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Acceptable Use Policy/Terms of Service (AUP/TOS)
This Welltodo Century Enterprise Acceptable Use Policy/Terms of
Service ("AUP/TOS") describe the proper kinds of conduct and
prohibited uses of Welltodo Century Enterprise's hosting
services (the "Services"). This AUP is not exhaustive and
Welltodo Century Enterprise reserves the right to modify this
AUP at any time, effective upon posting of the modified AUP at
www.welltodocentury.com.
By registering for and using the Services, and thereby accepting
the terms and conditions of this AUP, you agree to abide by
these conditions as modified from time to time. Any violation of
the AUP may result in the suspension or termination of your
account or such other action as Welltodo Century Enterprise
deems appropriate.
IMPORTANT NOTE
- Welltodo Century Enterprise has the right to discontinue
service, or deny access to anyone who violates our Policies or
the terms and conditions shown below WITHOUT WARNING OR PRIOR
NOTICE. No refunds or fees paid will be made if account
termination is due to violation of the terms outlined below.
Shared Server Abuse
Any attempt to undermine or cause harm to a server, or customer,
of Welltodo Century Enterprise is strictly prohibited.
Unauthorized use of other people's accounts or computers Welltodo Century Enterprise will strongly react to any use or
attempted use of an Internet account or computer without the
owner's authorization. Such attempts include "Internet scamming"
(tricking other people into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Welltodo
Century Enterprise customer, whether or not the attacked account
or computer belongs to Welltodo Century Enterprise, will result
in action against the attacker. Possible actions include
warnings, account suspension or cancellation, and civil or
criminal legal action, depending on the seriousness of the
attack.
Customers may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailings, newsgroup spamming,
pornographic content, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers,
and/or anything else determined by Welltodo Century Enterprise
to be unacceptable use of Welltodo Century Enterprise's services
including abuse of server resources.
All hosting accounts may be terminated that include the
following content or which have links to the following content:
a.
Providing material that is grossly offensive to the Web
community including blatant expressions of bigotry, racism or
hatred.
b.
Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any
group or individual.
c.
Displaying material that exploits children under 18 years of
age.
d.
Acts of copyright infringement including offering pirated
computer programs or links to such programs, information used to
circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs,
or any type of cracker utilities.
e.
Exporting encryption software over the Internet or otherwise, to
points outside the United States.
f.
Distributing information regarding the creation of and sending
Internet viruses, worms, Trojan horses, pinging, flooding,
mailbombing, or denial of service attacks. Also, activities that
disrupt the use of or interfere with the ability of others to
effectively use the network or any connected network, system,
service, or equipment.
g.
Advertising, transmitting, or otherwise making available any
software, program, product, or service that is designed to
violate this AUP, which includes the facilitation of the means
to spam, initiation of pinging, flooding, mailbombing, denial of
service attacks, and piracy of software. Any account that is
deactivated by the abuse team will be charged the following
reactivation fees:
1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination
This fee will only be waived if it is determined by the abuse
team that the account was disabled without cause.
Abuse of Unlimited Traffic
Welltodo Century Enterprise's customers are privileged to be
offered unlimited traffic for their web sites. The intention of
Welltodo Century Enterprise is to provide a large space to serve
web documents, not an off site storage area for electronic
files. All (90%) of your web pages (html) must be 'linked' with
files (.GIF, .JPEG, etc.) stored on Welltodo Century
Enterprise's server. Web sites that are found to contain
either/or no html documents, a large number of unlinked files
are subject to warning, suspension or cancellation at the
discretion of Welltodo Century Enterprise management. Any
customer who violates Welltodo Century Enterprise's Policies in
abusing either space/site transfer will be notified and given 2
days to remedy the problem. If the problem is not resolved
within the allotted period, the client will be billed for the
overages.
