DISCLAIMER
Terms of Service | Acceptable Usage Policy | Fair Usage Policy | Use of Our Web Site
CHRIXKIT Media (herein referred to as “CHRIXKIT”) provides Internet World Wide Web page hosting, design, e-commerce solutions, domain registration and E-mail services for individuals and business. CHRIXKIT, as a legal entity, has to fulfill certain ethical responsibilities regarding the use of its computer network and equipment involved in offering such services.
CHRIXKIT acts as a neutral provider of access to the global Internet. The ethical concerns regarding the use of our network are detailed below. CHRIXKIT agrees to furnish services to the Client, subject to the following Terms of Service (TOS). Use of our services constitutes acceptance and agreement to our Acceptable Usage Policy (AUP). CHRIXKIT reserves the right to suspend or cancel a Client’s access to any or all services provided should CHRIXKIT deem that the account has been inappropriately used, even for events that are not specifically outlined in this document.
All provisions of this contract are subject to the TOS, AUP, and the Fair Usage Policy (FUP) of CHRIXKIT Media. The TOS, AUP and Fair Usage policy (“policies”) may be changed from time to time at the discretion of the Company. Client understands that change to the policies by the Company shall not be grounds for early contract termination or non-payment.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition CHRIXKIT shall have the right to terminate all service set forth in this Agreement.
Service Rates: Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the billing cycle for the forthcoming period.
Payments and Fees: Payments are made in advance for services and hence if we do not receive payment on the appropriate renewal date, then the account will be deemed as 'Overdue' and will be automatically suspended. After a total of 30 days after initial suspension, the hosting account all associated data will be deleted. The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Refund and Disputes:
All payments CHRIXKIT are non-refundable: this includes any setup fees or
any subsequent charges regardless of usage. All overcharges or billing
disputes must be reported within 30 days of the time the dispute occurred.
All web hosting accounts provided by CHRIXKIT begin at the time payment is
received by 2Checkout or Maybank2U into CHRIXKIT accounts. Clients are no
longer able to cancel and demand for a refund once service provision has
begun.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury
New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
Free domain names: If a package offers free domain name registration(s), there is a minimum hosting term of 1 (ONE) year.
Support Boundaries: We limit our technical support to our area of expertise. The following is our guidelines when providing support: CHRIXKIT provides support related to your server or virtual site physical functioning. CHRIXKIT does not offer full tech support for application specific issues such as CGI programming, HTML or any other such issue, but will advice on Client specific requests.
SPAM and
Unsolicited Commercial Email (UCE):
CHRIXKIT takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this means that
Clients of CHRIXKIT may not use or permit others to use our network to
transact in UCE. Clients of CHRIXKIT may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks.
Promotion of UCE related software, lists or other related resources in any
manner is not permitted.
In addition, it is not acceptable to transmit bulk email through remote
SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25)
connection to the destination mail servers. This technique may result in
account suspension or termination. Violations of this policy carry severe
penalties, including termination of service. In order to prevent unnecessary
blacklisting due to spam we reserve the right to occasionally sample bulk
email being sent from servers.
Network:
IP Address Ownership: If CHRIXKIT assigns Client an Internet Protocol address for Client's use, the right to use that Internet Protocol address shall belong only to CHRIXKIT, and Client shall have no right to use that Internet Protocol address except as permitted by CHRIXKIT in its sole discretion in connection with the Services, during the term of this Agreement. CHRIXKIT shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Client by CHRIXKIT, and CHRIXKIT reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Bandwidth and Disk Usage: Client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by the Client on the Order Form (the "Agreed Usage"). CHRIXKIT will monitor the Client's bandwidth and disk usage. CHRIXKIT shall have the right to take corrective action if Client's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CHRIXKIT’s sole and absolute discretion. If CHRIXKIT takes any corrective action under this section, Client shall not be entitled to a refund of any fees paid in advance prior to such action.
System and Network Security: Users are prohibited from violating or attempting to violate the security of CHRIXKIT’s and its partners networks. Violations of system or network security may result in civil or criminal liability. CHRIXKIT and it’s partner firms will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
If, for some reason, your site is offline and this is not subject to:
then we agree to issue (upon
request) a pro-rated refund to you based on the actual amount of time offline.
For example: if the server is not serving web pages for 60 minutes then we
reimburse you a maximum of 60 minutes worth of your payment to us.
