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中國+86 18163402160 |
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| Terms and Conditions of the Agreement for all the Clientsof Network TongLee Technologies Limited |
In order to be a client (“Client”) of Net work TongLee Technologies Limited ("Network TongLee") you are required to read the terms of this Agreement carefully and you must accept all the terms and/or conditions as set out in this Agreement. Our Acceptable Use Policy as set out in the Schedule A is the policy of us does form part of this Agreement and you are also required to read and to agree to and comply with. In the course of our service to the Client, e.g. assisting the Client to register domains with the domain registrars; we have to rent the services of certain data centers and we are required to comply with the terms and conditions as set out therein the agreements (see Schedule B) entered between us and those domain registrars or data centers. As our Client, you are also required to read and to agree to and comply with those agreements. The (i) Terms of Service and Conditions, (ii) the Acceptable Use Policy and (iii) other agreements entered between Network TongLee Technologies Limited with data centers or domain registrars constitute an agreement between you and Network TongLee and you agree to follow and comply with. In this agreement, "we," "us," and "our" refer to Network TongLee and/or its delegates; "you" and "your" refer to you and to anyone who you allow to use your account. You also agree that: |
| Discretion of Network TongLee to Suspend/Cancel Client's Services |
| (1)Network TongLee reserves its rights at its sole discretion to suspend or cancel a Client's access to any or all services provided by Network TongLee when Network TongLee decides at its absolute discretion that the account has been inappropriately used. Network TongLee shall have the absolute right and discretion to terminate the Agreement with Client and to suspend service to any Client with or without any prior notice and the Client shall receive no compensation or payment for the losses or damages it suffered or may suffered provided that Network TongLee made the refund of unused period of the service fees paid within 14 days from the date of such suspension. Network TongLee reserves its rights not to renew the Agreement with any Client notwithstanding that Client. If any Client is unsure whether any contemplated use or action is permitted or would constitute as a breach of the terms of this Agreement, Client is required to send e-mail to [email protected], by mail to us at out registered address or by phone with Network TongLee representative at 3528-0338 for clarifications. |
| Used for Lawful Purposes Only |
| (2)Transmission, distribution, or storage of any information, data or materials in violation of Hong Kong regulations and law (either civil or criminal), or common law, is strictly prohibited. This includes, but not limited to, material protected by copyright, trademark, trade secret, or any other similar nature. You agree Network TongLee has its rights to remove such illegal material from its server immediately without prior notice or warning. Network TongLee expressly forbids anyone from using Network TongLee servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic materials, or any other materials which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of the Network TongLee management. |
| Unlawful and/or Unethical Use |
(3)Network TongLee does NOT allow any sites that provide points of distribution, participate in the act of or provide links to the following types of sites either by the Client or their users:
(i) Adult Sites- Any erotic or pornographic materials, links to adults sites, or advertisements for adult sites.
(ii) Pirated Software (Warez) - Any software that is protected by copyright and not freely available for distribution without cost, including but not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) are not allowed to store in Network TongLee servers.
(iii) Copyright Violation - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the Internet Service Provider (“ISP”) in litigation and possible loss of reputation.
(iv) Hacking / Phreaking - Includes sites with materials, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes or participates in the destruction or compromises the integrity of Network TongLee.