To maintain the integrity of our shared hosting service the
following limitations apply:
For those that do not qualify for the unlimited service, traffic
will go unmonitored until you reach 20 GB per month. Thereafter,
normal data transfer cost of $10.00/1GB/month will be billed to
your account. If you want to pre-pay for bandwidth overages, you
will be billed $5.00/1GB/month.
Welltodo Century Enterprise will be the sole arbiter as to what
constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in
e-mail, and will likely result in account cancellation.
Welltodo Century Enterprise takes a zero-tolerance approach to
spam originating from our servers or for spam advertising of
domains hosted on our servers.
The following activities are not allowed:
-
Unsolicited bulk or commercial messages ("spam"). This
includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts.
Such messages may only be sent to those who have explicitly
requested it from your domain.
-
Spamming Newsgroups: Commercial advertisements are unwelcome
in most Usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account
cancellation. See the newsgroup or mailing list's charter
for whether advertising is allowed or not. "Spamming," or
sending a message to many different off-topic newsgroups, is
particularly unethical and will be treated as such.
-
Mail may not be used to harass or intimidate others.
Harassment, whether through language, frequency of messages,
or size of messages, is prohibited. Sending a single
unwelcome message may be considered harassment. If a
recipient asks to stop receiving e-mail, you must not send
that person any further messages.
Note: If you use the services of another provider (including but
not limited to the use of address lists obtained from a third
party vendor or provider) to promote a web site hosted by or
through Welltodo Century Enterprise (spamvertising), then the
provisions of the above Policy shall apply as if the spam were
sent through our servers.
Penalty: Depending on the severity of your SPAMMING, Welltodo
Century Enterprise reserves the right to charge you between
$1.00 - $100.00 PER SPAM sent through our network. Your web site
content will also be confiscated and it will be NEVER returned
to you.
CGI Scripts
(This section does not apply to managed dedicated or colocation
servers.) Each shared Unix web hosting account comes with its
own cgi-bin, in which you are free to use any* CGI scripts you
wish. All CGI scripts (Perl scripts with a .pl or .cgi
extension) intended for use on shared Windows 2003 web hosting
accounts are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to managed dedicated or colocation
servers.) Shared server accounts are limited in use of the
amount of server resources. Shared server resource abuse
includes any process or service usage that affects normal shared
server operation, resources or connectivity, and which causes a
server to become overloaded. Shared server resources include CPU
and memory usage, number of concurrent processes, number of
concurrent port or database connections and total bandwidth.
Possible causes of server resource abuse include, but are not
limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP,
ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource
abuse is detected, possible actions include, but are not limited
to: disabling of the offending script or scripts, disabling of
the specific service, disabling of the entire account or account
cancellation. If server overload is a result of server resource
abuse, these actions will be taken without prior notice or
warning.
Child Pornography
Our policy on child pornography is zero tolerance. Welltodo
Century Enterprise will cooperate fully with any criminal
investigation into a Customer's violation of the Child
Protection Act of 1984 concerning child pornography. Customers
are ultimately responsible for the actions of their clients over
the Welltodo Century Enterprise network, and will be liable for
illegal material posted by their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video or any other type of visual
presentation that shows a person who is or is depicted as being
under the age of eighteen years and is engaged in or is depicted
as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose,
of a sexual organ or the anal region of a person under the age
of eighteen years or any written material or visual
representation that advocates or counsels sexual activity with a
person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the
U.S. Customs Agency at 1-800-BEALERT
Chat Rooms
We do not allow clients to install their own chat rooms within a
shared hosting account, without approving it with the Welltodo
Century Enterprise Support Team. Most chat rooms tend to be
large system hogs and we cannot allow it as an account option.
