WHEREAS , USONYX Pte Ltd ("USONYX") of 213A Lavender Street Singapore 338770 is a Internet Content service provider connected to the Internet. USONYX provides at the following website: www.usonyx.net , www.usonyx.com, www.usonyx.com.sg , www.usonyx.net.sg, www,webhosting4u.com.sg or www.servy.net ("USONYX Website") USONYX Singapore Broadband Web Hosting Services over the Internet through access to its Web Server, FTP Server and SMTP & POP Mail Server services. WHEREAS , the Client seeks to utilize USONYX's services for its own purposes; WHEREAS , the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, USONYX can make no guarantee that any given reader shall be able to access USONYX's network(s) at any given time. USONYX represents that it shall make every good faith effort to ensure that its network(s) is available as widely as possible and with as little service interruption as possible; NOW THEREFORE , in consideration of the mutual promises contained herein, the Client by accessing and using the Services, agree to be bound by all of the following Terms and Conditions of use ( "the Agreement" ) and any operating rules, policies, and procedures that may be published from time to time on this Website by USONYX: I. Definitions: In this Agreement, unless the context otherwise provides, the following terms shall have the following meanings: "Client" means a person, or body whether corporate or unincorporated who seeks to purchase/ utilize the Services; "Charges" means the charges for the Services specified in a price quotation or a request for Services; "Confidential Information" means any information disclosed from one party to another pursuant to or in connection to this Agreement including technical information relating to the Service and the Equipment (whether orally or in writing and whether or not such information is expressly stated to be confidential and marked as such) "Equipment" means equipment belonging to USONYX for the provision of the Services which includes web servers, application servers, database servers, routers and switches, and all related telecommunications connectivity ; "Services" means any or all of the following services, being, USONYX Broadband Web Hosting Services, Free Trial Service, Shared Web Hosting, Dedicated Web Hosting, Power Server, Dedicated Server, VPS, Premium VPS and / or Cluster Hosting packages; "Intellectual Property Rights" means any or all of the trademarks, trade names, patent, copyright or other industrial or intellectual property right subsisting in the relevant territory; "Client's Website" means sites created and hosted on USONYX Website; "USONYX Website" means either www.usonyx.net, www,webhosting4u.com.sg, www.usonyx.com, www.usonyx.com.sg, www.usonyx.net.sg, www.servy.net offering hosting and transfer services over the Internet through access to its Web Server, FTP Server and SMTP and POP Mail Server services. 2. Term of Agreement 2.1 This Agreement commences when: (a) USONYX receives a duly completed and executed request for Services from the Client; or (b) when the Client commences using the Services. 2.2 This Agreement comes into effect on commencement and shall continue in force until terminated by either party. The Agreement upon expiry of the Original Term shall be automatically renewed for a further period of 6, 12 or 24 months, as the case may be on the same terms and conditions herein ( save for any revisions or changes made by USONYX and published on-site ), unless or until terminated by either party earlier in accordance with clause 10. A renewal invoice will be sent to the Client one month prior to expiry of the Original Term. 3. Registration 3.1 Provision of the Service and commencement thereof is conditional upon:- (a) the Client's provision of its own equipment , including computer, modem, necessary to establish connection to the Services; (b) provision by the Client of current , complete and accurate information about the Client as prompted to do so by the registration form/ as requested by USONYX ; (c) maintain and update such registration information as required to keep such information current , complete and accurate; (d) acceptance of the terms and conditions herein. 3.2 If any registration data that the Client provides is untrue, inaccurate, not current or incomplete, USONYX reserves the right to terminate the Client's account and the Client's rights to use the Services. 4. Domain Name Registration: If USONYX shall acquire an Internet Domain Name on behalf of the Client, Internic (or a local NIC) will invoice the Client separately for the name. In this respect , please refer to current prevailing charges as set out in the respective Internic or local NIC websites ( as at March 2006, global domains .com .net .org charges are S$12 per year, local domains .com.sg .org.sg charges are S$42 per year). The Client hereby waives any and all claims which it may have against USONYX, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by USONYX for any reason. 5 . Payment 5.1 Subject to terms provided in the USONYX Billing Policy, USONYX shall charge and the Client shall make payment for the provision of the Services in the manner and at the rates prescribed by USONYX in the USONYX Website. 5.2 Payment is accepted in Singapore Dollars. 