website development & internet solutions
Terms & Conditions
for Web Hosting Services
Terms And Conditions For Provision Of Web Hosting Services By Anonym Technology Pte Ltd ("Anonym")
1 Commencement Of Service Provision
1.1 Service shall commence on the date specified by Anonym in writing.
2 Rights of Anonym
Anonym shall at all times have the right to manage and control the access to computer systems and information stored within the Anonym system in a manner deemed appropriate by Anonym notwithstanding that Anonym does not and is not obliged to actively monitor information stored within the systems. Anonym may, in its sole discretion, if it deems appropriate, vary, amend or suspend the Service or any part thereof including but not limited to the removal of content of web pages hosted on its servers, the removal of postings on its news service and the blocking of electronic messages through its mail servers.
3 Obligations of Customer
3.1 Customer shall be solely responsible for the set-up or configuration of his or its equipment for access to the Web Services provided by Anonym at their own expense.
3.2 Customer shall comply with all notices, directions or instructions given by Anonym from time to time in respect of the use of the Service including but not limited to the guidelines as stated in Anonym's Use Policy as set out in Anonym's web page, the contents of which are subject to change at any time at Anonym's sole discretion.
3.3 Customer shall be solely responsible for obtaining, at his own cost, all licences, permits, consents, approvals and intellectual property rights as may be required for using the Service.
3.4 Customer shall comply with the rules of any network through which Customer accesses the Service.
3.5 Customer shall be solely responsible for all information retrieved, stored and transmitted through the Service by him and for managing the use of the storage capacity provided so that it does not exceed the capacity allocated to him.
3.6 Customer shall obtain the prior written approval of Anonym for any activity which would or is likely to generate a change in traffic in excess of his normal usage and/or is likely to cause congestion in Anonym's network.
3.7 Customer shall not intentionally sabotage Anonym's network system and/or the Service, nor create or cause a situation whereby other subscribers or customers are affected in their enjoyment and/or use of the Service.
3.8 Customer shall not use Anonym's system and/or the Service to cause harm to any third party including but not limited to circumvention of user authentication or security of any host, network or account.
3.9 Customer shall not sabotage other users of the Service or other Internet service providers.
3.10 Customer undertakes to comply with and shall not contravene any applicable laws, statutes, bye-laws, regulations and directives including but not limited to the laws of Singapore relating to the Service including but without limitation to the Films Act, Computer Misuse Act, Penal Code, Copyright Act, Undesirable Publications Act, Singapore Broadcasting Authority Act, Indecent Advertisements Act, Public Entertainments Act, Common Gaming Houses Act, Maintenance of Religious Harmony Act, and Official Secrets Act, Telecommunications Authority of Singapore Act including all regulations and bye-laws made pursuant thereto and any terms and conditions of any license granted to Anonym by the Telecommunications Authority of Singapore and the Internet Service Provider and the Internet Code of Practice, any regulations, bye-laws, guidelines, instructions, etc in whatsoever form that the Singapore Broadcasting Authority may issue from time to time relating to the Service or otherwise.
3.11 Customer undertakes not to share the Service with any person or any third party for the purpose of advertising or generation of revenue for the Customer.
3.12 The Customer shall at all times use the e-mail address(es) which legally belong(s) to him and shall not in any way misrepresent or pass-off an e-mail address(es) not belonging to him as his e-mail address(es).
3.13 The Customer shall not use the Service:
3.13.1 for any unlawful or criminal purpose whatsoever nor for sending to or receiving or displaying any message or posting which is offensive (whether on moral, religious, communal or political grounds), or is abusive, indecent, obscene or menacing in nature;
3.13.2 for persistently sending messages without reasonable cause or for causing threat, harassment, annoyance, inconvenience or nuisance to any person whomsoever;
3.13.3 for any purpose that is against public interest, public order or harmony or offends against morals, decency or good taste;
3.13.4 in breach of the Internet Code of Practice, any regulations, bye-laws, guidelines, instructions, etc in whatsoever form that the Telecommunication Authority of Singapore or the Singapore Broadcasting Authority may issue from time to time relating to the Service or otherwise;
3.13.5 to post or transmit any information or software which contains virus, worm, cancelbot or other harmful component;
3.13.6 to copy, upload, post, publish, transmit, reproduce, or distribute in any way or manner whatsoever, information , software, or other material which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder;
3.13.7 for offering any professional advice or specialist consultancy services without the written approval of the governing authority for that profession or specialization;
3.13.8 through the use of the e-mail name or password infringe any copyright or other intellectual property rights to the information or resources available nor shall the Customer retain such information or resources for re-use in any computer system or otherwise;
3.13.9 attempt to gain access to any computer system connected to Internet without authorisation by the owner of the computer system; and
3.13.10 to access information or resources which are private to individuals and organizations unless permission to do so has been granted by the owners or holders of the rights to such resources and information.
3.14 The Customer shall, when accessing any other network through the Service, comply with the rules appropriate for such other network.