However, we do provide a choice of Java chat rooms for a small
extra charge that will more than fill your needs and run without
hindering the performance of the machine for others. Note:
Parachat chat rooms do not apply to this rule. They are
perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail
per day from a shared hosting account. If you do send more than
2000 pieces of e-mail per day, your account will be placed on
hold for Network Abuse. If you are sending legitimate e-mails
and they total more than 2000 per day your account will be moved
to a special server that is specifically designed to handle high
volumes of e-mail. You will be charged $50.00/month in addition
to your regular hosting charges if your account is moved to this
server. Please contact
admin@welltodocentury.com
to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra charge
will be incurred based on system resources used and operational
maintenance needed. (this section does not apply to managed
dedicated servers)
IRC
We currently do not allow IRC IRC clients or IRC bots to be
operated on any of our servers. In addition, IRC servers are not
permitted on our network. Anyone found to be in violation of
this policy risks immediate account termination.
Current Contact Information
Current customers must provide Welltodo Century Enterprise with,
and keep current and up to date, good contact information
including full address, email, phone, and fax numbers. Welltodo
Century Enterprise uses contact information to reach customers
during network emergencies, server downtime, maintenance windows
and in case there are billing issues with your account. Failure
to keep contact information up to date could lease to temporary
account suspension until the information is updated.
Abuse of Dedicated/Co-location Bandwidth Allotments
Welltodo Century Enterprise's customers are privileged to be
offered large amounts of bandwidth and monthly transfer to their
servers. The intention of Welltodo Century Enterprise is to
provide large bandwidth allotments to businesses and consumers
to serve as connections for their web sites andweb documents
("normal usage," and not for off-site storage areas for
electronic documents and files. All (90%) of your web pages
(.html) must be 'linked' with files (.GIF, .JPEG, .WMV, .RA,
etc.) stored on Welltodo Century Enterprise's server. Web sites
that are found to contain either/or no html documents, a large
number of unlinked files are subject to warning, suspension or
cancellation at the discretion of Welltodo Century Enterprise
management. Any customer who violates Welltodo Century
Enterprise's Policies in abusing bandwidth allotments and site
transfer will be notified and given 2 days to remedy the
problem. If the problem is not resolved within the allotted
period, the client will be billed for the overages.
To maintain the integrity of our dedicated and colocation server
networks the following server limitations apply if your site is
not deemed as "normal usage:"
Servers that contain:
For those server uses that are not classified under "normal
use," and fit within any of the "limitation categories" above,
the customer's server is limited to 200 GB of monthly transfer
and not to exceeed 2 Mbits/sec of sustained bandwidth, whichever
is greater based on peak usage. The customer will be billed at
$10.00/GB or $150/mbit for any overage incurred
Window 2000/2003 Based Dedicated Servers
Subscribers are prohibited from allowing more than five (5)
authenticated users of the Microsoft Windows Server Operating
Systems under Microsoft licensing terms and could create
liability issues with Microsoft Corporation if violated.
Customer agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear on
Software Products or that appear during the use of Software
Products. Customer further agrees not to reverse engineer,
decompile, or disassemble the Software Products.
Welltodo Century Enterprise may provide you access to other
third party software and/or services ("Third Party Products ")
through reseller relationships Welltodo Century Enterprise has
established with certain commercial software and licensing
vendors, including without limitation, Microsoft Corporation
("Third Party Vendors"). Unless otherwise notified, Customer
understands that product support for Third Party Products is
provided by Welltodo Century Enterprise and not by the Third
Party Vendor. Neither Welltodo Century Enterprise nor any Third
Party Vendor makes any representations or warranties, express or
implied, regarding any Third Party Products. Customer expressly
acknowledges and agrees that use of third party products is at
customer's sole risk and such third party products are provided
"as is" and without representation or warranty of any kind from
Welltodo Century Enterprise or any third party vendor, including
without limitation, any implied warranty of merchantability,
fitness for a particular purpose, accuracy or completeness of
responses or results, correspondence to description, or
non-infringement of third party rights.
