Terms
of Service (TOS)
Acceptable Use Policy (AUP)
Privacy Statement
Terms
of Service
Use
of Keynet(00HK.com) Service constitutes acceptance
and agreement to Keynet's TOS(Terms of Service)
as
well as Keynet's AUP (Acceptable Use Policy).
1)
Definition
Keynet refers to Keynet Technology Company
Limited in this Terms of Service (TOS) and Acceptable
Use Policy (AUP).
2)
Disclosure
This TOS specifically prohibits the use
of our service for illegal activities. Therefore,
Subscriber agrees that Keynet may disclose any
and all subscriber information including assigned
IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written
request without further consent or notification
to the Subscriber. In addition Keynet shall have
the right to terminate all service set forth in
this Agreement.
3)
Service Rates
Subscriber acknowledges that the nature
of the service furnished and the initial rates
and charges have been communicated to Subscriber.
Subscriber is aware that Keynet may prospectively
change the specified rates and charges from time
to time. The promotional offer is contingent upon
Keynet achieving and maintaining its cost of service
goals including but not limited to rates charged
to Keynet by its suppliers.
4)
Billing Policy
a) Refund and Dispute
All payments to Keynet are NONREFUNDABLE. This includes any setup fee and prepaid
charges regardless of usage. If you dispute a charge to your credit card issuer
that, in Keynet's sole discretion is a valid charge under the provisions of
the TOS and AUP, you agree to pay Keynet an "Administrative Fee" of
HKD$100.
b)
Fail to pay
Keynet may deactivate the service to subscriber upon the failure of Subscriber
to pay charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus reasonable interest
and any collection fees. Keynet will not responsible for any loss of the subscribers.
Also, We cannot guarantee that the customer account could be activated or that
the data could be fully intact for over due accounts.
5)
Lawful Use
The usage of Keynet networking facilities
and web hosting services for any unlawful purposes,
including but not limited to distribution, transmission,
publication or agitation of pornography materials,
copyrighted materials, hacking & cracking activities,
sending spam mail(unsolicited bulk emailing) or
any other legally unacceptable activities are STRICTLY
PROHIBITED. In no event will Keynet be liable for
any damages or losses caused by the subscriber's
failure. Subscribers are fully responsible to any
losses or damage claimed from Keynet or any other
person. Keynet reserves all rights to terminate
the subscriber account and usage without prior
notice and refund.
6)
Acceptable Use
Keynet STRICTLY PROHIBITTED the following
use of our services:
a) Running Chat Room Programs or CGI games such as EBS and FFAdventure;
b) Setup any services for any 3rd party to apply, such as guestbook;
c) Game Server;
The above use of service 6a-6c do not apply to our dedicated server customer;
d) Setup any program or software which greatly affects the server's normal
operation;
e) Download server or Multimedia Server;
f) Setup any IRC, IRC bots, Proxy or Bit Torrent;
g) Send SPAM or advertising email and other spam purpose;
h) Hacking, Virus or Other Destructive Activities;
i) Pornography or Adult Content;
j) Any Gambling Content
Once
seriously violate the above rule, Keynet will
terminate the account immediately without prior
notice.
7)
Domain Transfer
Due to the unpredictable nature of the
transfer process, no guarantees are made regarding
the amount of time required for a specific transfer.
Customer are required to submit their Domain Transfer
order to us 1 months before the domain expire date.
Keynet could not guarantee that the Domain Transfer
will be successful. If the customer cancels the
service during the transfer period for any reason,
the charges will not be refunded.
8) Customer Responsiblity
a)
Customers are required to use the Keynet's service
responsibly. This includes respecting the other
customers of Keynet. Keynet reserves the right
to suspend and/or cancel service with any customer
who uses the Keynet's service in such a way that
adversely affects other Keynet customers. Keynet
anticipates that customers who offer Internet
services will cooperate with Keynet in any corrective
or preventive action that Keynet deems necessary.
