain the stability of our server farms, sites with one or all of the functions above are strictly prohibited. This restriction is NOT imposed on Dedicated Server Plan.

Streaming Activities - Streaming, both with or without copyright held, is not allowed on our web hosting plan, unless otherwise specified.

BANDWIDTH USAGE

Our Company may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, our company reserves the right to impose the High Resource User Policy for the consideration of all customers, stop providing service and delete the account and all materials immediately.

FAIR USE POLICY

For all service provided without a cap notified, a fair use policy applied. A maximum of 10GB/month transfer can be tolerated on an unlimited transfer hosting plan, where this standard will be justified from time to time by our company without further notification.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilization.

our Company may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available our company reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may also be offered an option whereby our company continues hosting the website for an additional fee, but this is not a necessary service provided from our company.

UPTIME PERFORMANCE PLEDGE

The performance pledge of our services is set to 99.9% uptime, calculated on the overall services provided by 0101HOST, in 0101HOST’s sole discretion. The following situation will NOT be regarded as downtime:

1. periodic scheduled maintenance or repairs undertaken by 0101HOST from time to time;
2. downtime caused by misuse of scripts by your site or site(s) on the same server / server farm.
3. suspension of your account due to legal action taken or threatened against You or Your Services;
4. suspension of your account due to violations of the Terms and Conditions, as determined in 0101HOST’s sole discretion, including but not limited to excessive use of system resources, non-payment or other billing issues, or identification by the abse team as fraudulent or otherwise in violation of the Terms and Conditions; or
5. viral infection, script injection, site blacklisted or DDoS attack of any kind.
6. causes beyond the control of 0101HOST or that are not reasonably foreseeable by 0101HOST.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Although our company reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.

SECURITY

All applicant will be requested to submit identity card, business registration or other necessary document(s) after signup to proof their identity before the account can be activated as advised by Hong Kong Police for security reasons. Document can be submitted by fax, or in person in case you wish not to have your copy of documents retained. No refund will be provided as in the case no suitable document can be provided by the applicant for verification purpose. However, the service period will be calculated only after verification is completed.

COLLECTION OF PERSONAL DATA

All personal data collected will be used solely for verification purpose and will be kept confidential. Where possible, 0101HOST will validate data provided using generally accepted practices and guidelines.

0101HOST fully comply with the "Rights of Access and Correction" obligations of the PDPO.

Under the terms of the PDPO, individuals have the right to:

• Check whether 0101HOST holds any personal data relating to them and, if so, obtain copies of such data;
• Require 0101HOST to correct any personal data relating to them which is inaccurate for the purpose for which it is being used; and
• Ascertian 0101HOST's policies and practices in relation to personal data, which are those policies and practices set out in their entirety herein.

Please refer to http://www.0101.hk/personaldatacol.asp for the detail of our Privacy Policy

All domain registrant have to provide correct and valid contact information and the details will be published as requested by ICANN in WHOIS database. ICANN reserves the rights to suspend the domain with invalid contact information without prior notice. You can choose to enable the function of privacy protection if you do not want to show the data in WHOIS database.

DOMAIN REGISTRATION SERVICE

0101HOST will register domains on behalf of clients under clients' designated registrant name for the period as listed and agreed on e-bill / HSSSA etc. Client should notice the expiry date of individual domain as we may not be able to contact all clients for domain expiration. 0101HOST will not be liable for any direct or indirect loss incurred.

CANCELLATION AND REFUNDS

Our Company reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. Hoever, if a customer contravenes our company's terms of service a refund will not be issued in the event of a cancellation.

Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by our company & they have not voilate this Terms and Conditions. In addition some accounts incur set-up fees, these charges are also non-refundable.

DATA BACKUP

Customer should do their own backups. our company is NOT responsible for any data loss due to account cancellation and / or server mal-functions. No remedy will be provided to client in any case of data loss.

In case of data corruption / script injection, client should upload their own copy of backup to make sure the site can be resumed in a timely manner.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold our company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against our company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless our company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our company's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our company's server.

HACKING and DEFACEMENT

Due to the nature of shared hosting, 0101HOST cannot gaurantee the site can be immused from defacement and/or script injection and the upcoming consequences of blacklist of domain(s) etc. However, 0101HOST will minimize the possibility of occurence of such situation and will provide necessary guidelines if such situation happens.

COMMUNICATIONS

Our Company will make use of the e-mail address(es) registered with us for communications, unless otherwise specified. However, for password and personal information related issue, only this e-mail address will be used for verification purpose. It is the client's responsibility to notify our company if such information is changed.

DISCLAIMER

Our company will not be responsible for any damages your business may suffer. Our company makes no warranties of any kind, expressed or implied for services we provide. Our company disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by our company and its employees. Our company reserves the right to revise its policies at any time.

Our company reserves the rights to change the Terms and Conditions without prior notice.