To the maximum extent permitted by applicable law, neither
Welltodo Century Enterprise nor any third party vendor will be
legally responsible for any damages, whether direct, indirect,
or consequential, arising from the use or inability to use any
third party product. Customer agrees to observe the terms of any
license and/or applicable end user subscriber agreement for
third party products and that customer shall be fully liable to
third party vendors and Welltodo Century Enterprise with respect
to any improper use of such third party products or violation of
license agreements with them and/or applicable end user
subscriber agreements.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage
limits outDedicated lined by your particular web hosting
package. If you use any bandwidth or storage space in excess of
the agreed upon number of megabytes per month or if you exceed
E-Mail storage and attachment size limitations, Welltodo Century
Enterprise may, in its sole discretion, assess you with
additional charges. If Welltodo Century Enterprise elects to
take any corrective action, Welltodo Century Enterprise will not
refund any unused pre-paid fees. Your use of your account and
access to it is your responsibility. You are responsible for any
unauthorized access to your account resulting in bandwidth,
storage and/or E-mail usage exceeding the limits outlined in
your particular web hosting package specifications and resultant
charges. Bandwidth overages are currently billed at
$10/GB/month. Disk space overages are currently billed at
$.25/MB/month. Email attachments overages are currently billed
at $.10 per email over 10MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are
charged for all new accounts and major account changes and are
non-refundable. All pricing is guaranteed for the term of
pre-payment. Welltodo Century Enterprise reserves the right to
change prices at any time, unless other terms have been agreed
upon. Credit card accounts are subject to login deactivation
upon the card declining for charges within 48 hours of email
notification. Any account not brought current within a week (7
days) of e-mail notice or exceeding this time frame in any way
is subject to complete account deactivation. The customer is
responsible for all money owed on the account from the time it
was established to the time that the customer notifies Welltodo
Century Enterprise at
billing@welltodocentury.com to request for termination of
services. All payment is in U.S. currency unless otherwise
stated.
Welltodo Century Enterprise will bill each client $100.00 per
returned check, per wire transfer received and per credit card
chargeback received. All Welltodo Century Enterprise accounts
are setup on anniversary billing cycles. Your particular billing
cycle corresponds to the contract length that was initially
chosen at setup. Your account will automatically renew at
this length. There is no fee to change to a shorter billing
cycle at the end of the current cycle. However, if you wish to
change to a shorter billing cycle, during a current cycle, there
will be a $50.00 fee. Please contact the billing department at
billing@welltodocentury.com should you wish to change your
anniversary billing cycle.
Any account that is not brought current prior to deactivation
will be charged a $25.00 reactivation fee as well as a $15.00
late charge, per domain deactivated. In addition, if your credit
card declines for any reason Welltodo Century Enterprise will
charge your account an additional $1.00 service charge every
time your card is declined. Welltodo Century Enterprise may
impose a debt service charge equal to one and one-half percent
(1.5%) of the overdue balance (or such lesser amount as may be
required by law) for each month or fraction thereof the overdue
amount remains unpaid. All taxes, fees and governmental charges
relating to the Services provided hereunder (other than income
taxes of Welltodo Century Enterprise) shall be paid by Customer.
Welltodo Century Enterprise accepts paper checks and online
checks, as well as credit cards, wire transfers, money orders,
cashiers checks and cash from customers for payment of web
hosting services and fees associated with your account. However,
there will be a $5.00/month processing fee for each customer
paying by paper check and a $50/transaction fee for customers
paying by wire transfer (no additional fee for credit cards,
money orders, cashiers checks and cash). Additionally, if you
decide to switch your payment method of billing cycle you will
be charged a $10 processing fee for that change.
Cancellation
Welltodo Century Enterprise reserves the right to cancel service
at any time. All fees paid in advance of cancellation will be
pro-rated and paid by Welltodo Century Enterprise if Welltodo
Century Enterprise institutes its right of cancellation. Any
violation of policies which results in extra costs will be
billed to the customer (i.e. transfer, space etc.)
All of Welltodo Century Enterprise's web hosting plans are
backed by a 30 day money back guarantee (*see restrictions
below). If you are not completely satisfied with our services or
support within the first 30 days of your contract, you will be
given a full refund of the contract amount excluding setup fees,
domain registration fees, add-on/upgrade fees and overages.
