Terms of Services
The following agreement is by and between CYPFIRZT SOLUTION and client.
All Users of services provided by CYPFIRZT SOLUTION, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
Service Rates: You acknowledge and agree that we have communicated to you the nature of the service provided, the initial rates and charges. You are aware that we may change the specified rates and charges from time to time. We will provide at least 30 days notice, by e-mail, to you prior to any rate increases. Any such e-mail communication will be deemed to have been received by you on the following business day from the date the e-mail was sent by us to you.
Failure to Pay: We may temporarily deny service or terminate and cancel this Agreement upon the failure of you to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
NOTE: Pornography and sex-related merchandising are PROHIBITED on any CYPFIRZT SOLUTION server. This includes, and is not limited to, direct links to such webpages or websites.
NOTE: Spamming, or the sending of unsolicited email, from a CYPFIRZT SOLUTION server or using an email address that is maintained on a CYPFIRZT SOLUTION machine is STRICTLY PROHIBITED.
Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. CYPFIRZT SOLUTION is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.
“Customer” includes the person purchasing the Services or any agent or representative thereof.
“Services” means domain name registration, website hosting, email and any other service or facility provided by CYPFIRZT SOLUTION to the Customer.
“Server” means the computer server equipment operated by CYPFIRZT SOLUTION or 3rd party companies in connection with the provision of the Services.
“Website” means the area on the Server allocated by CYPFIRZT SOLUTION to the Customer for use by the Customer as a site on the Internet
“Unsolicited Bulk E-Mail (UBE)” is defined as any message transmitted via e-mail or any other communications medium that fits CRITERIA (i) and (ii) below.
“Unsolicited Commercial E-Mail (UCE)” is defined as any messages transmitted via e-mail or any other communications medium which fits CRITERIA (i), (ii), and (iii) below.
(i). Message is “Unsolicited”, if
- Recipient has never established any prior personal or business relationship with the sender of the message; or/and
- Recipient has never expressly and verifiably invited or granted prior permission to the sender for sending any such messages to the recipient; or/and
- Recipient had earlier explicitly requested the sender NOT TO send any messages of such nature (or any messages whatsoever) to the recipient.
(ii). Message is sent in “Bulk”,
- if message is duplicated (or copied with slight modifications, without affecting the intended effect of the message) and sent indiscriminately to more than a reasonable number of recipients.
- Message is commercial in nature, including but not limited to advertising, sales, auctions, etc.
(iii). “Spam” – defined as any message resembling UBE or UCE, from ANY source and to ANY destination, including but not limited to CYPFIRZT SOLUTION networks.”Spammer(s)” is hereby defined as any party that transmits Spam.
Website Design and Development
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, CYPFIRZT SOLUTION cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by CYPFIRZT SOLUTION remain the copyright of CYPFIRZT SOLUTION and may only be commercially reproduced or resold with the permission of CYPFIRZT SOLUTION.
- CYPFIRZT SOLUTION cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Any additions to briefs provided will be carried out at the discretion of CYPFIRZT SOLUTION and where no charge is made by CYPFIRZT SOLUTION for such additions, CYPFIRZT SOLUTION accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
- CYPFIRZT SOLUTION will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
- A deposit of 50% is required with any standard project before any design or code development work will be carried out. The deposit is NON-REFUNDABLE.
- Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and NO REFUNDS can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.
Domain Name Registration Agreements
- The CUSTOMER acknowledges, agrees and understands that the domain name registration is based first come first serve basis and order(s) will be processed upon receiving the successful payment confirmation upon complete verification by CYPFIRZT SOLUTION’s billing department.
- The CUSTOMER understands that CYPFIRZT SOLUTION does not guarantee the availability of CUSTOMER’s desired domain name in the event that if an inquiry indicates the domain name is available at the time of the CUSTOMER’s domain name application or submitted order.
- CYPFIRZT SOLUTION will refund the paid amount to the CUSTOMER’s bank account in the event that the domain name registration was not successful or it is optional for the CUSTOMER to preserve the credit in the CUSTOMER’s account with CYPFIRZT SOLUTION.
- Domain registration fee is strictly non-refundable once the domain name has been successfully registered for any reason, including negligence on misspelling of the domain name during order submission.
- CYPFIRZT SOLUTION will not, at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name. Any disputes arising must be resolved between the parties involved.
