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Web Hosting Terms of Service

If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.

The following is the entire service agreement between GIL Consultancy Pte Ltd (hereinafter "GIL Hosting") and the personal or corporate account holder (YOU / YOUR).

WHEREAS, GIL Hosting is an information provider connected to the Internet through our partners. GIL Hosting offers storage and transfer services over the Internet through access to our partners' Web Server, FTP Server and SMTP & POP Mail Server services;

WHEREAS, PARTNER is an information provider connected to the Internet. PARTNER offers storage and transfer services over the Internet through access to its Web Server, FTP Server and SMTP & POP Mail Server services;

WHEREAS, YOU seeks to utilize GIL Hosting server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, GIL Hosting can make no guarantee that any given reader shall be able to access GIL Hosting server at any given time. GIL Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

HEREINAFTER, all reference made to GIL Hosting server facilities, not limited to, functionalities, performance, connectivity and liabilities directly implies to our PARTNERS.

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

I

Material and Products:

 

1.  

YOU will provide GIL Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of GIL Hosting. GIL Hosting shall make no effort to validate this information for content, correctness or usability.

     
 

2.

GIL Hosting will exercise no control whatsoever over the content of the information passing through the network. GIL Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. GIL Hosting also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by YOU, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of YOU. Use of any information obtained by way of GIL Hosting is at YOUR own risk, and GIL Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. GIL Hosting expressly denies any damages to YOU for any non-accessibility time or other down time. GIL Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", GIL Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on GIL Hosting Server. GIL Hosting agrees to notify YOU immediately of its refusal of the material and afford YOU the opportunity to amend or modify the material to satisfy the needs and/or requirements of GIL Hosting. If YOU fail to modify the material, as directed by GIL Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

     
 

3.

GIL Hosting maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to YOU and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

     
  4. Hosting of site that is graphic intensive in nature is not encouraged. GIL Hosting reserves the right to limit the bandwidth limit for such websites. GIL Hosting reserves the right at our discretion to limit bandwidth usage for sites that take up too much server resources. YOU will be given an option of either paying extra for a dedicated server / semi-dedicated server depending on the resource needed or reducing the resource used to an acceptable level. GIL Hosting shall be the sole arbiter of what is considered to be an acceptable bandwidth usage level.
     

II

Trademarks & Copyrights:

 

YOU warrant that it has the right to use the applicable trademarks, if any, and grants GIL Hosting the right to use such trademarks in connection with GIL Hosting Server service.

     

III

Hardware, Equipment & Software:

 

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access GIL Hosting. GIL Hosting makes no representations, warranties or assurances that the Customer's equipment or software will be compatible with the GIL Hosting service.

     

IV

Internet Etiquette:

 

1.

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of GIL Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or GIL Hosting. All messages transmitted via GIL Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

     
 

2.

Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. GIL Hosting reserves the right to deactivate YOUR Virtual Server account(s) upon an indication of such activity.

     

V

Termination:

 

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, GIL Hosting may terminate service under this Agreement at any time, without penalty, if YOU fail to comply with the terms of this Agreement or upon an indication of credit problems including delinquent payments.

     

VI

Liability:

 

1.

YOU expressly agrees that use of GIL Hosting Server is at YOUR sole risk. Neither GIL Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that GIL Hosting Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the GIL Hosting Server service, unless otherwise expressly stated in this Agreement.

     
 

2.

Under no circumstances, including negligence, shall GIL Hosting, its offices, agents or any one else involved in creating, producing or distributing GIL Hosting Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the GIL Hosting Server service; or that results from mistakes, omissions, interruptions, deletion or loss of files, errors, defects, 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 GIL Hosting records, programs or services. YOU hereby acknowledges that this paragraph shall apply to all content on GIL Hosting Server service and is solely responsible for independent backup of data stored on GIL Hosting Server Service.

     
 

3.

GIL Hosting is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the GIL Hosting server, or losses or damages arising from the use of the content or services provided by GIL Hosting or third parties in connection with GIL Hosting. GIL Hosting is not responsible for any financial losses by YOU in association with YOUR Site.

     

VII

Lawful Purpose:

 

YOU may only use GIL Hosting Server for lawful purpose. Transmission of any material in violation of any regulation of the Republic of Singapore or the United States of America is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

     

VIII

Indemnification:

 

1.

YOU agree that it shall defend, indemnify, save and hold GIL Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against GIL Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by YOU, its agents, employees or assigns. YOU agree to defend, indemnify and hold harmless GIL Hosting against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with GIL Hosting Server; (ii) any material supplied by YOU infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which YOU sold on GIL Hosting Server.

     
 

2.

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. GIL Hosting is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

     

IX

Pricing:

 

All prices are subjected to change and will be updated on our webpages.

     

X

Policies:

 

1.

YOU will adhere to all our policies as spelt out on our website address as follows: http://www.gilhosting.com/policies.html

     
 

2.

These policies are subject to change. It is YOUR responsbility to keep abreast of any changes.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

This Agreement shall be governed and construed in accordance with the laws of the Republic of Singapore, the United States of America and of the Internet.