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Terms of Use

The parties hereby agree that these terms form the service contract between you, the "Customer", i.e. the person or entity who is applying for the web services and we "Matrix Hosting, Matrix Business System Sdn Bhd or any party acting on Matrix Hosting's implicit instructions", i.e. the provider of the web services. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Website" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.

TERMS OF SERVICE

By using our services you agree to be bound by our terms and conditions below:

1. Domain Name Registration

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute and you agree to waives any and all claims which it may have against Matrix, for any loss, damage, claim or expense arising out of such dispute.

2. Web Hosting And Email

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

Hosting accounts are to be used by the primary owner only. Hosting account holders, with exceptions of  matrix reseller  partners, are not permitted resell, store or give away web-hosting services of their website to other parties.  Exceptions to this include ad banners, classified ads, and personal ads.

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.

You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

you will not post, link to or transmit:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulations.

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 Matrix.

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.

you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.  When a website is found to be monopolising the resources available Matrix 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 be offered an option whereby Matrix continues hosting the website.

We reserve the right to remove any material which we deem inappropriate from your website without notice. We do not host Warez, Adult or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to Matrix must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

These services may only be utilized for lawful purposes and shall not violate any municipal, state, federal statute, or from the laws of the country where the customer is located.

3. Affiliates

We reserve the right to remove an affiliate account if it is found that the said affiliate has conducted any of the following activities: the sending of unsolicited email (aka spam/spamming), bulk off-topic advertising / posting to newsgroups, performed an action that could or has damaged our business reputation, or the reputation of any companies / businesses connected with Matrix.

We reserve the right to increase / decrease commissions and percentages to our affiliates at any time without reason, and to remove the affiliate scheme altogether at any time.

Affiliates commission is calculated in $US (US DOLLARS) but paid by cheque in ŁUK (UK POUNDS)

Affiliates will receive their commission when they have built up a balance of $100 or more. When this amount is reached, their cheque will be posted to them within 10 working days.

If a commission cheque is returned due to incorrect postage details then any additional bank / admin charges will be deducted from the affiliates commission before it is resent to a corrected address.

4.Web Hosting Service Availability

We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this terms, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Uptime guarantees do not include downtime required to upgrade / service hardware.

5.Web Hosting Payment

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

Payment is due each month or year until closure notice is given. 

All payments must be in $US (US dollars). 

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

6. Web Hosting Termination

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.  Refunds will be given at the discretion of the Management including refunding of upfront yearly fees. 

We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.

You may cancel the Services at any time. 

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

7. Refund Policy

Domain registration, hosting, and transfer fees are not refundable. 

8. Logo's Design Services

Amendments to any logo will incur a fee, except in circumstances where we have made an error

We will deliver your logo via email within 7 working days or 3 working days if you choose our express service

No refunds will be given on logo's design services

9. Web Design Services

No work will start on the design of a website until: i) we have received full payment, ii) we have received all requested information from the customer such as: text for the web pages etc.

Once work has started on the design we will only refund a percentage for work uncompleted if a refund if requested.

10. Resellers

Resellers may cancel their account at anytime by emailing us with their account number, username and password.

The reseller will be responsible for their customers and must ensure that their customers do not break any parts of our terms and conditions.

If a resellers customer is found to be sending unsolicited email (aka spam) the reseller must warn the customer that if this is repeated their account will be terminated. If a reseller allows such actions to continue, we have the right to remove the offending customer.

If a reseller fails to renew their accounts with the appropriate payments, we reserve the right to suspend the resellers account and stop their customers from using our resources.

We will not be held liable for the actions of our resellers.

Resellers must act in a professional business manner at all times.

A reseller may sell their customers to us at a price we set.

Resellers must not create web hosting packages that contain features that we do not offer.

11. Credit / Debit Card Chargebacks

If a services have been used and the customer requests their bank to recall the payments made (sometimes called a chargeback) then legal action will be taken against the customer to recover such payments in all circumstances.

12. All actions of fraud are automatically reported to the police.

13. Any cases of underage porn on our servers will automatically be reported to the police and we will work with such bodies to ensure that legal action is taken against you. We will never tolerate such actions.

14. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Matrix harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Matrix, 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 Matrix against liabilities arising out of; 
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Matrix 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 Matrix server.

Customer fully accepts that filing of any suits must be in Malaysia and follows the laws of Malaysia.

Matrix Hosting reserves the right to revise its policies at any time without notice.

This agreement
By performing any transactions on this web site you agree to these terms and conditions.

 

About Matrix Hosting 

Matrix Hosting http://www.mbssb.com, established since 2000, provide exceptional value web hosting, domain registration, website design and programming services for small and medium size companies. 

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