(v) Defamation - Defamatory speeches or remarks distributed over the Internet which would result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
(vi) Distribution and/or Transmission of Obscene or Indecent Speech or Materials - Violation of indecency and obscenity laws which would result in criminal prosecution. |
| Security |
| (4) Attack or disruption of Network TongLee’s server system or network security are prohibited, and may result in criminal and civil liability, including but not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. |
| Server Resources |
| (5) Any web site that consumes a high amount of server resources (including but not limited to CPU time, memory usage, and network resources) Network TongLee shall have discretion either demanding the Client to pay extra (which depends on the resource needed) or reducing the resource used to a level acceptable by Network TongLee. Network TongLee shall have the absolute discretion in deciding what is considered to be a high usage level. |
| CGI/PHP/ASP Scripts |
| (6) CGI/PHP/ASP scripts sharing with domains not hosted by us are not allowed. Any script deemed to be adversely affecting the server performance or the network integrity shall be shut down without prior notice. |
| Chat Rooms/Forums |
| (7) You are not allowed to install any forms of chat rooms or forums. Chat rooms tend to be large system hogs and Network TongLee shall have the right not to permit them in the interests of system performance and resource levels. |
| IRC |
| (8) IRC or IRC bots is not allowed to be operated on our servers. |
| Popular Sites |
| (9) Popular websites (including but not limited to download sites, portal sites, stars' fans club sites etc.) which consume a lot of server and network resource are not allowed to be hosted on our servers. Network TongLee shall have the absolute discretion in deciding what is considered to be a high usage level. |
| E-Mail Acceptable Use |
| (10) Network TongLee strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. Network TongLee does not allow unsolicited mail, includes "Spamming" and "Bulk Mail" sent to persons who have not requested or does not agree to receive such mail. Network TongLee strictly prohibits Client to improperly use the e-mail server as file storage server (including but not limit to storing the mails in the server for certain period of time) Client shall download the e-mails via POP3 to their mail agent inbox in local computer and delete such mails from the remote mails server of Network TongLee monthly. |
| Definition of Spamming |
| (11) Network TongLee classifies spamming as sending Unsolicited Broadcast Email (UBE) or Unsolicited Commercial Email (UCE), which is sent to individuals who did not specifically request such material, including but not limited to mailing of advertising, informational announcements, surveys, website addresses and e-mail addresses. Spamming activities are strictly prohibited for Clients subscribing Network TongLee’s services. |
| Coverage of Spamming |
| (12) Prohibited activities of spamming also include the following:- Sending UBE or UCE from another provider advertising or implicating, directly or indirectly, the use of any Services hosted or provided by Network TongLee is prohibited. The 'Services' includes, but not limit to: Web, E-mail, FTP, and DNS services.
- Maintaining an open mail relay, this is used for the distribution of UBE or UCE or is designated as mail relaying. |
| UBE or UCE |
(13) |
Any e-mail which meets any of the following criteria is classified as UBE or UCE:
- False Identity of "Sender" Domain
Any e-mail that is sent in bulk from a domain or IP number/address which is registered in the global who is using false or forged contact information intended to elude detection (Registering Domains under a false identity).
- False Identity of "Advertiser" Domain
Any e-mail that is sent in bulk advertising a product or service linking to a domain or IP number which is registered in the global who is using false or forged contact information intended elude detection.
- False Identity of "From" E-mail Header
Any e-mail that is sent in bulk using a false or forged "FROM" field, intended to intentionally mask the sender's real e-mail address or the identity of the real sender to evade detection.
- Forged "Routing" E-mail Header
Any e-mail that is sent in bulk which incorporates any false or forged information in the e-mail HEADER with the intent to evade detection.
- Fraudulent "Subject" E-mail Header
Any e-mail that is sent in bulk using a fraudulent or intentionally misleading SUBJECT line specifically intending to deceive, and cause the recipient to open the e-mail.
- False Identity of "Reply" Information
Any e-mail that is sent in bulk containing false or forged contact addresses or phone numbers within the body of the message, with the specific intent to elude detection.
- E-mail Encoding to Elude Human Readability
Any e-mail that is sent in bulk which contains links, and/or identification code which is intentionally encoded or shrouded to avoid human or machine readability
- Covert Attempts to Extract Private Data
Any e-mail containing any code or any computer language within the body of the message with the specific intent of covertly returning data to the sender, about the recipient, without that recipient's prior knowledge and permission. (Not limited to "Bulk" e-mail)
- Intent to Compromise E-mail Servers
Any e-mail that is sent in bulk containing any code or any computer language with the specific intent of compromising mail server security, or identifying compromised servers. ("Computer Trespass" not limited to "Bulk" e-mail)
- Attempt to Load Data from a Remote Server
Any e-mail that is sent in bulk containing any code or tag intended to display visual or audio material within the body of the e-mail, which must be sent (or downloaded) to the recipient from a remote server without the recipient's prior knowledge and permission.
- Attachment of Executable Files
Any e-mail that is sent in bulk which includes attached files, requiring download from a remote server, intended to display an image, initiate a video, or sound, or otherwise execute a software program on the recipient's computer without the recipient's prior knowledge and permission.