5.3 The set-up fee and payment are due at the time the application and Agreement are filled out, and returned to USONYX. Subsequent payments are due according to the selected fee schedule following the establishment of the web space or service on the Internet. Web space and services will be billed a minimum of six (6) months in advance depending on the selected fee schedule. Subsequent notice of pre-payments is provided two month before the expiry of the prescribed Service or the paid balance available, whichever is sooner, as per the selected fee schedule. In the event that the Client fails to pay for such services in advance, USONYX shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. A reactivation fee (currently S$50) shall be charged. 5.4 In the case of a corporate client, the individual under whose name the order is made is also responsible for all payments due. 5.5 All payments due to USONYX shall be made in the manner prescribed at the USONYX Website under the Payment Selection web page. In the event that any of the sums due under this Agreement or any part thereof is unpaid for a period of 14 days after it is due, the Client shall pay interest at the rate of 2% per month from the date such sum was due until payment is received in full without prejudice to any other rights of USONYX hereunder. USONYX reserves the right to terminate or delete immediately any of the Virtual Environment(s) created beforehand should payment not be received by due date. 5.6 The Client shall pay any applicable Goods and Services Tax, imposition, duty, levy whatsoever ("the taxes") which may be from time to time imposed or levied by any governmental, statutory or tax authority in Singapore on or calculated by reference to the amount of any sums receivable by USONYX in relation to this Agreement. 5.7 If this Agreement does not terminate in accordance with clause 10 herein, and is renewed in accordance with clause 2.2, the Client will receive an invoice for charges for the new term via electronic mail and Client's credit card is charged automatically by the expiration date of the Original Term or the expiry of any successive terms of this Agreement. Renewal prices are subject to change. It shall be deemed that by renewal of this Agreement for Services, the Client is agreeable to any revision of terms including price changes to this Agreement. 5.8 By providing USONYX with credit card information, Client expressly authorize USONYX to automatically charge this card for any fees due on Client's account, such as: renewal fees, upgrade fees and other billable items. Recurring fees will be charged to the Client's credit card number until this card is removed from Client's file or this Agreement is terminated in accordance with clause 10. To remove credit card information, the Client shall download the "Credit Card Details Removal Form" provided online at: http://www.usonyx.net/docs/CCRF.pdf complete and fax it to: +65 62980801 6. Setup The account will be setup within the next two (2) business days for Credit Card payment upon approval, and five (5) business days for Cheque payment, upon USONYX receiving the set-up fee and payment of the Services except dedicated hosting & servers. 7. Material and Products 7.1 Client will provide USONYX with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of USONYX. USONYX shall make no effort to validate this information for content, correctness or usability. 7.2 Use of USONYX's service requires a certain level of knowledge by Client in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's web space by the Client. The following examples are offered. (a) Web Publishing: a good knowledge and command of HTML, properly locating and linking documents, uploading Web contents, graphics, text, sound, etc., as well as using FTP and a basic understanding of Telnet. (b) Front Page web publishing: a knowledge and command of the Front Page tools as well as basic Telnet and FTP understanding. (c) CGI Scripts: a knowledge and command of the UNIX shell environment, tar and gzip commands, Perl, shell scripts, permissions (chmod), ownership (chown), etc. (d) Auto-responders: a knowledge and command of Majordomo auto-responder features, forwarding mail, use of mail clients to receive mail, etc. (e) Dedicated Server: a knowledge and command of Linux Internet system administration to the extent required by Client's specific use of the server. 7.3 The Client agrees that he or she has the necessary knowledge to create and maintain their web site. If the Client changes the configuration on the server in such a way that it no longer works, USONYX will fix it for the Client at the prevailing rates (currently $70/ hour) charged on the basis of the minimum of 1 hour. 8. Operation of USONYX Website 8.1 USONYX will exercise no control whatsoever over the content or format of the information passing through its network or residing on its or its Clients' servers. USONYX will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. In the event that material provided by the Client is not "server-ready", USONYX may, at its option and at any time, reject and delete this material, including but not limited to after it has been put on USONYX's server(s). 