- In the event of a dispute, CYPFIRZT SOLUTION will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:
- withhold or suspend a domain name; and or
- make any representations it deems fit to the Registry.
Domain Name Renewal Agreements
- In terms of domain name expiration, The CUSTOMER shall not make any claims or compensation from CYPFIRZT SOLUTION if the CUSTOMER did not renew the domain name on time and this caused the domain name being suspended or deleted by domain registry.
- The domain renewal fee is strictly non-refundable if the domain name has been successfully renewed upon request.
- In terms of domain name redemption, CUSTOMER shall absorb the domain redemption fee if the CUSTOMER wants to renew the domain that falls under the redemption grace period and CYPFIRZT SOLUTION does not warrant that the application of domain name renewal that falls under redemption period will be successful.
Server Hosting Policy
- All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies CYPFIRZT SOLUTION in accordance with the cancellation procedures below of the termination of services. All payment is in Malaysia Ringgit.
- All services will be automatically renewed on their contract renewal date unless previously cancelled by either party according to the cancellation procedures outlined below.
- All cancellation requests must be submitted by one of the following methods:
- CYPFIRZT SOLUTION reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and returned. NO REFUND will be entertained, if customer SPAM from CYPFIRZT SOLUTION’s server, Hosting Illegal Content/Pirated/Warez/Unauthorized Software or Audio/Video Medias, Hosting pornography content, or a Link from CYPFIRZT SOLUTION’s hosted website. Any violation of policies which results in extra costs will be billed to the customer (i.e. reconfiguration of server, cleaning up IP address from those common RBLs, etc.)
- CYPFIRZT SOLUTION is committed to providing a family friendly environment on the web. We are strict about our acceptable content because of this commitment. Never before have we been so bombarded with pornography and morally degrading material than by way of the Internet. We want no part of it.
- All services provided by CYPFIRZT SOLUTION may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Malaysia, State or City law is prohibited. This includes, but is not limited to: fraudulent material, unauthorized media files (MP3s, MOV, AVI, WMV, Bit Torrent Seed and Others audio or Video File format), copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless CYPFIRZT SOLUTION from any claims resulting from the use of the service which damages the subscriber or any other party.
- All pornographic content and sex-related merchandising is prohibited on all CYPFIRZT SOLUTION servers, whether legal or illegal. This includes sites that may infer sexual content or links to adult content elsewhere. In addition, sites containing profanity or vulgar language are also prohibited.
- Sites that promote any illegal activity or present content that may be damaging to CYPFIRZT SOLUTION servers or any other server on the internet are prohibited. Links to such materials are also prohibited. Examples of this material include pirated software, hacker programs or archives, and warez sites.
- It is also prohibited to engage in activities, whether lawful or unlawful, that CYPFIRZT SOLUTION determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
- CYPFIRZT SOLUTION will be the sole arbiter as to what constitutes a violation of these provisions.
- The sending of unwanted/unsolicited bulk and/or commercial messages over the Internet (spamming) is STRICTLY prohibited. This includes sending spam from or through an CYPFIRZT SOLUTION server or using an e-mail address or domain that is maintained on an CYPFIRZT SOLUTION machine as reference. Spam has a negative impact on consumers and on our systems. It depletes server resources and opens CYPFIRZT SOLUTION up to denial of service or “nuke” attacks from recipients of spam. In connection with this policy, the following activities are also prohibited:
- Maintaining an open SMTP relay.
- Forwarding or posting “chain letters” (multiple forwarding) of any type.
- Attempting to cancel, supersede, or otherwise interfere with e-mail messages other than one’s own.
- Engaging in harassment, whether through language, frequency, or size of messages.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- CYPFIRZT SOLUTION will be the sole arbiter as to what constitutes a violation of this provision.
- Any attempt to undermine or cause harm to a server, or customer, of CYPFIRZT SOLUTION is strictly prohibited.
- We currently do not allow IRC or IRC bots to be operated on our servers.
- As this is a shared server, customer should not be using more than 10% of the CPU resources for more than 15 minutes. We reserved the right to suspend customer’s website prior notice, due to the said website is overloading the server and affecting others client that hosted in the server.