Reimbursements, due to bank and transaction charges, cannot be issued for
amounts less than RM1 (one Malaysian Ringgit) or $0.26 (twenty six US cents).
Notification of Violation: CHRIXKIT is under no duty to look at each Client's or user's activities to determine if a violation of the AUP has occurred, nor do we assume
Suspension of Service or Cancellation: CHRIXKIT reserves the right to suspend network access to any Client if in the judgment of the CHRIXKIT network administrators the Client's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which CHRIXKIT chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Client will not be credited for the time the Client's accounts were suspended.
CHRIXKIT reserves the right to amend its policies at any time. All Clients of CHRIXKIT must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and Conditions (T&C). Therefore, it is in your best interest to implement a similar or stricter Terms and Conditions or otherwise called Acceptable Terms of Use Policy (AUP).
Indemnification: CHRIXKIT wishes to emphasize that in agreeing to the CHRIXKIT Acceptable Use Policy (AUP) and Terms of Service (TOS), Client indemnifies CHRIXKIT for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to CHRIXKIT or the bringing of any claim against CHRIXKIT by any third-party. This means that if CHRIXKIT is sued because of a Client's or a Client of a Client's activity, the Client will pay any damages awarded against Easy CHRIXKIT, plus all costs and legal fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation.
CHRIXKIT takes no responsibility for any material input by others and not posted to the CHRIXKIT by CHRIXKIT. CHRIXKIT is not responsible for the content of any other web sites linked to the CHRIXKIT; links are provided as Internet navigation tools only. CHRIXKIT disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
CHRIXKIT is not responsible for any damages your business may suffer. CHRIXKIT does not make implied or written warranties for any of our services. CHRIXKIT denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CHRIXKIT.
Content:
It is forbidden to host pornographic content on
our services.
It is absolutely forbidden to host or promote
illegal content (or sites encouraging illegal
activities of any kind), hate or racist content,
"BitTorrent" servers and source sites,
third-party copyrighted material, "warez"
(including pirated software, ROMS, emulators,
"phreaking", hacking, password cracking material
- and links to the same), or third party servers
(such as IRC) on our network and servers.
Accounts found hosting this material will be
subject to immediate cancellation without
refund. CHRIXKIT reserves the right to terminate
accounts hosting material, which in its sole
opinion, may be classed as "undesirable content"
or which may pose a risk (of any sort) to either
CHRIXKIT as an entity/company, our network or
servers or to a third party.
Responsibility for Content: You, as CHRIXKIT’s Client, are solely responsible for the content stored on and served by your account. While CHRIXKIT maintains server backups of all Client’s data in the event of server upgrading and maintenance work, it is your sole responsibility to ensure that you have up to date backups of any and all data relating to your account. CHRIXKIT can not take responsible for any loss or damage of any data.
CHRIXKIT’s Acceptable Use Policy ("AUP") is provided to give our Clients and users a clear understanding of what CHRIXKIT expects of them while using the service. All users of CHRIXKIT’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of CHRIXKIT’s Service constitutes acceptance and agreement to CHRIXKIT’s AUP as well as CHRIXKIT’s TOS (Terms of Service). All payments to CHRIXKIT are Non-refundable under general terms. Exceptions may apply.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor Client activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. CHRIXKIT may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your CHRIXKIT account or other actions WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of CHRIXKIT’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of CHRIXKIT’s AUP:
Ensure reliable service to our Clients
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
CHRIXKIT intends to provide its Clients access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Company and the Internet cannot be permitted under the guise of free speech. The resources of CHRIXKIT and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization, the preparation of billing records and during technical support requests. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your account to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a CHRIXKIT account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise Clients of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
Violations of Acceptable Usage Policy
The following constitute violations of this AUP:
Illegal use: CHRIXKIT’s services may not be used for illegal purposes, or in support of illegal activities. CHRIXKIT reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the CHRIXKIT service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the CHRIXKIT service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the CHRIXKIT service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of CHRIXKIT service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the CHRIXKIT service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Client(s) account
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Client(s) account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the CHRIXKIT service is in violation of this AUP.
Usenet SPAMming: CHRIXKIT has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of the CHRIXKIT service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of CHRIXKIT’s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending CHRIXKIT account is subject to immediate termination.