- Covert Attachments
Any e-mail, sent in bulk, including attached files which covertly download to the recipient's computer, intended to reside and function there without the recipient's knowledge or detection. ("Computer Trespass" Not limited to "Bulk" e-mail).
- Materials of Obscenity
Any e-mail which traffics in, distributes or offers to distribute materials, or contains words, pictures or other matter of obscenity.
- Materials of Pornography
Any e-mail which contains pictures of or words illustrating, describing or insinuating sexual situations involving minors or animals.
- Materials of Violence
Any e-mail which incites, describes, or depicts any act of rape, murder or other violent crime against any person or group of persons.
- Intent to Market UBE
Any e-mail, sent in bulk, advertising any product or service for the sole purpose of:
- selling an e-mail address list to be used to send UBE,
- sending bulk UBE for hire,
- collecting e-mail addresses to be used to send UBE,
- selling a list of open relay servers used to send UBE,
- selling a list of compromised e-mail servers,
- selling hardware or software which counterfeits, masks or otherwise tampers with e-mail headers for the purpose of eluding detection.
- Intent to Defraud
Any e-mail that openly offers a product or service which would qualify as a misdemeanor or felony within the recipient's legal district, including but not limited to:
- offering false or forged drivers licenses,
- offering false or forged college or university diplomas,
- offering methods, training or instruction to elude taxes,
- offering false or insider trading tips on stocks or bonds,
- offering payment for sheltering foreign currency of any kind,
- offering financial gain or wealth through multi-level, pyramid or chain-letter schemes,
- offering commercial software that has been pirated, stolen, or repackaged,
- offering any device, software, technique, training or instruction to enhance, break, evade or circumvent or otherwise burglarize any regulatory encryption on any broadcast signal including cell phones, cable TV, internet access or satellite signal,
- offering any compound or pharmaceutical substance, remedy or elixir which is not approved by the proper regulatory administrations,
- offering any product or substance which is illegal or subject to local taxation for the purpose of evading regulation and/or taxation. (tobacco, fire arms, certain drug paraphernalia and/or OTC drugs),
- Any e-mail sent in bulk offering any product, device, treatment or substance claiming to enhance or increase any human body part, function or activity which is not approved by the proper regulatory administration,
- Any e-mail sent in bulk for the sole purpose of deceiving or defrauding the recipient for the personal benefit of the sender. |
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| Web Hosting Account Cancellation Procedures |
| (14) - During First 30 Days For virtual hosting accounts on yearly payment plans, Network TongLee will accept cancellation of these accounts at anytime within the first 30 days, beginning on the date the account set-up e-mail is sent. Qualifying accounts should follow the procedures outlined in “(15) Procedures” section.
- All other Cancellations Network TongLee accepts an account cancellation for any virtual hosting account provided it is submitted at least thirty (30) days before the beginning of the next billing term. Accounts cancelled with less than thirty (30) days advance notice shall recur for an additional term before being cancelled. |
| Procedures |
| (15) - Postal Mail/Facsimile Network TongLee accepts account cancellations in writing which are submitted via facsimile or received via postal mail.Please download the Account Termination Form here and fill with all required infomation and then fax or post back to us.
If any of the above information is absent, the cancellation shall not be accepted.
- No Other Methods Accepted
No other means of cancellation shall be accepted by Network TongLee. Under no circumstances, Network TongLee accepts an account cancellation over the telephone. |
| Result of Cancellation |
(16) - End of Term Requests Upon received the valid requests for termination from the Client, the account is to be cancelled at the end of the term; the Client shall retain full rights to the account until the current billing term is concluded. On the first day following the expired term, the account shall be terminated. It is the responsibility of the Client to ensure that all data and e-mail is downloaded prior to such termination. Once the account is cancelled, it cannot be reopened without renewing for an additional term.
- Immediate Requests Clients who choose to have their account cancelled immediately shall lose access to all data and e-mail as soon as the virtual authorization is received or on the day the facsimile or postal mail cancellation request is received. It is essential that the Client has downloaded all e-mail and data prior to such request. Once the request is processed, the account can only be reopened by renewing the account for an additional term. |
| 30 Days Money Back Guarantee |
(17) |
The 30 days money back applies to all Network TongLee web hosting plans. Following services do not qualify for 30 day money back guarantee: additional items and services; items and services ordered through the reseller program; domain parking. Value added service is non-refundable.
