DO NOT SIGN-UP, IF YOU DO NOT ACCEPT OUR AUP POLICY
Acceptable Use Policy (Service
Contract)
MangoXchange is a Web Presence Provider. User accounts on our
Internet servers are subject to compliance with the terms and
conditions set forth below. Under the terms of this agreement,
your placement of information on MangoXchange's servers is an
acknowledgement that you have read and understood this agreement,
and that you agree to be bound by the terms and conditions below.
If you do not wish to be bound by these terms and conditions, you
should not proceed to place any information of any kind on
MangoXchange's servers.
PARTIES
1. WEB PRESENCE PROVIDER
MangoXchange Webhosting Services aka MangoXchange
2. CUSTOMER
RECITALS
Provider is in the business of offering online services available
through its web site www.mangoxchange.com to its customers.
(A) Customer 's accounts on the Provider's Internet servers on its
aforesaid Web sites are subject to compliance with the terms and
conditions set forth below and such terms and conditions as are
found in its Web sites when the Customer avails itself of the
services at that Web site.
(B) Under the terms of this Agreement, the Customer placement of
any information on Provider's server is an admission of having
read and understood the terms and conditions of this Agreement,
and to be bound by the terms and conditions below.
PROVIDER'S OBLIGATIONS
1. The Provider through its web site at www.mangoxchange.com
arranges for its online services as described in the said web
sites and to enable its customers to have an online presence for
the conduct of its activities.
2. The services are provided on an "as is" and "as available"
basis without warranties of any kind, either express or implied in
any and all usage of any services offered by the Provider. Any
advice or information given by Provider or its agents or employees
shall not create a warranty.
3. Provider gives no warranty that the service shall be
uninterrupted or error free or that any information, software or
other materials accessible on its services are free from viruses
or other harmful components.
4. Provider shall under no circumstances be liable for any direct,
indirect, special, punitive, or consequential damages that result
in any way from Customer's use of or inability to use the
services, or for third parties' use of the service to access
Customer's Web space, or to access the Internet or any part
thereof, or any third parties' reliance of or use of information,
services, or merchandise provided on or through the service, or
that result from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or transmission, or
any failure of performance.
5. The Provider reserves the right to carry out amendments,
modifications or replacements where in its opinion such amendments
modifications or replacements are necessary to remove or amend any
material which are or are likely to be construed as being illegal,
obscene threatening defamatory discriminatory promoting illegal or
unlawful activity or otherwise objectionable or in violation of
any rules regulations or laws to which the website is subject and
the provider shall notify the Customer accordingly.
6. The Provider reserves the right to refuse to carry out
amendments, modifications or replacements where in its opinion
such amendments modifications or replacements are or are likely to
be construed as being illegal, obscene threatening defamatory
discriminatory promoting illegal or unlawful activity or otherwise
objectionable or in violation of any rules regulations or laws to
which the website is subject and the Provider shall notify the
Customer accordingly.
7. The Provider reserves the right to terminate its service to the
Customer at Provider's sole discretion and to deny access to all
or part of the service without notice if Customer engage in any
conduct or activities that Provider in its sole discretion
believes violates any of the terms and conditions in this
Agreement and the Customer agrees that it shall have no cause of
action for any loss of business/profits and or for any damages
whatsoever. The Provider shall also have the right to notify
directly all the clients and the users of the Customers of its
website of the closure.
CUSTOMER'S OBLIGATIONS
8. The Provider's services shall be used for lawful purposes only.
It is strictly prohibited to use any of these services if the use
thereof by the Customer violates any laws rules and or regulations
in any jurisdictions.
9. While using the Provider's service, Customer shall not
(a) restrict or prevent any other user from using and having such
access to the Internet
(b) post or transmit any material likely to be construed as being
illegal, obscene threatening abusive offensive indecent libelous
defamatory discriminatory promoting illegal or unlawful activity
or otherwise objectionable or in violation of any rules
regulations or laws to which the website is subject to including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense or give rise to
civil liability
(c) Post, publish, transmit, reproduce or distribute any
information or software which contains a virus or other harmful
component;
(d) Post, publish, transmit, reproduce, distribute or in any way
exploit any information, software, or other material obtained
through the service for commercial purposes (other than as
expressly permitted by the provider of such information, software,
or other material);
10. The Customer agrees that as the person legally liable or as
the authorised person for use of this account, complies with the
minimum age of 16 years of age and shall furnish the Provider with
a current and truthful name, postal address and telephone number
for its records, and this obligation shall continue throughout the
duration of this Agreement any changes to be notified to the
provider in writing within 3 days from the change taking into
effect.
