This agreement represents the complete agreement and understanding between Hostitek and the Customer ,and supersedes any other written or oral agreement. We reserve the right to make changes to the provided Terms of Service as needed, without notice to our clients. Changes made to our TOS does not constitute early contract termination or non-payment.

Disclaimer

YOU AGREE THAT YOUR USE OF Hostitek SERVICES SHALL BE AT YOUR SOLE RISK. Hostitek does not and cannot control the flow of information to or from Hostitek network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer's connections to the Internet (or portions thereof). Hostitek cannot guarantee that such events will not occur. Accordingly Hostitek disclaims any and all liability resulting from or related to such events.

Indemnification

You agree to indemnify, defend, and hold harmless Hostitek from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action and/or claims caused by or resulting indirectly from your use our services.

Governing Law

Any claim relating to Hostitek's web site shall be governed by the laws of the State of "Taiwan" without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Payments

All invoices must be paid before the expiration, in order to avoid the suspension of the services. The Cancellation of the services will be done on the 5th day after invoice has been expiration; this means that the service we offer you will be cancelled as well as your client account and your data will no longer be available. Client is responsible for all activities and charges resulting from Client's use of the Hostitek services.All payments to Hostitek are non-refundable. Should customer open a PayPal dispute, Hostitek has the right to suspend or terminate service at its discretion.Client acknowledges that no refunds will be given by Hostitek in the event that Client's account is terminated by Hostitek or Client mid-term.In the event of a breach of security, Client will remain liable for any unauthorized use of the Hostitek Services until Client notifies Hostitek via support ticket (with account identifying information) and receiving a ticket tracking number as proof of contact. Client agrees that wish to reactivate a closed account will be assessed a $15 reactivation fee. Client agrees to pay Hostitek US$50.00 for violations of the "Acceptable Conduct" "Prohibited Usage" policy.Client agrees to pay Hostitek US$100.00 for each blacklisting occurrence due to Client activities.Client agrees to pay Hostitek US$5 for recreation of a VPS or US$25.00 to rebuild a dedicated server after cancellation, as a service restoration fee. Bandwidth overages will be billed at Twenty Five Cents ($0.25) per gigabyte.

Acceptable Conduct

You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ("Content") are the sole responsibility of the account from which such Content originated. Hostitek reserves the right, but does not assume the responsibility, to monitor or review any Content on Hostitek services. You agree that you are responsible for the conduct of all users of your account and any Content that is transmitted, stored, or dyed by, from, or within your account while using Hostitek services and for any consequences thereof. You agree to use Hostitek services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Hostitek services or servers or networks connected to Hostitek services.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and could result in immediate account suspension or cancellation without a refund and the possibility that Hostitek will impose fees, and/or pursue civil remedies without providing advance notice.

Misuse of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU time (outside of allotted CPU usage), network capacity, disk I/O (input/output) or storage space. You will be given a warning before suspension for misuse of resources occurs.

IRC and associated applications (including bouncers, "bots", etc.) are prohibited.

malware (malicious software) and/or botnets are prohibited.

network and systems abuse scripts are prohibited.

You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.

You may not perform port scans with your server or attack other networks.

You cannot host torrents or bittorrent clients on our servers. Rapidleech and remote uploading scripts are not allowed.

Not Allowed VPN providers.

Does not allow the use of anonymous proxy scripts on ours servers. They can be very abusive to the server resources, affecting all users on that server.

Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Activity that causes an IP to be blacklisted. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a Setup Link server.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Hostitek or the customer.

Piracy, hacking, cracking, phreaking, warez, exploitive software or text that educates or encourages this activity and/or use are not allowed.

You may not publish any material that is grossly offensive, including: exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

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