Setup fees are refundable only if the account order is canceled
prior to account activation. For web hosting contracts,
dedicated servers and colocation packages, the full contract
amount less any setup fees and overages will be refunded if
Welltodo Century Enterprise is notified within the first 30 days
following activation. No refund is available after the 30th day.
This policy does not apply to any additional services such as
overages, referrer logs, real audio/video, additional disk
space, additional pop accounts, etc. Due to security concerns,
all account cancellations must be done by writing/email to
billing@welltodocentury.com. Cancellations via email
requests will not constitute acceptance of any cancellation.
Refunds will be made by company check or issued back to your
credit card within 30 days of receipt of cancellation. To
receive your refund, you must terminate this Agreement in the
manner described in above and cease using the Services.
Cancellations are processed only from 9 a.m. - 6 p.m. MYT on
Monday-Friday. No cancellations are processed on holidays or
weekends.
*Advanced Hosting Packages (Dedicated and Colocation packages)
All advanced hosting packages must be cancelled according to the
terms outlined in your contract. A cancellation notice must be
submitted in writing 30 days in advance. Once the written
cancellation notice has been received, you will be contacted via
email regarding any restrictions or final obligations owed on
your contract.
*E-business In A Box
E-business In A Box packages are non-refundable once the site
has been approved and launched. If the account is cancelled
within the first 30 days and production has not begun, the
account can be cancelled for a full refund excluding the setup
fee and domain registration fees.
*E-memories
E-memories packages are non-refundable once logins have been
activated by you. If the account is cancelled within the first
30 days and the logins have not been activated, you will be
given a full refund minus the setup fee.
*E-files
E-files packages are non-refundable once the logins have been
activated. If the account is cancelled within the first 30 days
and the logins have not been activated, you will be given a full
refund minus the setup fee.
*Crazy Deals
All "Crazy Deals" are non-refundable. If the account is
cancelled within the first 30 days, only Welltodo Century
Enterprise accounts credits are given for the full amount
excluding setup fees, domain registration fees, add-on/upgrade
fees and overages
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason,
Welltodo Century Enterprise is not liable to you because of the
expiration or cancellation for compensation, reimbursement or
damages on account of the loss of prospective profits,
anticipated sales, goodwill or on account of expenditures,
investments, leases or commitments in connection with your
business, or for any other reason whatsoever flowing from the
termination or expiration. If you terminate this Agreement,
Welltodo Century Enterprise will not relieve you of any
obligations to pay fees and costs accrued before the termination
date or any other amounts you owe to Welltodo Century Enterprise
under this Agreement.
IP Address Overlap
Welltodo Century Enterprise administers the network on which
customer servers reside. The customer cannot use IP addresses
which were not assigned to them by Welltodo Century Enterprise
staff. Any server found using IPs which were not officially
assigned will be suspended from network access until such time
as the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on Welltodo
Century Enterprise's equipment is in a condition that is
"server-ready," which is in a form requiring no additional
manipulation by Welltodo Century Enterprise. Welltodo Century
Enterprise will make no effort to validate any of this
information for content, correctness or usability. If your
material is not "server-ready", Welltodo Century Enterprise may
reject this material. Welltodo Century Enterprise will notify
you of its refusal of the material and afford you the
opportunity to modify the material to satisfy Welltodo Century
Enterprise's requirements. Use of the Services requires a
certain level of knowledge in the use of Internet languages,
protocols and software. This level of knowledge varies depending
on the anticipated use and desired content of your Web site. You
must have the necessary knowledge to create and maintain a Web
site. Welltodo Century Enterprise does not provide this
knowledge or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through Welltodo Century Enterprise's
services may be subject to protection under the United States or
other copyright laws, or laws protecting trademarks, trade
secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use Welltodo
Century Enterprise or its servers and network in a manner that
would infringe, violate, dilute or misappropriate any such
rights, with respect to any material, which you access or
receive through the Welltodo Century Enterprise network. If you
use a domain name in connection with Welltodo Century Enterprise
or similar service, you must not use that domain name in
violation of any trademark, service mark, or similar rights of
any third party.