8.2 USONYX agrees to notify the Client of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of USONYX. If the Client fails to modify the material, as directed by USONYX, within a reasonable period of time, which shall be solely determined by USONYX, the Agreement shall be deemed to be terminated. 8.3 Use of any information obtained by way of USONYX is at the Client's own risk, and USONYX specifically denies any responsibility for the accuracy or quality of information obtained through its services or its representatives. 8.4 Connection speed represents the maximum speed of a connection and do not represent guarantees of available end-to-end bandwidth. 8.5 The Client agrees that USONYX shall be entitled (but shall not be obliged) at any time, at USONYX's discretion and without prior notice, to temporarily suspend the operations of the Client's Virtual Environment or part thereof for updating, maintenance and upgrading purposes, or any other purpose whatsoever that USONYX deems fit. USONYX specifically denies any responsibilities for any loss, liability or damages arising as a consequence of such unavailability. 8.6 USONYX maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. 8.7 USONYX shall not be liable for non-performance or late performance of any obligation hereunder, to the extent and for such a period of time as such non-performance or late performance is due to reasons beyond its reasonable control, including but not limited to, act of God, civil or ethnic unrest, shortage or unavailability of labour, revolution or insurrection, war (whether declared or not), terrorist activity, religious events, bombings, blockages, embargoes, general labour strikes, power failures, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority or any governmental regulations imposed after the fact, import or export regulations or embargoes, acts or defaults of any telecommunications network operator, circumstances where communications lines (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers, fire, explosions, floods, earthquakes or any other natural disaster, chemical contamination, unavailability of equipment or components not caused by USONYX's act or default. 9. Internet Etiquette 9.1 Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of USONYX may not be used to impersonate another person or misrepresent authorization to act on behalf of others or USONYX. All messages transmitted via USONYX should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. 9.2 Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. USONYX reserves the right to deactivate the Client's Virtual Server account(s) upon an indication of such activity. 10. Termination 10.1 This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. 10.2 Notwithstanding the above, USONYX may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement or upon an indication of credit problems including delinquent payments. 10.3 Termination shall be accompanied by a written or electronic notice to the other party. USONYX shall not be liable to Client or any third party for termination of access to the USONYX Website/ Services. 10.4 Upon termination of this Agreement, the Client's use of the Services immediately ceases and the Client acknowledges and agrees that USONYX may immediately delete files in the Client's [account], bar further access to such files / Services. 10.5 The Client agrees that upon termination of this Agreement, the Client will pay any and all outstanding fees, charges and payments due to USONYX in full within 30 days after termination. 11. Limitation of Liability 11.1 As a condition of the Client's use of the Services, the Client agrees as follows: (a) The Client expressly agrees that use of USONYX's Equipment is at the Client's sole risk. The Client acknowledges and agrees that any material or data downloaded or otherwise obtained through the use of the Services and/or Equipment is done at the Client's own discretion and risk and that the Client will be solely responsible for any damage to the Client's own computer system or loss of data that results from the download or use of such material or data. (b) USONYX disclaims, in respect of the Services and/ or Equipment and use thereof, all warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance. (c) USONYX, makes no warranty that the Services and /or Equipment will not be interrupted or error free; nor does USONYX make any warranty as to the results that may be obtained from the use of the Services and/or Equipment or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Services and/or Equipment. (d) Under no circumstances whatsoever, (including negligence), shall USONYX, its offices, agents or any one else involved in creating, producing or distributing USONYX 's Server service be liable for any loss or direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the USONYX Services and /or Equipment; or that results from mistakes, omissions, interruptions, deletion or loss of files, errors, defects, delays in operation, or transmission or any failure of performance, including without limitation, acts of God, communication failure, theft, destruction or unauthorized access to USONYX 's records, programs or services. (e) USONYX shall not be liable for any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of USONYX. (f) Notwithstanding any other provision of this Agreement, the Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement. . In the event of system unavailability due to default of USONYX, USONYX expressly limits its damages to the Client for any such non-accessibility time or other down time to the prorated monthly charge during the said system unavailability provided always that USONYX, is notified and given details within 48 hours of such incidence. 