Failure to cooperate with such corrective or
preventive measures is a violation of Keynet
's policy and Keynet reserves the right to take
any such action.
b) Subscribers should provide accurate and updated personal or company information
during application. Subscribers are responsible to inform Keynet any changes
of contact details such as email, telephone and fax number. Keynet reserves
the rights of account suspension and termination to the subscribers without
prior notices when Keynet cannot contact the subscribers.
c)
Subscribers have responsible to keep all their
accounts and password information secret and
normal including:
i) To inform Keynet immediately for any abnormal or unauthorized login;
ii) To keep track of the account movement or usage;
iii) To perform a complete logout for a login.
d)
Responsibility for Content : You as a Keynet's
Hosting Customer, are solely responsible for
the content stored on and served by your Keynet
Hosting account.
9)
Zero Tolerance Spam Policy
Keynet takes a zero tolerance stance against
sending of unsolicited e-mail, commonly known as
spam. Any user who sends out spam will have their
account terminated without notice. Keynet reserves
the right to require changes or disable as necessary
any website, account, database, or other component
that does not comply with this policy, at its sole
discretion. Keynet also reserves the right to make
any such modifications in an emergency at our sole
discretion.
10)
Accuracy Information
Keynet has the right to stop providing
all services to subscriber immediately without
notification if the subscriber provide misleading,
false or incomplete information or disobeyed this
Terms of Service, In such cases, Keynet will not
responsible for any loss of the subscriber.
11)
Server Abuse
Keynet reserves the rights to refuse,
suspend or terminate service to subscribers whose
service usage may jeopardize server performance
and resources such as execute a huge amount of
programs, sending a huge amount of emails, abuse
of bandwidth and server resources which may affect
the regular service to other subscribers. Keynet
will suggest that subscribers to transfer to a
dedicated server package at our sole discretion.
12)
Notification of Violation:
a) Keynet is under no duty to look at
each customer's or user's activities to determine
if a violation of the TOS has occurred, nor do
we assume any responsibility through our TOS to
monitor or police Internet-related activities.
b)
Violation: Users that Keynet determines to have
committed a violation of any element of this
TOS shall be subject to immediate suspension
or termination of service without further notice.
13)
Suspension of Accounts
Keynet reserves the right to suspend network
access to any customer if in the judgement of the
Keynet administrators the customer's web hosting
account or server is the source or target of the
violation of any of the terms of service, the TOS,
or for any other reason Keynet chooses. If inappropriate
activity is detected, all accounts of the customer
in question will be deactivated until an investigation
is complete. Prior notification to the customer
is not assured. In extreme cases, law enforcement
officials may be contacted regarding these activities.
The customer will not be credited for the time
the customer's service is suspended.
14)
Refusal of Service
Keynet
reserves the right to refuse, cancel, or suspend
service at our sole discretion.
15)
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE
KEYNET SERVICE PROVIDED IS PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. KEYNET EXPRESSLY DISCLAIMS
ANY REPRESENTATION OR WARRANTY THAT THE KEYNET
SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR
UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY KEYNET, ITS EMPLOYEES, LICENSORS OR
AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY
ON ANY SUCH INFORMATION OR ADVICE.
UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL
KEYNET, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY
TO USE THE KEYNET SERVICE, INCLUDING BUT NOT
LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED
ON THE KEYNET SERVICE; OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
KEYNET RECORDS, PROGRAMS OR SERVICES. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER
OR NOT KEYNET IS GIVEN NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES AND THAT THIS PROVISION WILL
APPLY TO ALL SERVICES AVAILABLE FROM KEYNET AND
ITS AFFILIATES.
UNDER
NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT,
SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS
OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT,
BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR
OTHERWISE.
THE
TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT FOR WHATEVER REASON.
16)
Force Majeure
If
by reason of failures of telecommunications or
internet service providers, labor disputes, riots,
inability to obtain labor or materials, earthquake,
fire or other action of the elements, accidents,
governmental restrictions or other causes beyond
the control of Keynet, Keynet is unable to perform
in whole or in part its obligations as set forth
in this Agreement, then Keynet shall be relieved
of those obligations to the extent it is so unable
to perform and such inability to perform shall
not make Keynet liable to the User.
17)
Survivability
The
terms of this Agreement apply to those obligations
that survive any cancellation, termination, or
rescission, namely - warranty, indemnification,
liability and limits thereon, rights and obligations
upon and following termination and assignment.
