Terms
of Service (TOS)
Acceptable Use Policy (AUP)
Privacy Statement
Terms
of Service
Use
of Keynet 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.Keynet.com.hk or notification of the
modified TOS. Any complaints about a customer's
violation of the TOS should be sent to info@Keynet.com.hk.
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@keynet.com.hk 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