Network Security
Customers may not use the Welltodo Century Enterprise network
with an attempt to circumvent user authentication or security of
any host, network, or account. This includes, but is not limited
to:
Customers may not attempt to interfere or deny service to any
user, host, or network. This includes, but is not limited to:
Welltodo Century Enterprise will cooperate fully with
investigations of violations of systems or network security at
other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal
violations. Users who violate system or network security may
incur criminal or civil liability. You are solely responsible
for any security breaches affecting servers or accounts under
your control. If your server or website is responsible for or
involved in an attack on or unauthorized access into another
server or system, Welltodo Century Enterprise will shut it down
immediately. You will pay any charges resulting from the cost to
correct security breaches affecting Welltodo Century Enterprise
or any of its other customers.
Shared Hosting Account/Dedicated Server 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.
-
You may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are
not expressly authorized to access, or probing the security
of other networks. Use or distribution of tools designed for
compromising security is prohibited. Examples of these tools
include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
-
You may not attempt to interfere with service to any user,
host or network ("denial of service attacks"). This
includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to
"crash" a host.
Customers who violate systems or network security may incur
criminal or civil liability. Welltodo Century Enterprise will
cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected
criminal violations.
Electronic Commerce
You will be solely responsible for the development, operation
and maintenance of your online store and products and all
contents and materials appearing online or on your products,
including without limitation (a) the accuracy and
appropriateness of content and materials appearing within the
store or related to your products, (b) ensuring that the content
and materials appearing within the store or related to your
products do not violate or infringe upon the rights of any third
party, and (c) ensuring that the content and materials appearing
within the store or related to your products are not libelous or
otherwise illegal. You will be solely responsible for the final
calculation and application of shipping and sales tax. You will
also be solely responsible for accepting, processing, and
filling any customer orders, and for handling any customer
inquiries or complaints arising there from.
You are also responsible for the security of any customer credit
card numbers and related customer information you may access as
a result of conducting electronic commerce transactions through
your Web Site. You will keep all such information confidential
and will use the same degree of care and security as you use
with your confidential information.
Static/Dynamic Content Caching
You expressly (i) grant to Welltodo Century Enterprise a license
to cache the entirety of your Web Site, including content
supplied by third parties, hosted by Welltodo Century Enterprise
under this Agreement and (ii) agree that such caching is not an
infringement of any of your intellectual property rights or any
third party's intellectual property rights.
IP Address Ownership
Welltodo Century Enterprise shall maintain and control ownership
of all IP numbers and addresses that may be assigned to you by
Welltodo Century Enterprise and Welltodo Century Enterprise
reserves, in its sole discretion, the right to change or remove
any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Welltodo Century Enterprise prior to the
effectiveness of the desired domain name registration, the
then-current amounts set forth in the Welltodo Century
Enterprise price schedule for the initial registration of the
domain name and, should Customer choose to renew the
registration, subsequent renewals of the registration. All fees
are non-refundable, in whole or in part, even if Customer's
domain name registration is suspended, cancelled or transferred
prior to the end of Customer's then current registration term.