If the Client is not completely satisfied with our services within the first 30 days of your initial activation date, you shall be given a full refund of the contract amount excluding setup fees and overages. (HK$300 shall be charge for administrative and setup fee for all Client apply for the “30 Days Money Back Guarantee” policy.
The 30 Days Money Back Guarantee shall only apply to the following terms & conditions:
(a) Network TongLee network uptime is available for less than 90% of the time in a given month, excluding scheduled maintenance. Network TongLee uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on the server. Network TongLee downtime exists when a particular Client is unable to transmit and receive data and Network TongLee records such failure in the Network TongLee Fault Report System. Network TongLee downtime is measured from the time the trouble ticket (e-mail fault report, telephone fault report) is opened by a Client to the time the server is once again able to transmit and receive data.
(b) Network TongLee server system is not able to provide services listed on the web hosting service plan upon receipt on the service payment. For example, Network TongLee servers will be able to support PHP4 (standard built modules), ASP, CGIs (in Perl), POP3, IMAP4 and some other valued-added services (such as MySQL). The plan features are listed on URL - http://www.netfinity.com.hk/web_host.htm. |
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| Conditions of Refund |
| (18) Reasons or causes other than above two conditions shall NOT satisfy the “30 Days Money Back Guarantee”. In such cases, Client shall NOT have the right to be granted for any refunds or money back. |
| Restrictions on Refund |
| (19) Full refunds are only available within the 30 day money back period (excluding setup fees- see above); Quarterly and Annual prepayments (or higher payment cycles) are given prorated refunds, to the next closest full month. |
| No Sub-contract |
| (20) The services provided by Network TongLee are solely for the hosted domain or dedicated users only. Client agrees, whether with or without monetary consideration, not to share assign sub-contract in any form or manner the services or resources provided by Network TongLee, including but not limited to public the ftp or email services for the use of any person other than that Client, with others third party no matter that third party is one of the clients of Network TongLee. |
| Restrictive Conditions on Unlimited Account |
| (21) Network TongLee is to provide the Client with an unlimited amount of both bandwidths, web and e-mail storage for active web pages & active emails. Network TongLee is able to provide such services based upon a large storage and bandwidth ratio. On rare occasions, a site's popularity and usage may impair the performance of other sites on Network TongLee's servers. Under this condition, Network TongLee shall have the right to suspend the website and to negotiate with the Client for further arrangement. |
| Properly use of server storage |
| (22) To ensure proper use, all files MUST be hyperlinked to files (.html, .jpg, .gif, etc.) stored on Network TongLee server and vice versa. Client shall agree that the web storage is for the web pages and website related files only which are supposed can be publicly accessed. Network TongLee shall NOT allow Client to store video files, audio files, compressed files (such as, but not limited to, wmv, rm, Zip, MP3, ISO etc.) and softwares (such as, but not limited to, application softwares, games etc.). Network TongLee shall NOT allow Client to use the web storage as file storage server (such as, but not limited to, for file backup purpose etc.). Files which size exceeds 100MB are not allowed to store at the server. Client must erase all illegal files from the server, Network TongLee shall not permit its servers to store any non copyrighted stuff. All chat related scripts (chat forum etc) are also not allowed and are treated as abuse of unlimited bandwidth. Any gallery related systems (such as, but not limited to, photo gallery system) shall also not allowed and are considered as abuse of unlimited bandwidth and unlimited storage usage. Any scripts (cgi / php etc) that consume large amounts of CPU usage or memory are also not allowed. Network TongLee shall have the absolute right to remove any script that abuses system resources. For E-Mail Acceptable Use, please refer to Point 10 of this agreement. Network TongLee shall have the absolute discretion in deciding what is considered to be a breach of above terms. |
| Acceptance of this Agreement |
| (23) Client has to accept the Acceptable Use Policy when accepting this Agreement which shows up at Schedule A. |
| Responsibility of Client for its users |
| (24) Client is responsible for the activities of its users or end-users and, by accepting service from Network TongLee, is agreeing to ensure that its Clients or end-users abide by this Agreement. Clients who provide services to their own users or end-users should affirmatively and contractually to impose the obligations as set out in this Agreement to be binding on its users and any ultimate users, and take steps to ensure compliance by their users with this Agreement. |
| Exemption of Liability of Network TongLee |
| (25) Network TongLee shall not be responsible for any damages of your business may suffer. Network TongLee makes no warranties of any kind, expressed or implied for services we provide. Network TongLee disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, hardware failure and any service interruptions caused by Network TongLee and its employees. It is the sole responsible of Client to backup its data on daily basis and Network TongLee shall not be responsible for the losses and damages arising from the loss of data of the Client. |