Copyright or trademark infringement: Use of the CHRIXKIT service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of the CHRIXKIT service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the CHRIXKIT service for any activity which affects the ability of other people or systems to use CHRIXKIT’s services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A Client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Client may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. CHRIXKIT will not tolerate any Client attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of malicious software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using CHRIXKIT services could result in suspension service.
Third Party Accountability: Clients will be held responsible and accountable for any activity by third parties, using their accounts that violate guidelines created within the Acceptable Use Policy.
It is absolutely forbidden to host pornographic content or IRC servers on our servers. Accounts found hosting this material will be subject to immediate cancellation without refund
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
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.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
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.
Users who violate systems or network security may incur criminal or civil liability. CHRIXKIT 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.
Network Performance
CHRIXKIT accounts operate on shared resources. Excessive use or abuse of these shared network and hosting resources by one Client may have a negative impact on all other Clients. Misuse of network resources in a manner which impairs network or server performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other Clients or the performances of CHRIXKIT and its partner(s) systems or networks. CHRIXKIT reserves the right to terminate or limit such activities.
"Unlimited Bandwidth/Data transfer" accounts: The term "Unlimited" is often used within the Internet Services community to describe services of which no hard limits or per unit pricing are imposed, but which are nonetheless governed by limitations of fair and reasonable use, often at the discretion of the service provider. CHRIXKIT offers most services with "Unlimited" bandwidth, which bear no per unit charges, nor hard limits, but nonetheless are governed by reasonable and fair use. This means that we will not charge you for any bandwidth your account uses, nor will we impose any hard limits on the amount of bandwidth that you can use, provided said use is what CHRIXKIT deems to be reasonable. If at any time CHRIXKIT deems your bandwidth usage to be abusive or unreasonable for the level of service that you have purchased, or your bandwidth usage threatens to impair the quality of other users' service, CHRIXKIT may, at its sole discretion, take steps to limit the amount of bandwidth you consume, including the cancellation of your account without notice. CHRIXKIT will at no time attempt to collect payment for bandwidth already used by a customer, regardless of the amount.
Electronic Communications
When you visit CHRIXKIT Media or send e-mails to us, you
are communicating with us electronically, and thereby
you are consenting to receive communications from us
electronically or by other means available. We will
communicate with you electronically, by telephone or by
facsimile. It is further understood that all agreements,
notices, disclosures and other communications that we
provide to you electronically satisfy any legal
requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not
limited to: Text, graphics, logos, button icons, Flash
movies, images, audio clips, digital downloads, data
compilations, and software, are the property of CHRIXKIT
Media, its content suppliers or it's clients and are
protected by Domestic and International copyright and
trademark laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute any
portion of the website contents without the prior
express written consent of CHRIXKIT Media.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at info@chrixkit.net to notify us of this infringement.
Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant CHRIXKIT Media a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant CHRIXKIT Media the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
License and Website Access
CHRIXKIT Media grants you limited license to access and
make personal use of this website and not to download
(other than for page caching purposes) or modify it, or
any portion of it, except with the express written
consent of CHRIXKIT Media. This website or any portion
of this website may not be reproduced, duplicated,
adapted, copied, sold, resold, transmitted or otherwise
exploited for any commercial purpose without the express
written consent of CHRIXKIT Media. You may not frame, or
use any framing techniques to enclose any trademark,
logo, or other proprietary information (including
images, text, flash movie, page layout, or form) of
CHRIXKIT Media without the express written consent of
CHRIXKIT Media. You may not use META tags or any other
"hidden text" which www.CHRIXKIT.net, CHRIXKIT Media or
any other derivative of our domain or company name
without the express written consent of CHRIXKIT Media.
You are hereby granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home
page of CHRIXKIT Media so long as the link does not
portray any false, misleading, derogatory, or otherwise
offensive matter.
It is further understood and agreed that CHRIXKIT Media cannot and does not guarantee or warrant that files made available for downloading through the CHRIXKIT website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through CHRIXKIT Media are free from such contaminations.
Revisions to this Acceptable Use Policy, Terms of Service, Fair Usage Policy and Use of This Web Site Notices
CHRIXKIT reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service), our fair usage policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Request and Address
Please send notices by care of e-mail to:
info@chrixkit.net
(or) by our Mailing Address:
CHRIXKIT Media,
1, Lorong Pykett,
10400 Penang,
Malaysia