11. The Customer consents to the Provider monitoring the services
electronically from time to time and to disclose any information
as necessary to satisfy the law, or to protect itself or its
subscribers.
12. The Customer unconditionally accepts that by placing
information on Provider's servers that such information becomes
available to all Internet users and that Provider would not be
able to limit or restrict access to such information or protect
such information from copyright infringement.
13. The Customer undertakes complete responsibility and risk in
using the Provider's servers and the Internet and it shall be the
Customer sole responsibility
(a) to evaluate the accuracy, completeness, and usefulness of all
opinions, advice, services and other information, and the quality
and merchantability of all merchandise offered by the Provider or
on the Internet generally.
(b) for the files and data residing on Customer's account and for
files and data transferred and to maintain all appropriate
backup of files and data stored on Provider servers.
14. Customer agrees not to maliciously or intentionally interfere
with the proper operation of the system, including but not limited
to defeating identification procedures, obtaining access outside
to that which Customer is authorized for, and impairing the
availability, reliability, or quality of service for other
customers.
15. Customer further agrees not to interfere with the proper
operation of other systems reachable through the Internet,
including any attempt at unauthorized access and to comply the
Acceptable Use Policy of any network or service connected to.
16. Customer shall adhere and comply to system policies whether
now or in the future as published online by Provider, including
restrictions on services available with each account type,
restrictions on certain features, and all other policies designed
to protect and enhance the quality and reliability of service by
Provider.
17. Customer accepts that the security of its account is its sole
responsibility and shall notify Provider immediately in writing by
registered mail, return receipted, to Provider at the above
address in the event the Customer believes that the security of
its account had been compromised in whatsoever manner. The
Customer shall be wholly responsible for any misuse or compromise
of its account for which Provider had not been properly notified.
PAYMENT
18. The Customer shall pay for the services received from
Provider, in advance of the time period during which such services
are provided. Customer agrees that all setup fees are
non-refundable once setup is completed and that until and unless
Provider is notified of the cancellation of any or all services
received, those services will be billed on a recurring basis.
19. In the event of payments being effected by credit card
Customer shall accept prepayments to be billed and charged
automatically, and that Provider may apply the amount due to the
provided credit card at any time. However Provider agrees that
pro-rated refunds for unused time periods shall be provided upon
written request, in the event of account termination and the
computation of the refund to be made shall be at the sole
discretion of the Provider.
20. If the payments were effected through credit card, the
Customer admits being an authorized user of any credit card that
it supplies to Provider and accepts that the Provider has an
obligation to fully investigate any possible fraudulent credit
card use as necessary.
(a) Renewal INVOICE need to be clear
before the DUE DATE show on the INVOICE, if not will lead to
Suspension or Unplug from the network until full outstanding
amount received. Servers or Services being Suspended or Unplug
from the network due to unpaid invoice, will only be connected
back within 48 Hours upon full outstanding amount received. A
Reconnect Fee of USD 25 will be incurring for reconnect back of
each service or server back to the network due to unpaid invoice
outstanding amount;
SUSPENSION/TERMINATION
21. The Provider shall suspend and or terminate at its discretion
in the following situations immediately and without notice and ,
namely
(a) Customer's use of the Provider's system to engage in software
piracy or other violations of law;
(b) The Customer accepts that if any security violations are
believed to have occurred in association with its account, pending
an investigation and its resolution;
(c) Customer shall not transmit unsolicited or prohibited
advertisement or other materials harassing or illegal through
electronic mail, Usenet postings, or other Internet media thorough
the use of Provider or any other service with reference to
services obtained through Provider, for unsolicited mass mailings,
postings, or other activities considered an annoyance to others,
commonly referred to as "spamming"; Service may be suspended and a
USD 500.00 fee will be Ａssessed.
(d) use of any material which are or are likely to be construed as
being illegal, obscene threatening defamatory discriminatory
promoting illegal or unlawful activity or otherwise objectionable
or in violation of any rules regulations or laws to which the
website is subject.
(e) Dedicated Server Customer, which
over used of given bandwidth and does not make payment for the
overusage will be unplug from the network with immediate effect.
Overusage of every 1Mbps is billed in USD 150 for Asia Network
(Singapore, China and Hong Kong) and USD 90 for USA Network.
(f) Dedicated Server bandwidth aka
Data Transfer, both International and Local Bandwidth are
calculate in equally base on your dedicated bandwidth on the
package your sign-up. Dedicated is only capped by default on
International and not Locally, so if overusage is chargable for
local bandwidth also.