12. No unlawful or prohibited use 12.1 As a condition of the Client's use of the Services, the Client agrees that it will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Client shall not use the Services in any manner which could damage, disable, overburden, or impair any of the Service(s) (or the network(s) connected to any of the Service(s)) or interfere with any other party's use and enjoyment of any of the Service(s). The Client shall not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any Service, through hacking, password mining or any other means. The Client shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. 12.2 The Client acknowledges and is aware that transmission of any material in violation of any regulation of the Republic of Singapore is prohibited. This includes, but is not limited to copyright material, material that is considered threatening, obscene, pornographic, profane, and of trade secrets nature. This also includes links or any connection leading to such materials. 12.3 Internet Relay Chat: USONYX Broadband Hosting Services currently prohibits its customers from operating IRC or IRC Bots on any of our web site hosting servers. On-line Conference Centers can be installed and used only as part of a dedicated servers available for purchase. 12.4 Spamming Not Permitted: You must not use any USONYX Services and equipment or any email address hosted by USONYX servers in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the USONYX Services and equipment or any email address hosted by USONYX. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision. When any customer is found to have been engaged in spamming in violation of this agreement, USONYX reserves the right to disable that customer's web site without warning. In addition, USONYX may impose a S$200 penalty for each spam policy violation. USONYX solely reserves the right to refuse or cancel service to spammers. USONYX reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. For additional information for Singapore control resoure centre please visit http://www.spamcontrol.org.sg. 12.5 Game Servers: USONYX Broadband Hosting Services currently prohibits its customers from operating Game Servers on any of our web site hosting servers. Game Servers can be installed and used only as part of a dedicated servers available for purchase. 12.6 BitTorrent: We DO NOT allow any type of BitTorrent / Edonkey / Emule related materials. This includes stats counters, software/files linked to through a BitTorrent/Emule/Edonkey Client, or any other future technology related to such things. BitTorrent/Emule/Edonkey software consume far too many system resources, and could only be installed on a powerful dedicated server with our permission. 12.7 Warez Sites: Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. USONYX has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software. 12.8 Other Unacceptable Content: Illegal Material or material that is against public policy, material that may be detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, etc., or anything else that may be considered detrimental or illegal.) USONYX will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to terminate an account at any time for any reason without refund. 12.9 Network Abuse: Shared and VPS hosting accounts, operate on shared network resources. This means that there are several hosting accounts per server. Excessive use or "abuse" of these network resources by one customer have a negative impact on all other customers. In all fairness, you are not allowed to deliberately consume network resources in an excessive manner, this includes but is not limited to: CPU time, memory, disk space and each mailbox is limited to 200Mb maximum for shared hosting.. You are also not allowed to use resource-intensive programs that can negatively impact other customers or the performance of our systems including sending large volume of mails (example 200 mails or more at one time within 1 hour) which has congested the entire shared mail server and affecting the rest of the subscribers sharing the service or server. High network traffic and throughput is not a problem for USONYX, but extreme network traffic or uploading and downloading can sometimes create problems. USONYX's servers are configured to shut off any account when its bandwidth allowance is exceeded. You are allowed to exceed your maximum bandwidth allowance without being shut off as long as you purchase additional traffic in advance at S$5.00 for each additional GB of throughput. 12.10 Banned Software: USONYX Broadband Hosting Services currently prohibits its customers from operating the following programs and scripts on our servers: - Any type of IRC software including IRC Egg Drops
- Any type of P2P networking software including: BitTorrent / Edonkey / Emule
- Any type of Proxy Servers
- Soap Mailers
- Anonymous Mailers
- Mail Bombers