3.15 The Customer shall be solely responsible for the data retrieved, stored or transmitted through the Service.
3.16 The Customer shall be solely responsible for managing the use of the storage capacity such that it is within the capacity allocated to him or as may be stipulated by Anonym from time to time.
3.17 The Customer shall, when required by Anonym and/or the Singapore Broadcasting Authority or any other regulatory authorities (Regulator) assist the Regulator in any investigation by the said Regulator into any alleged violation of any law or any licence condition committed by any person or persons whomsoever.
3.18 The Customer shall strictly comply with and observe each and every term and condition of this Agreement and the customer shall be solely liable for and shall at all times indemnify and keep indemnified in full Anonym against all losses, damages expenses, claims, costs (legal cost or otherwise on an indemnity basis), suits or proceedings whatsoever and howsoever arising, which Anonym may incur or suffer directly or indirectly by reason of non-observance of any one or more terms and condition of this Agreement by the Customer whether the loss, damage, expense, claims, costs, suits or proceedings are incurred or suffered on, before or after the termination of the Agreement.
3.19 Customer undertakes to indemnify and hold Anonym harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on an indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever including without limitation to claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers and computer systems (including but not limited to hacking), property damage or pecuniary losses howsoever arising which Anonym may sustain, incur, suffer or pay arising out of, in connection with or pursuant to this Agreement or the use of Customer's account whether authorised or not authorised or the use of the Service by Customer or any act or omission of Customer thereof.
4.1 Anonym does not guarantee the privacy or protection of Customer. Customer shall take all such measures as may be necessary (including but not limited to changing his or its password from time to time) to protect the secrecy of his or its User Identification and/or password and shall not reveal the same to any other person(s). Anonym shall not be liable for any loss or damage incurred or suffered by Customer or any third party due to any wrongful use of Customer's account by Customer or any wrongful or fraudulent use of Customer's account by any other person.
4.2 Customer acquires no rights to any mailbox number, User identification, IP address, circuit reference and any codes assigned to him or it by Anonym. Anonym reserves the right to change or re-assign the same to Customer or other customers at its sole discretion without being liable to Customer for any damages or losses suffered.
4.3 Anonym does not and will not perform system backups of information stored within its system. Anonym is not responsible or obliged to provide historical data or to assist Customer in downloading, faxing or reading any of its or his electronic mails.
5.1 In the event any software is provided by Anonym for use with the Service:
5.1.1 Anonym makes no warranty with respect to the Software provided to the Customer;
5.1.2 Anonym disclaims all liabilities whatsoever in respect of and/or arising out of the Software provided to the Customer. The Customer shall have no remedy against Anonym for defects in the Software. In no event will Anonym be liable to the Customer for any damages whatsoever, including any loss of profits, lost savings, or other incidental or consequential loss or damage arising out of the Customer's use or inability to use the Software;
5.1.3 Customer shall be solely responsible for ensuring that such Software is suitable for his or its needs and the compatibility of such Software for use with any equipment used by him or it, whether or not any changes are introduced to the Service by Anonym;
5.1.4 Customer shall adhere to all instructions and notices (written or otherwise) given by Anonym whether originating from Anonym or any other person from time to time regarding the use of the Software.
5.2 Anonym shall also not be responsible in any way for software not distributed, approved or recognised by Anonym including software downloaded from the Internet. In the event that Customer uses such software in connection with the Service, Anonym will not be liable for any fault, loss and/or damage of whatsoever nature resulting directly or indirectly from such use.
5.3 In the event that changes are introduced to Anonym's network, Anonym shall not be responsible to ensure that the Software will continue to be compatible with Anonym's network and the Customer shall have no claim whatsoever against Anonym arising therefrom.
5.4 The Customer shall strictly comply with and ensure compliance by his servants and agents with all instructions or notices in whatever form and through whatever means given by Anonym from time to time regarding the use of the Software.
6.1 Any condition or warranty which may be implied or incorporated within this Agreement by reason of statute or common law or otherwise (including warranties as to satisfactory quality and fitness for purpose) is HEREBY EXPRESSLY EXCLUDED. While every care is taken by Anonym in the provision of the Service, Anonym shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, security, accuracy or quality of information available, received or transmitted through the Service.
6.2 Anonym shall not be liable for any loss or damage (whether direct, indirect, incidental, special, punitive or consequential) sustained by reason of Customer's use or inability to use the Service or any disclosure (inadvertent or otherwise) of any information concerning Customer's account and particulars or for any error, omission or inaccuracy with respect to any information so disclosed.
7.1 Customer shall not divulge or communicate to any person or use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his or its knowledge by reason of or in connection with this Agreement, and shall use all reasonable efforts to prevent its employees, officers, agents and consultants from so acting, except with the prior written consent of Anonym or where required to be disclosed pursuant to any applicable law or legal process used by any court or the rules of any relevant regulatory body.