| Indemnity |
| (26) You agree to indemnify and hold Network TongLee, and their subsidiaries, affiliates, delegates, officers, agents, co-branders or other partners, licensees and employees, harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your contributions, your use of Network TongLee , your connection to Network TongLee, your violation of the terms and/or conditions of this Agreement, or your violation of any rights of another, whether you are a registered user or not. |
| Schedules |
| (27) This Agreement together with Schedule A and Schedule B is subject to be changed with notice by publication on Network TongLee’s Web site. Client shall be responsible for monitoring the web site of Network TongLee for changes from time to time. Network TongLee reserves its rights to make changes to any terms of this Agreement and the Acceptable Use Policy and the revised or new Agreement and the Acceptable Use Policy shall be effective immediately after the posting by Network TongLee at its web site without prior notice to the Client. The Client shall visit the web site of Network TongLee to view the latest version of this Agreement and Acceptable Use Policy from time to time. Network TongLee further reserves all its rights on final explanation of the meanings of the content in this Agreement. Changes in monthly service fees shall be effective only after the end of any calendar quarter for which Client has already prepaid. The use of the service by the Client following the effective date of such change of monthly service fees shall be constituted as proof of acceptance by Client of such change(s). |
| Entirety of Agreement |
| (28) Unless otherwise agreed in writing and signed by both parties, this Agreement constitutes the entire agreement between the parties. This Agreement is governed by the laws of Hong Kong Special Administrative Region and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region. |
| Severalty of Agreement |
| (29) Any provisions of the terms of this Agreement prohibited by or are unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. |
| Compliance of Laws by Client |
(30) The Client shall be entirely responsible for all use of the Services and agrees to indemnify Network TongLee against all and any liability arising, directly or indirectly, and in any jurisdiction, out of the use of the Services. The Client agrees to abide by all applicable laws (whether of Hong Kong or of any relevant jurisdiction) relating to the use of the Services, in particular, but without limitation, the Client shall not access or publish any matter which violates any laws (whether of Hong Kong or of any relevant jurisdiction) and warrants that its use of the Services does and shall not, directly or indirectly, infringe any third party's intellectual property rights in any jurisdiction.
(31) The Client expressly agrees that use of the Services is at the Client's sole risk and that the entire risk as to the quality and performance of the Services is with the Client. Neither Network TongLee nor any or its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty as to the results to be obtained from use of the Services. In no event will Network TongLee or its directors, employees or agents be liable to the Client for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Services, including but not limited to damages resulting from loss of data or loss of profits but not including death or personal injury due to the negligence of Network TongLee, its directors, employees or agents. |
| Non-Waiver |
| (32) Failure or delay by Network TongLee to enforce any of its rights under this Agreement or the giving of additional time for performance or other indulgence is not a waiver of such right unless Network TongLee acknowledges the waiver in writing, nor will any single or partial exercise of any right or remedy preclude any further exercise of the same or the exercise of any other right. No waiver of any particular breach of the provisions of this Agreement will operate as a waiver of any repetition of such breach. |
| Headings |
| (33) The headings are intended for guidance only and do not form a part of this Agreement nor shall any of the provisions of this Agreement be construed or interpreted by reference thereto or in any way affected or limited thereby. |
| Schedule A |
| 1. |
You are required to read this Acceptable Use Policy thoroughly as this Policy protects the best interest of the Clients of Network TongLee Technologies Limited ("Network TongLee") as a whole. This Policy supplement the Agreement and you are required to agree with the terms and conditions as set out in the Agreement. This Policy and the Agreement are to set out the stance of Network TongLee to act as a neutral provider of access to the global Internet. Network TongLee reserves the rights to revise its policies at any time without prior notification. |
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| 2. |
By accepting of the Agreement, you agree to conduct yourself in a manner that is respectful of all the users of Network TongLee. |
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| 3. |
Network TongLee strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. Network TongLee does not allow unsolicited mail, includes "Spamming" and "Bulk Mail" sent to persons who have not requested or does not agree to receive such mail. The reason is that it generally frowned upon by the internet community and also demands extra bandwidth to handle the effects of such mail. |