- IP Spoofers
- Yabb, Iconboard (all versions)
- The Anonymizer
These programs and scripts are on the banned list because they either pose a serious security risk or generate a great load on hosting servers. 12.11 Responsibility of The Client for content You may produce, electronically upload and maintain certain types of files on your web site. You hereby warrant that all files uploaded shall be owned or properly licensed by you and shall not adversely impact the services or violate any rights of any third parties. You are responsible for all activity originating from your web site, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your web site that may be put on by a third party. You agree to not use the Service to: (a) upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; (l) establish a web site geared towards marketing any of the following: enlargement related surgery, viagra (or any similar products), and online gambling; (m) establish a web site as a site which is referred to in a mass-marketing campaign whether by email or otherwise. 12.12 Responsiblity to keep Passwords private The Clients receive a password to login to their account. The Client is entirely responsible for maintaining the confidentiality of their password and account username. In addition, the Clients are entirely responsible for any and all activities which occur under their account. The Clients may change their password at any time by using Control Panel provided 12.13 Fair Traffic Use Policy For web hosting services with un-metered monthly traffic usage benefits, your usage should not be: (a) Excessive: downloading or uploading more than the table stipulated below each month inclusive of incoming and outgoing web, email and other data traffic; or (b) Unreasonable: use which may adversely affect our network, or other customers’ use of our network and/or services; or (c) Fraudulent | VPS Value/ Plus | Not exceeding 50Gb Monthly | | VPS Business/ Plus | Not exceeding 100Gb Monthly | | VPS Advance/ Plus | Not exceeding 150Gb Monthly | | VPS Enterprise/ Plus | Not exceeding 200Gb Monthly | 13. Indemnification 13.1 Client agrees that it shall defend, indemnify, save and hold USONYX, its subsidiaries, affiliates, directors, officers, managers, agents, employees harmless from and against any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees on an indemnity basis, ("Liabilities") asserted or made by any third party, due to or arising or resulting from the Client's use of the Services and/or Equipment or breach of any of the terms herein or any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns using the Services. Client agrees to defend, indemnify and hold harmless USONYX against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Services and/or Equipment ; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Services. 13.2 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. USONYX is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. 14. Reselling 14.1 Subject to terms provided in the USONYX Reseller Agreement, the Client is allowed to resell the storage and transfer services provided by USONYX. The Client agrees to handle and is responsible for all third-party customer's content, support, set-up and maintenance. 14.2 The Client's email accounts and POP accounts are strictly for its use ( which includes its employees/ staff ).The Client is not allowed to resell or provide for free, these accounts to any third parties If the server is resold, this restriction applies on the owner of the server as well. 14.3 The Client acknowledges and agrees that USONYX Pte Ltd and its stuff shall not be responsible or liable, directly or indirectly, in respect of the Client's use of USONYX's Reselling service. The Client further acknowledges and agrees that it is solely responsible or liable for any damage, loss caused or alleged to be caused by or in connection with use or reliance on the aforesaid services offered by the Client pursuant to the Reselling service. The Client shall be responsible to the third party in respect of all queries relating to the services offered. Thus, if the Reseller anticipates offering a particular feature, the Reseller must have a thorough knowledge of the feature. 14.4 The Reseller agrees and warrants that he or she has the necessary knowledge to create and maintain the third party's anticipated Webspace. Reseller agrees that it is not the responsibility of USONYX to provide this knowledge or client Support outside of the defined service of USONYX. 15. Hosting fees, Downgrading and Refund Policy 15.1 All hosting fees (prices) are subjected to change and will be updated on USONYX web pages. 15.2 All hosting fees paid to USONYX generally are not refundable, however in certain circumstances will be considered at the discretion of the Company Management. 15.3 Downgrading of plan is not allowed during the subscription period. 16. Modification of Terms and Conditions 16.1 USONYX reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the charges associated with the use of the Services. Changes in the service fees will take effect at the end of the Clients' prepaid term; the continuation use of the Services beyond the date of such change shall constitute acceptance by the Client of the Agreement. 