DataKL Solutions Sdn Bhd

Terms of Service

Updated Date: [31 August 2024]

This Terms of Service (the "Agreement") is a binding contract between DataKL Solutions Sdn Bhd ("we," "us," or "our") and you ("you," "user," or "customer"). By using our services, you agree to comply with the terms outlined in this Agreement.

1. Prohibited Activities

Your hosting account must not be used for illegal, abusive, or unethical activities. These include, but are not limited to:

• Hosting or linking to content such as pornography, obscenity, or any material that violates privacy.
• Engaging in hacking, spreading computer viruses, or any form of online harassment.
• Misuse or excessive use of server resources.

Consequences: We reserve the right to immediately deactivate any account involved in such activities without prior notice. If deactivated, standard fees will still apply. We may notify you of any violations and allow 12 hours for correction, though this is not guaranteed.

2. Public Nature of Internet

All information submitted through your hosting account is considered publicly accessible. You are responsible for protecting and backing up your data. We are not liable for the protection or privacy of electronic mail or other data transferred through our services or any other network.

3. Unsolicited Email (Spam)

Sending unsolicited bulk emails ("spam") is strictly prohibited. This includes commercial advertising and other bulk messages not specifically requested by recipients.

Consequences: Accounts involved in spamming will be immediately deactivated, and a RM 350 cleanup/network abuse fee will be imposed. You agree to indemnify us against any claims arising from your email activities.

4. Server Usage

Our servers must not be used to host scripts, images, or files intended to reduce load on another web host or to serve downloads. Additionally, customers are prohibited from:

• Running scripts that monitor other servers or create excessive load.
• Acquiring multiple accounts to circumvent bandwidth limitations.

Consequences: We reserve the right to terminate accounts solely used for hosting scripts or that breach our usage policies.

5. Domain Name Registrants' Responsibilities

You must comply with all terms set by your domain registrar, including those from ICANN, Mynic, and the Registry. Accurate and updated information is required in directories such as WHOIS. Regularly check your domain's status and promptly address any discrepancies.

6. Uptime Guarantee

We guarantee a 99.5% aggregate uptime over any three-month period, excluding scheduled maintenance. In the event of prolonged downtime, we will move your account to a server that meets our minimum server specifications upon request.

7. Billing and Payments

• Payment Obligations: You must keep your payment information current and pay all invoices on time. Payments are due in advance, with a 5-day grace period. Late payments may result in service suspension.
• Methods: We accept payments via CHIP Gateway, PayPal, VISA, Mastercard, or bank transfer.
• Taxes: You are responsible for all applicable taxes related to this Agreement, excluding taxes on our income.
• Price Changes: We reserve the right to change prices or any associated fees at any time. It is your responsibility to review billing information regularly.

8. Termination

You will receive a renewal reminder 30 days before your service expires. If you do not renew, your service will be terminated. For Dedicated Server and Co-Location services, a 30-day written notice is required for termination.

Upon Termination:

• All rights to services will cease.
• You are responsible for all outstanding fees.
• All data will be deleted from our servers seven days after termination.

9. 30-Day Money-Back Guarantee

If you cancel your account within the first 30 days, we will refund all hosting charges, excluding any non-refundable setup fees. This guarantee does not apply to account misuse or domain registration fees.

10. Affiliate Program

Our affiliate program offers a 10% commission on referred signups. Affiliates may not refer themselves, and all referrals must involve a different account name.

11. User Content

You are responsible for all content you upload or distribute through our services. By posting content, you grant us a non-exclusive, worldwide license to use, modify, and distribute it as necessary for providing our services.

12. Indemnification

You agree to indemnify and hold DataKL Solutions Sdn Bhd harmless from any claims, liabilities, or expenses arising from your use of our services.

13. Security

You are responsible for maintaining the security of your account. Sharing your password with unauthorized users is strongly discouraged and may lead to account termination.

14. Backup and Data Loss

• Backup Responsibility: We perform regular backups of shared hosting accounts as a courtesy to our customers. Backups are generally conducted weekly and stored for a limited duration. However, these backups are intended for disaster recovery purposes only, and the completeness or accuracy of backups is not guaranteed.
• Customer Responsibility: You are solely responsible for maintaining your own backups of all data stored on our servers. While we offer a backup service, it is highly recommended that you also perform your own backups to ensure the security and availability of your data.
• Limitations: Our backup service may exclude certain types of data or accounts that exceed specific resource limits (e.g., disk space usage above 100 GB). Additionally, backups are not maintained for accounts that have been suspended or terminated for any reason.
• Liability: DataKL Solutions Sdn Bhd is not liable for any data loss or damage, and you agree to indemnify us against any claims related to your failure to maintain appropriate backups.

15. Dispute Resolution

All disputes will be resolved through binding arbitration under the laws of Malaysia. The arbitrator's decision will be final.

16. Modifications to the Agreement

We reserve the right to modify this Agreement at any time. You will be notified of significant changes, and continued use of our services constitutes acceptance of the updated terms.

By using our services, you acknowledge that you have read, understood, and agreed to these terms.