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| 4. |
If any violation of this Policy occurs, Network TongLee reserves its rights to take action to control the offending clients from violating this Policy. Continuing to violate this Policy after being warned to stop is considered harassment and will result in service suspension or termination as Network TongLee deems appropriate, without further notice. |
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| 5. |
As part of the Internet community, Internet citizens or users should act and behave in a way that is acceptable to the whole Internet community. Abusive use of network resources is strictly prohibited. |
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| Primary communication channel |
| 6.Email communication is the primary communications between Network TongLee and clients. For example but not limited to all payment invoices, payment receipt and other technical support letter and daily communications will be sent by email. Client shall take the responsibility to update Network TongLee’s record at once if their contact email address is changed. |
| Definition of Un-limitation and Shared Space |
| 7. Network TongLee's concept behind Unlimited is to provide unlimited usage based on our current server storage and network capacity. Network TongLee's definition on “Unlimited” is that client can enjoy usage of the server and network infrastructure on a shared & no quota based in which the term "Shared" & "Unlimited" is counting based on our server physical facilities storage, but does NOT mean that Client can put infinitive large amount of files or consume infinitive large amount of Internet resource. "Shared" and “Unlimited” are achieved in a step by step manner, Network TongLee will continuously increase the server's storage space if all clients adapt to the usage policy. Network TongLee's policy is to ensure the satisfaction and quality service of all of our clients, Network TongLee will keep monitoring the network and server capacity utilization, and keep at least 25% resources will be still available open for public usage. |
| SPAM e-mail complain Handling Procedure |
| 8. |
In order to assist us in responding to complaints as quickly as possible, anybody should forward the spam mail complaint with complete headers to [email protected]. |
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| 9. |
Network TongLee is one of the active organizations on anti-spam campaign. When receiving a complaint from Trusted AntiSpam Organizations, Network TongLee will suspend the services at once without a warning notice. The client will be required to move out and a period of 7 days will be given to the client to download all their data from our servers. During this period, only ftp and pop3 access is enabled for the client. All other services (for example but not limited to DNS, Web, Web mail and SMTP) will be kept in suspended status. Network TongLee will remove all data/record of the corresponding domain after 7 days. |
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| 10. |
Network TongLee’s client is responsible for itself and its clients/end-users for UBE/UCE that passes through its connection to Network TongLee. |
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| Trusted SPAM Reporting System and Open Relay Database System |
| 11. |
There are many SPAM Reporting Systems and Open Relay Database Systems in the world. Some of the organizations are well recognized. They have well developed policy and system to handle spam complaints, blacklist and open relay testing for Internet hosts.
The following organizations are part of the ones Network TongLee recognizes. If Client receives complaints from those organizations, Network TongLee will follow the “SPAM e-mail complain Handling Procedure” to resolve the problem :
Spamcop.net (http://www.spamcop.net/)
Spamhaus.org (http://www.spamhaus.org/)
ORDB.org (http://www.ordb.org/) |
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| Services Cancellation Policy |
| 12. |
Below is a summary of Network TongLee's cancellation policy for web hosting clients. For complete details, please see the Agreement. This information is provided solely as a guide to our cancellation policy, and in the event of discrepancies, the information in the Agreement prevails. |
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| Account Cancellation |
| 13. |
- During First 30 Days
For virtual hosting accounts on monthly, quarterly or yearly payment plans, Network TongLee will accept cancellation of these accounts at anytime within the first 30 days, beginning on the date the account set-up e-mail is sent. Qualifying accounts should follow the procedures outlined in “Procedures” section.
- All other Cancellations
Network TongLee accepts an account cancellation for any virtual server account provided it is submitted at least thirty (30) days before the beginning of the next billing term. Accounts cancelled with less than thirty (30) days advance notice will recur for an additional term before being cancelled. |
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| Account Cancellation Procedures |
| 14. |
- Postal Mail/Facsimile
Network TongLee accepts account cancellations in writing which are submitted via facsimile or received via postal mail. Please download the Account Termination Form here and fill with all required infomation and then fax or post back to us.