17. Intellectual Property Rights 17.1 The Client acknowledges that the data, information and/or content, including but not limited to text, software (including any HTML, WML, java, java script, java or CGI script or any other computer code), music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material, used in connection with, incorporated or contained in or presented to the Client through the USONYX Website (all the aforementioned data, information, content and/or materials to be collectively referred to as "Content") are the exclusive property of USONYX and/or its third party licensors and are protected by intellectual property laws, including but not limited to, copyright and trademark laws. 17.2 The Client warrants that it has the right to use the materials (including any images and applicable trademarks) displayed in/ on the USONYX Website and agrees to grant USONYX a non-exclusive, world-wide royalty-free, irrevocable license and right to use (which will include the right to copy, reproduce and/or publish) the aforesaid materials (including any images and applicable trademarks) displayed in /on the USONYX Website or any part thereof as well as to exercise all copyright and rights of publicity over such materials, including the use of such materials or part thereof in any advertising material. 17.3 No part of parts of the Content hereof may be reproduced, distributed, republished, commercially exploited, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of USONYX provided that permission is granted to download and/or print the materials from the USONYX Website for personal, non-commercial use only and further provided the Client does not modify the materials and retains all copyright and other proprietary notices contained in the materials. The Client may not, without USONYX's permission, create derivative works from the Content or insert a hyperlink to the USONYX Website or "mirror" any material contained on the USONYX Website on any other server. Further, the name of USONYX or any other trade mark, name of logo belonging to or used by USONYX (collectively, "Trade Marks") may not be used in any way, including in advertising or publicity pertaining to distribution of materials, without prior written permission. USONYX prohibits use of any or all of the Trade Marks as a "hot" link to any other site unless establishment of such a link is approved in advance by USONYX in writing. 18. Notices 18.1 All notices to a party shall be in writing and shall be made via e-mail to Sales.USONYX.com.sg for notices to USONYX or to the e-mail address that the Client provides to USONYX as part of the registration data for notices to the Client, or such other address as either party may specify from time to time. 18.2 Notice shall be deemed given 48 hours after the e-mail is sent to the last email address provided by the Client. 18.3 As an alternative, notices may be sent by registered mail to USONYX at the address provided by the Client, if any or to the mailing address that the Client had provided during the registration stage. 18.4 USONYX may also broadcast notices or messages on the USONYX Website on other matters of importance and in such event, such broadcast shall constitute as valid notice to the Client. 19. General provisions 19.1 In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any remaining provisions. 19.2 USONYX and the Client agree to allow a court or arbitrator to replace such invalid, unenforceable or void provision with a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable or void provision. 19.3 USONYX 's failure to act with respect to a breach by the Client does not waive its right to act with respect to subsequent or similar breaches. 19.4 This Agreement shall exclusively be governed by and construed in accordance with the laws of the Republic of Singapore . The Client hereby consents to submit to the exclusive jurisdiction of the Singapore courts. 19.5 This Agreement and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. 19.6 Nothing in this Agreement shall be deemed to constitute either party as the agent or representative of the other party, or both parties as partners for any purpose. 20. Linked Third Party Sites Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by USONYX of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by USONYX., and USONYX. is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. 21. Acknowledgement The Client acknowledges as follows: (a) the Client has read understood and accepts the terms of this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement. Feedback You can provide your feedback on our services, web site and other matters at: http://www.webhosting4u.com.sg/index.php?option=com_forme&fid=1&Itemid=63 You can contact us during business hours at Tel: +65 6223 1838 Send Email to:
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Alternatively, should you feel dissatisfied with any of our services and not satisfied with the resolution of your complaint, you may refer complaints to the BusinessTrust Secretariat: BusinessTrust Secretariat Mr. Ramesh Vakkiprath 35, Selegie Road , #09-25, Parklane, Singapore 188307 Email:
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http://www.commercetrust.com.sg
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