22. In any of the above situations the Provider shall notify the
appropriate authorities accordingly and release all information to
the appropriate authorities even if such information is
confidential or received confidentially and in pursuance thereof
cooperate in any government or legal investigation regarding any
aspect of services rendered or sold to the Customer
23. In any of the above situations the Provider shall not be
liable for any damages expenses loss of business/profits costs
howsoever caused to the Customer by the decision taken by the
Provider to suspend or terminate the Customer's accounts with the
Provider.
24. In the event Customer is dissatisfied with Provider service or
any of its terms, conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is to
discontinue/terminate the service and such refunds if any to be
made by the Provider to the Customer shall at the sole discretion
of the Provider.
RENEWAL
Customer need to clear the due Invoice base on the Due Date
mention on the Invoice. If customer fail to clear before due
date, MangoXchange got the right to cancel the customer hosting
account and immediate delete all data from the webserver once
invoice past due date with no further notice. Any Data loss,
MangoXchange is not liable to it due to customer did not make
the renewal invoice ON TIME. If you need any Grace period to
clear your due invoice, please contact billing via Helpdesk,
fail to do so, meaning you do not wish to renewal it, and you
hosting account will be deleted from our webserver once the
Invoice past Due. Data will be deleted from the webserver after
24 hours (After Invoice Past Due Date). Alway remember to
contact Billing if you need any Grace Period to clear your
renewal invoice to avoid system auto delete your data from the
webserver.
GENERAL PROVISIONS
25. The Provider is under no obligation to notify any third-party
providers of services, merchandise, or information, nor any
liability for any consequences resulting from such discontinuance
or lack of notification. However the Provider may do so if in the
discretion it considers necessary.
26. This Agreement supercedes all prior agreements, arrangements
and understandings whether written electronic or oral between the
parties and constitute the entire agreement between the parties
relating to the subject matter herein. No addition to or
modification of any provision of this Agreement shall be binding
upon the parties unless made by a written instrument signed by a
duly authorised representative of each of the parties.
27. Notwithstanding that the whole or any part of the clauses in
this Agreement may prove to be invalid or unenforceable all other
clauses of this Agreement and the remainder and parts of the
clauses in question shall remain in full force and effect and the
invalidated or the unenforceable parts of the clauses shall be
read and applied in a manner as to render it valid and enforceable
in accordance with the laws of Singapore.
28. This Agreement shall be interpreted and enforced in accordance
with Hong Kong Law. By accessing the above websites, you agree
that Hong Kong law, including without limitation the provisions of
the Hong Kong Evidence Act (Chapter 97) and the Electronic
Transactions Act (No 25. of 1998), shall govern such access as
well as the above terms.
29. Customer agrees that all services provided by Provider shall
be deemed to have been requested and provided in Any
Country. Customer submits to the laws of Singapore over
any and all claims or disputes arising from or relating to this
agreement or in relation to the services rendered by Provider.
30. Any notice or communication under or in connection with the
Agreement shall be in writing and shall be delivered by way of
post e-mail or facsimile to the Customer's above address or to
such address as the Customer had notified the Provider in writing.
31. Proof of posting or dispatch of any notice or communication to
a party shall be deemed to the proof of receipt:
(a) in the case of letter posted in Singapore on the 3rd working
day after posting;
(b) in the case of facsimile when confirmed by an activity report
indicating that the correct number of pages was sent to the
correct facsimile number and
(c) in the case of e-mail where such-mail has actually been
received by a person designated by the recipient to receive such a
message and such message is in a format decipherable by the
recipient's message or its information system.
32. The Customer shall indemnify, defend and hold harmless the
Provider from any and all liability, penalties, losses, damages,
costs on a solicitor and client basis, expenses, attorneys' fees
of whatever nature arising out of or in connection with any claim
or action made against the Provider caused by or resulting
directly or indirectly from the use of the services herein without
any limitation or exception or from the conduct of the Customer.
This indemnification and hold harmless agreement extends to all
issues associated with your account, including but not limited to
domain name selection and Web site content.
33. Any disputes arising out of or in connection with this
Agreement shall be submitted to the Hong Kong Mediation Center for
mediation and in that regard the parties agree
(a) to abide by the Hong Kong Mediation Center's Mediation
Procedure and the annexure thereto and that the mediation and the
terms and process of mediation including all fees shall be
governed by the said mediation procedure and the annexure thereto
(b) and to abide by any settlement and to the effect the terms
thereof reached through such mediation.
IP ADDRESS ASSIGNMENT/JUSTIFICATION POLICY
Any doubt against our policy, please
email your questions to Submit a
Ticket to Customer Service.
DO NOT SIGN-UP, IF YOU DO NOT ACCEPT OUR POLICY
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