If any of the above information is absent, the cancellation shall not be accepted.
- No Other Methods Accepted
To protect our clients from unauthorized account cancellations, no other means of cancellation will be accepted by Network TongLee. Under no circumstances will Network TongLee accept an account cancellation over the telephone. |
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| Result of Cancellation |
| 15. |
- End of Term Requests
Upon received the valid requests for termination from the Client, the account is to be cancelled at the end of the term; the client shall retain full rights to the account until the current billing term is concluded. On the first day following the expired term, the account shall be terminated. It is the responsibility of the Client to ensure that all data and e-mail is downloaded prior to such termination. Once the account is cancelled, it cannot be reopened without renewing for an additional term.
- Immediate Requests
Clients who choose to have their account cancelled immediately will lose access to all data and e-mail as soon as the virtual authorization is received or on the day the facsimile or postal mail cancellation request is received. It is essential that the Client has downloaded all e-mail and data prior to such request. Once the request is processed, the account can only be reopened by renewing the account for an additional term. |
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| Payment & Charges |
| 16. |
(1) In consideration for payment of the Fees, Network TongLee agrees to provide the Services to the Client. The Client shall pay the Fees and all applicable taxes and tariffs and bank services charge relating to its use of the Services. Network TongLee will invoice the Client by electronic mail one month advance. All fees are ully earned when due and non-refundable when paid. Clients are required to pay additional 5% transactional charge if they choose to make the payment by credit card. If the Client does not pay before the invoice due date, a late payment charge of 20% per month will be due and payable with respect to the outstanding balance and Network TongLee will be entitled to terminate this Agreement and/or the provision of any of the Services to the Client.
(2) The Client expressly agrees that use of the Services is at the Client's sole risk and that the entire risk as to the quality and performance of the Services is with the Client. Neither Network TongLee nor any or its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty as to the results to be obtained from use of the Services. In no event will Network TongLee or its directors, employees or agents be liable to the Client for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Services, including but not limited to damages resulting from loss of data or loss of profits but not including death or personal injury due to the negligence of Network TongLee, its directors, employees or agents.
(3) Administrative Handling Charges List
1. Hosting Platform Switching :
HK$300 will be charged for hosting platform switching from Unix to Windows and vice versa.
2. Website Upload Method Switching :
HK$200 will be charged for upload method switching from FTP to Frontpage Server Extension and vice versa.
3. DNS Re-mapping :
HK$100 will be charged for DNS re-mapping per record per time.
4. Postal Invoice/Receipt :
HK$20 will be charged for additional postal Invoice/Receipt.
5. Refund admin charge :
HK$300 will be charged for administrative cost and setup cost.
6. Changing Hosted Domain :
HK$300 will be charged for hosted domain switching. |
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| Compliance of Laws |
| 17. |
Network TongLee furthermore expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Network TongLee acceptable use policy and terms of Agreement. Finally, Network TongLee wishes to emphasize that in accepting services, subscribers indemnify Network TongLee for any violation of the subscriber of the Agreement, or of law or Network TongLee policy or the Agreement that results in loss to Network TongLee or the bringing of any claim against Network TongLee. This means that if Network TongLee is sued because of activities of the Client that violate any law, the Agreement or this Policy (which is part of the Agreement), the client shall pay any damages awarded against Network TongLee, plus costs and reasonable attorneys' fees. |
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| Notification |
| 18. |
This Agreement is subject to be changed with notice by publication on Network TongLee’s Web site. Client shall be responsible for monitoring the web site of Network TongLee for changes. Network TongLee reserves its rights to make changes to any terms of this Agreement and the Acceptable Use Policy and the revised or new Agreement and the acceptable Use Policy shall be effective immediately after the posting by Network TongLee at its web site without prior notice to the Client. The Client shall visit the web site of Network TongLee to view the latest version of this Agreement and Acceptable Use Policy from time to time. Network TongLee further reserves all its rights on final explanation of the meanings of the content in this Agreement. Changes in monthly service fees shall be effective only after the end of any calendar quarter for which Client has already prepaid. The use of the service by the Client following the effective date of such change of monthly service fees shall be constituted as proof of acceptance by Client of such change(s). |
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| Schedule B |
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