Welltodo Century Enterprise reserves the right to change fees,
surcharges, renewal fees or to institute new fees at any time,
for any reason, at its sole discretion. Customer's requested
domain name will not be registered unless and until we receive
actual payment of the registration fee, and have confirmed
Customer's registration in an email from Welltodo Century
Enterprise to the email address indicated in Customer's
registration application. In the event of a charge-back by a
credit card company (or similar action by another payment
provider allowed by Welltodo Century Enterprise) in connection
with the payments of the registration fee for Customer's domain
name registration, Customer agrees and acknowledges that the
domain name registration shall be transferred to Welltodo
Century Enterprise as the paying entity for that registration to
the registry and that we reserve all rights regarding such
domain name including, without limitation, the right to make the
domain name available to other parties for purchase. Welltodo
Century Enterprise will reinstate Customer's domain name
registration solely at Welltodo Century Enterprise's discretion,
and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all
notifications of claimed copyright infringement on the Welltodo
Century Enterprise system or Web site should be sent ONLY to our
Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING
WELLTODO CENTURY ENTERPRISE THAT YOUR COPYRIGHTED MATERIAL MAY
HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE
SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY
COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS
INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT
(e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE,
REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU
WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following
Designated Agent:
Welltodo Century Enterprise
Legal Department
98-2-17A Prima Tanjung
Jalan Fettes
10470 Penang
Malaysia
Fax: +604-891-3202
copyright@welltodocentury.com
Under Title 17, United States Code, Section 512(c)(3)(A), the
Notification of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to
act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been
infringed or a representative list if multiple works are
involved.
3. Identification of the material that is claimed to be
infringing that should be removed or access to disabled and
information reasonably sufficient to enable the online service
provider to locate the material (usually a URL to the relevant
page).
4. Information reasonably sufficient to allow the online service
provider to contact the complaining party (address, phone
number, e-mail address).
5. Statement that the complaining party has "a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and
under penalty of perjury, that the complaining party is
authorized to act on behalf of the copyright owner.
Lawful Purpose
Welltodo Century Enterprise reserves the right to refuse service
to anyone. Customers may only use Welltodo Century Enterprise
server for lawful purpose. Transmission of any material in
violation of any Federal, State or Local regulation is
prohibited. This includes, but is not limited to copyrighted
material, material legally judged to be threatening or obscene,
and material protected by trade secrets. The designation of any
materials as such described above is left entirely to the
discretion of Welltodo Century Enterprise management. Regardless
of the place of signing this agreement, the client agrees that
for purposes of venue and jurisdiction this contract was entered
into and performed in Penang, Malaysia, and any dispute will be
litigated or arbitrated in Penang, Malaysia. Customer further
waives all objections to venue or jurisdiction and acknowledges
that venue and jurisdiction in any such litigation will be held
in Penang Courts. IN NO EVENT SHALL WELLTODO CENTURY
ENTERPRISE'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED (RM500.00)
RINGGIT FOR ANY REASON.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD WELLTODO CENTURY ENTERPRISE HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WELLTODO CENTURY
ENTERPRISE, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES,
THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED
OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S
AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS WELLTODO CENTURY ENTERPRISE AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH WELLTODO CENTURY ENTERPRISE'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 WELLTODO CENTURY ENTERPRISE'S SERVER.
Disclaimer
WELLTODO CENTURY ENTERPRISE WILL NOT BE RESPONSIBLE FOR ANY
DAMAGES YOUR BUSINESS MAY SUFFER. WELLTODO CENTURY ENTERPRISE
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. WELLTODO CENTURY ENTERPRISE DISCLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY WELLTODO CENTURY ENTERPRISE AND ITS
EMPLOYEES. WELLTODO CENTURY ENTERPRISE RESERVES THE RIGHT TO
REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE
PRIOR WRITTEN CONSENT OF WELLTODO CENTURY ENTERPRISE. HOWEVER,
WELLTODO CENTURY ENTERPRISE MAY ASSIGN THE CUSTOMER'S CONTRACT,
IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE
TO THE CUSTOMER. WELLTODO CENTURY ENTERPRISE RESERVES RIGHT TO
CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT
FURTHER OBLIGATION.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WELLTODO
CENTURY ENTERPRISE MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
AUP/TOS Revisions
WELLTODO CENTURY ENTERPRISE RESERVES THE RIGHT TO REVISE, AMEND,
OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND
AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY
REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW
INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE
AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE NOTIFIED IN
WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER
WELLTODO CENTURY ENTERPRISE AGREEMENTS AND DOCUMENTS FREQUENTLY
FOR CHANGES. |
