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
TERMS OF SERVICE
By using our services you agree to be bound by our terms and conditions
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
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
Hosting And Email
reserves the right to refuse service and /or access to its servers to
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
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
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.
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
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.
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
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.
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
7. Refund Policy
Domain registration, hosting, and transfer fees are not
to any logo will incur a fee, except in circumstances where we have made an
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.
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.
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
(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.
By performing any transactions on this web site you agree to these terms