7.2 Anonym shall not divulge or communicate to any person (other than those who have been bound under a similar obligation of confidence as Anonym) any confidential information which may or may have come to its knowledge by reason of or in connection with this Agreement, except with the prior consent of the Customer or where required to be disclosed pursuant to any applicable law or legal process used by any court or the rules of any relevant regulatory body. Customer agrees that Anonym may disclose to third parties certain registration data and certain information about Customer's use of the Service provided that such disclosures do not include Customer's name, mailing address, telephone or facsimile number.
7.3 Customer acknowledges and agrees that Anonym may from time to time access his or its content and other parts of the Service as necessary to identify or resolve technical problems or to respond to service complaints. Customer acknowledges and agrees that certain technical processing of information is and may be required (a) to send and receive such data; (b) to perform planning and scheduling functions; (c) to conform to the technical requirements of connecting networks; (d) to conform to the technical requirements of the Service; or (e) to conform to other similar technical requirements.
8 Termination Or Suspension Of Service
8.1 Customer may request for service termination by giving not less than thirty (30) days' prior notice in writing to Anonym.
8.2 Any refund of any monies paid in advance shall be as stipulated and in accordance with the terms stated in Anonym Use Policy at the date of termination (whether original or varied or amended or added). The Anonym Use Policy is as shown in the Website of Anonym and Anonym reserves the right to amend, vary and add to the terms in Anonym Use Policy at its sole discretion at any time without written notice to the Customer but all such changes shall be reflected in the Website of Anonym.
8.3 Anonym may at any time terminate service provision to Customer by giving not less than thirty (30) days' prior notice in writing to Customer.
8.4 Notwithstanding clause 3.8 above, Anonym may terminate this Agreement with immediate effect:
8.4.1 if in the opinion of Anonym, the Customer has breached any of the terms or conditions of this Agreement or the Anonym Use Policy;
8.4.2 if the Customer has at any time provided any false or incomplete information to Anonym;
8.4.3 if in the opinion of Anonym or any competent or regulatory authority, it is against public policy or interest to continue providing the Service to the Customer for any reason whatsoever;
8.4.4 if the Customer dies or is declared a bankrupt;
8.4.5 where the Customer is a corporation, if Customer enters into any compromise or arrangement with its creditors or a receiver is appointed over the whole or part of the undertaking of the Customer or proceedings are taken for the appointment of a receiver or liquidator of or the winding up of the Customer or the Customer becomes insolvent or ceases to carry on business;
8.4.6 if in Anonym's opinion, the Customer has behaved unreasonably and in such a way that hinders Anonym in the proper discharge of its obligations herein.
8.5 Without prejudice to any other rights or remedies, Anonym may at any time and in its sole discretion, suspend the Service or any other service provided by it without any liability to the Customer or any person or organization whatsoever.
9 Variation and Waivers
9.1 Anonym reserves the right to amend the terms and conditions contained herein at any time upon written notice (in such form as may be determined by Anonym) to Customer. The Customer agrees that notice via electronic mail to the Customer's electronic mail address, or by the posting on Anonym's website, or by way of posting by ordinary mail to the last known address of the Customer or by the posting of advertisements in major newspapers in Singapore shall be deemed to be sufficient written notice for the purposes of this clause.
9.2 Without limitation to the generality of the foregoing, any provision of this Agreement may be varied, supplemented or amended only if Anonym so agrees in writing. Any provision of this Agreement may be waived only if Anonym so agrees in writing provided that such waiver may be given subject to conditions thought fit by Anonym and shall be effective only in the instance and for the purpose for which it is given.
9.3 No failure on the part of Anonym to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).
The rights and obligations under this Agreement shall not be assigned by Customer without the prior written consent of Anonym, but subject thereto, shall be binding on and inure for the benefit of his or its successors and permitted assigns.
11 Force Majeure
11.1 Anonym shall not be liable for any delay or default in the performance of its obligations under this Agreement caused by circumstances beyond its control and without the fault or negligence of Anonym including but not limited to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, Anonym shall for the duration of such event, be relieved of any such obligation under this Agreement as is affected by the said event. PROVIDED that the provisions of this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by such event. And PROVIDED further that the parties shall resume their full obligations under this Agreement upon the cessation of such event.
12 Legal Costs
12.1 Without prejudice to any of the other provisions of this Agreement and to any other rights and remedies which Anonym may possess, Customer shall at all times be liable for and shall indemnify Anonym against all costs and expenses (including legal costs on an indemnity basis) which Anonym may sustain, incur, suffer or pay in protecting or enforcing any rights under this Agreement (including but not limited to Customer's failure to pay subscription fees when due).
13.1 This Agreement creates no agency, partnership, joint venture or employment and neither Customer nor his or its agents have any authority to bind Anonym in any respect whatsoever.
14 Governing Law and Jurisdiction
14.1 This Agreement is governed by, and construed in accordance with, the laws of the Republic of Singapore and the Customer and Anonym hereby submits to the exclusive jurisdiction of the Singapore courts.
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