18)
Indemnification
Keynet
customers agree to protect, defend, hold harmless,
and indemnify Keynet, any third party entity
related to Keynet (including, without limitation,
third party vendors), and Keynet's executives,
directors, officers, attorneys, managers, employees,
consultants, contractors, agents, parent companies,
subsidiaries, and co-subsidiaries with the same
parent company as Keynet, from and against any
and all liabilities, losses, costs, judgments,
damages, claims, or causes of actions, including,
without limitation, any and all legal fees and
expenses, arising out of or resulting in any
from the customer's use of Keynet's services.
19) Modification
This TOS are not exhaustive and Keynet
reserves the right to add, delete, or modify any
provision of its TOS at any time without notice,
effective upon either the posting of the modified
TOS to www.00hk.com or notification
of the modified TOS. Any complaints about a customer's
violation of the TOS should be sent to info@00hk.com.
The TOS supersedes any other agreement with Keynet,
whether written, oral, by conduct, or otherwise.
20)
Others
Keynet reserves the rights to amend any
particular package, program, facility or network
configuration and topology which provide and may
provide through the services without prior notices
to subscribers.
Supplmentary
Terms of Service for Dedicated Server Service
The following Supplmentary Terms of Conditions apply only to Keynet's Dedicated
Server customers, and supplement the Terms of Service above that apply to all
Keynet customers:
Customer
Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers
under customer control. If a customer's server is involved in an attack on
another server or system, it will be shut down and an immediate investigation
will be launched to determine the cause/source of the attack. In such event,
the customer is responsible for the cost to rectify any damage done to the
customer's server and any other requirement affected by the security breach.
Bandwidth
Usage Abuse
Using Keynet's dedicated server to publish MP3, multimedia files and softwares
which leads to a substantial usage of bandwidth is STRICTLY PROHIBITED.Keynet
pro-actively monitors backbone utilization in order to ensure that bandwidth
resources are equally shared. Keynet has no objections against burstable usage
of the 100Mbit port however customers that have sustained usage of 15Mbit or
more may be asked to upgrade to a dedicated service plan or may have their
port capped to 10Mbit.
Billing Policy
The service period set forth in this agreement is at least 6 months and requires
not less than 4 months prepayment. Customers are required to pay charges for
the service period regardless of usage.
Contradiction
Keynet Dedicated server's subscriber SHOULD NOT provide web hosting service
or any web hosting related service which has conflicts or contradictions with
Keynet's service unless Keynet's authorization.
Control Panel
Any control panel provided to Keynet dedicated server's customer will cease
at the same time as service termination. Subscribers have no rights to resell
or transfer any control panel provided by Keynet as such control panel is fully
owned by Keynet.
Acceptable
Use Policy (AUP)
Use of Keynet Service constitutes
acceptance and agreement to Keynet's AUP as well
as Keynet's TOS (Terms of Service) Keynet reserves
the right to revise, amend, or modify this AUP,
our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice
of any revision, amendment, or modification will
be posted in accordance with our TOS (Terms of
Service). All users of Keynet's Internet services,
and their clients, must comply with this AUP and
our TOS (Terms of Service).
We do not actively monitor subscriber
activity under normal circumstances. Similarly,
we do not exercise editorial control over the content
of any web site, e-mail transmission, newsgroups,
or other material created or accessible over or
through the services, except for certain proprietary
Web sites. However, in accordance with our TOS
(Terms of Service), we may remove any materials
that, in our sole discretion, may be illegal, may
subject us to liability, or which may violate this
AUP. Keynet may cooperate with legal authorities
and/or third parties in the investigation of any
suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension
or immediate termination of either your Keynet
account or other actions as detailed below without
notice, based upon the nature of the violation.
This document is exhaustive
and only intended to provide a basic understand
of Keynet's Acceptable Use Policy. The following
are guidelines for the establishment and enforcement
of Keynet's AUP. If a Keynet account violates this
Acceptable Use Policy or our TOS, we reserve the
right to terminate your service without notice.
We prefer to advise customers of inappropriate
behavior and any necessary corrective action, however
based on the nature of the violation, could result
in immediate termination of service.