- Running programs in the background on a CYPFIRZT SOLUTION’s server without CYPFIRZT SOLUTION’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1,000 emails a day and the like are not acceptable uses of CYPFIRZT SOLUTION’s servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories without prior authorization from CYPFIRZT SOLUTION is prohibited.
- You should understand that your site is on a shared server with other sites. Any abuse by one user will affect all other clients on that server. If there is ever a problem we will make every reasonable effort to remedy the situation in a mutually beneficial way. CYPFIRZT SOLUTION will be the sole arbitrator in these matters.
- System backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and information. If data loss occurs due to the negligence of the client in securing their account or by an action of the client, CYPFIRZT SOLUTION will attempt to recover the data from the most recent archive for a RM 150.00 fee.
- We reserve the right to refuse, cancel, or suspend service at our sole discretion.
- These terms may be revised from time to time. A customer’s use of CYPFIRZT SOLUTION’s services after changes to the Terms are posted on CYPFIRZT SOLUTION’s web site, www.cypfirzt.com, will constitute the customer’s acceptance of any new or additional terms that result from those changes.
In case of abuse, CYPFIRZT SOLUTION reserves the right to suspend refuse or terminate any service provided at our sole discretion, without notice or refund. CYPFIRZT SOLUTION will not under any circumstances be responsible for consequential damages.
Abuses include but are not limited to:
- sending spam e-mails – unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups
- spoofing – using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message
- passive spamming – promoting a web site hosted by CYPFIRZT SOLUTION by spamming from some other source
- trolling – posting controversial messages in newsgroups to generate responses
- mail-bombing – inundating a user with e-mail without any serious intent to correspond
- generating a higher volume of outgoing mail than a normal user
- cross-posting messages
- posting obscene or inflammatory messages
- threatening other CYPFIRZT SOLUTION users
- mail bombing CYPFIRZT SOLUTION
- running packet sniffers or port scanners, or spamming. Spammers will be held responsible for the all cleanup fees.
- proxy site
- HYIP (High Yield Investment Program) site
- online casino or gambling site
- adult site / pornography site / child pornography content
- promoting WAREZ content
- sucks site – Sites that are attacking in nature – specifically “sucks” types sites and sites that use others corporate names to promote them as sucking or use their corporate image / logo exactly or in slightly altered ways are expressly disallowed.
Any attempts to undermine, slander, libel, threaten, or cause harm to a CYPFIRZT SOLUTION’s server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
We reserve the right to change prices listed on our company websites, and the right to increase the amount of resources given to plans at any time.
- CYPFIRZT SOLUTION may suspend or terminate access to the Services without notice to the Customer if the Customer account becomes overdue. CYPFIRZT SOLUTION will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.
- CYPFIRZT SOLUTION may request the Customer to rectify any breach of this agreement. If the Customer fails to rectify any such breach within 30 days from the issuing of such a request by CYPFIRZT SOLUTION, CYPFIRZT SOLUTION is entitled to treat the Customer as having committed a material breach and repudiated their obligations under this agreement and to terminate the agreement without further notice. Upon such a termination of this Agreement, all monies owing by the Customer to CYPFIRZT SOLUTION will immediately become due and payable.
- In the event of a suspension and/or a termination of the Services by CYPFIRZT SOLUTION, the Customer agrees that CYPFIRZT SOLUTION shall be entitled to
- suspend the Customer website; and
- remove all data and or information located on it within 14 days from the expiry date.
- In the event of a termination or suspension, CYPFIRZT SOLUTION may post such notice in respect of the non-availability of the Customer website as it deems fit.
Notification of Transfer of Hosting Account Ownership
The form found here may be used to notify CYPFIRZT SOLUTION of a change in ownership of a server hosting account. Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. CYPFIRZT SOLUTION will not be liable for any inability to access the account due to a failure to release access information. Filing this form with CYPFIRZT SOLUTION does not guarantee any changes. CYPFIRZT SOLUTION reserves the right to accept or reject the request for any reason in its sole and absolute discretion.
Intellectual Property Rights
Material accessible to you through Services may be subject to protection under the Malaysia (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the CYPFIRZT SOLUTION Network. If you use a domain name in connection with the Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
REVISIONS TO THIS ACCEPTABLE USE POLICY
CYPFIRZT SOLUTION reserves the right to revise, amend, or modify this TERMS, and our other policies and agreements at any time and in any manner.