The following constitute violations
of this AUP:
Illegal Activities: Keynet's
services may not be used for illegal purposes,
or in support of illegal activities. Keynet reserves
the right to cooperate with legal authorities and/or
injured third parties in the investigation of any
suspected crime or civil wrongdoing.
Harm or Endangerment to other
people: You may not use Keynet's service
to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography,
or use Keynet's service to transmit any material
(by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction
of property.
Forgery or impersonation: Adding,
removing or modifying identifying network header
information in an effort to deceive or mislead
is prohibited. Attempting to impersonate any person
by using forged headers or other identifying information
is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited E-mail, News
Bombing (SPAM): Use of the Keynet service
to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly PROHIBITED. Spam complaints
will be sent to the e-mail address on file. Violations
of this type will result in the immediate suspension
of the offending website on the Keynet server.
Should the account become re-activated without
the express written consent of Keynet's Abuse
Department, the offending website or shared hosting
account will be immediately terminated, and may
result in suspension / termination of the server
should the site and/or client re-appear on the
server. Anyone hosting websites or services on
their server that support spammers or cause any
of our IP space to be listed in any of the various
Spam Databases will have their server immediately
removed from our network. The server will not
be reconnected until such time that you agree
to remove any and all traces of the offending
material immediately upon reconnection and agree
to allow us access to the server to confirm that
all material has been completely removed. Severe
violations may result in immediate and permanent
removal of the server from our network without
notice to the customer. Any server guilty of
a second violation will be immediately and permanently
removed from our network without notice. Malicious
intent to impede another person's use of electronic
mail services or news will result in the immediate
termination of the offending Keynet account.
Copyright or trademark infringement: Use
of the Keynet service to transmit any material
(by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third
party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization
and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software. Use of the
Keynet service to collect, or attempt to collect,
personal information about third parties without
their knowledge or consent. Distribution and/or
posting of copyrighted or the aforementioned infringements
will not be tolerated.
Network disruptions : Use
of the Keynet service for any activity which affects
the ability of other people or systems to use Keynet
Services or the Internet. This includes "denial
of service" (DOS) attacks against another
network host or individual user. Interference with
or disruption of other network users, services
or equipment is prohibited. Keynet will not tolerate
any subscriber attempting to access the accounts
of others, or penetrate security measures of other
systems, whether or not the intrusion results in
corruption or loss of data. Keynet, does not allow
the hosting of IRC, IRC Bots, or eggdrops on our
network. Servers found hosting this material will
be subject to immediate cancellation without refund.
Use of the Keynet service to access, or to attempt
to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of Keynet's
or another entity's computer software or hardware,
electronic communications system, or telecommunications
system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited
and the offending Keynet account is subject to
immediate termination.
Security: You are responsible
for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps
to ensure that others do not gain unauthorized
access to your account. In addition, you may not
use your account to breach security of another
account or attempt to gain unauthorized access
to another network or server.
Network Security: Keynet
accounts operate on shared network resources. Excessive
use or abuse of these resources by one customer
may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs
network performance is prohibited by this policy
and may result in termination of your account.
Reporting Violations
of Keynet AUP
Keynet requests
that anyone who believes that there is a violation
of this
AUP direct the information to the Abuse Department
at info@00hk.com if possible, please provide
the IP address and domain name used to commit the
violation, date and time of the violation, and
evidence of the violation.
Privacy
Statement
Privacy for our customers is
extremely important to Keynet. We strongly believe
in individual's rights to privacy and that personal
information is not a commodity and should not be
treated as one. At all times we will never share
your personal information with any third parties
without your permission.
Your email addresses are not
for sale or trade and are strictly guarded. Our
Acceptable Usage Policy prohibits our customers
from sending unsolicited bulk commercial email
(aka "spam") using our services. If it
is brought to our attention that one of our customers
is violating this policy, we take steps to stop
them and ensure it doesn't happen again. We also
do everything within our power to keep non-customers
from using our email servers for spam.
All client information
such as email, phone numbers, addresses, etc
is used only for internal purposes. Your contact
information is used to get in touch with you
when necessary and for announcements and our
monthly newsletter. Financial information that
is collected is used to bill you for products
and services.
(TOS,
AUP and Privacy Statement) Last Modified date:
6/11/2004
