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Terms Of Services
This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding and enforceable legal contract by and between you, the “Customer” (referred to herein as "Customer") and Dedicated Server Enterprise.
Dedicated Server Enterprise (referred to herein as "DSE") is a corporation registered lawfully in Malaysia with the company number, 001918732-M. Our principal executive office is located at:
Dedicated Server Enterprise
No. 11, Jalan Putra Bahagia 8/3D,
Putra Heights, Subang Jaya,
47650 Selangor,
Malaysia.
No. 11, Jalan Putra Bahagia 8/3D,
Putra Heights, Subang Jaya,
47650 Selangor,
Malaysia.
Please take note that DSE may modify any of the terms and conditions contained within this TOS Agreement and any policy or guideline incorporated by reference, at any time at its sole discretion and may also determine whether and when modifications apply to existing or future customers. Please consult this site periodically for the most recent revision of this document.
Failure to comply with this TOS Agreement may result in termination of your account with no refund at our sole discretion. DSE reserves the right to refuse or terminate services to anyone, at any time and for any reason, including but not limited to violation of DSE’s Acceptable Use Policy. Under no circumstances is DSE responsible for any damages resulting from termination of service.
1) Compliance With Law
Customer shall not post, distribute, transmit or store material on or through any of servers of DSE in violation of any law. Customer shall abide all state, federal, foreign and national laws, statutes, ordinances and regulations that apply to Customer’s use of the service that DSE provides to Customer, as well as with all laws in all other jurisdictions that apply to Customer’s use of the service that DSE provides to Customer. The Customer is solely responsible for determining the legality of their data which is stored or transmitted.
Customer shall not post, distribute, transmit or store material on or through any of servers of DSE in violation of any law. Customer shall abide all state, federal, foreign and national laws, statutes, ordinances and regulations that apply to Customer’s use of the service that DSE provides to Customer, as well as with all laws in all other jurisdictions that apply to Customer’s use of the service that DSE provides to Customer. The Customer is solely responsible for determining the legality of their data which is stored or transmitted.
2) Backup System/Data
Customer are solely
responsible for the content stored on and served by your DSE server. DSE
is not responsible for backing up Customer’s system/data. Customer are
responsible for making backup files and DSE does not guarantee the
existence, accuracy, or regularity of its backup services. The quality and
accuracy of the backup files from a third party software is not guaranteed by
DSE.
3) Bandwidth
Customer agree that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by Customer. DSE will monitor Customer’s bandwidth and disk usage. DSE reserves the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in DSE’s sole and absolute discretion. If DSE takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Customer agree that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by Customer. DSE will monitor Customer’s bandwidth and disk usage. DSE reserves the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in DSE’s sole and absolute discretion. If DSE takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
4) Customer Data
DSE will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer.
DSE will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer.
5) Payment
Establishment of this service is contingent upon receipt of payment from Customer to DSE. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Penalties will be incurred and shall be levied for overdue accounts. Services provided by DSE to the Customer may be suspended or terminated if fees are not paid in full by their due date. DSE shall not be held responsible in any way for any server/website downtime, loss of data or damages incurred by the Customer arising from the disruption of service due to outstanding service fees.
Establishment of this service is contingent upon receipt of payment from Customer to DSE. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Penalties will be incurred and shall be levied for overdue accounts. Services provided by DSE to the Customer may be suspended or terminated if fees are not paid in full by their due date. DSE shall not be held responsible in any way for any server/website downtime, loss of data or damages incurred by the Customer arising from the disruption of service due to outstanding service fees.
6) Refunds and Disputes
All payments made to DSE by Customer or on Customer’s behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to DSE within thirty (30) days of occurrence, otherwise Customer shall have waived all claims related to it. Should DSE terminates Customer’s service for a reason other than violation of the Acceptable Use Policy, DSE will issue Customer a refund for the remaining paid period of service.
– Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by DSE
– Refund is granted by DSEs sole discretion
– Refund decision made by DSE is final
– Any FRAUD credit card will be terminate the account and the amount of fee will be refund to our 3rd party credit card company
– Refund will minus USD50.00 restocking fees for any account without setup fees
All payments made to DSE by Customer or on Customer’s behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to DSE within thirty (30) days of occurrence, otherwise Customer shall have waived all claims related to it. Should DSE terminates Customer’s service for a reason other than violation of the Acceptable Use Policy, DSE will issue Customer a refund for the remaining paid period of service.
– Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by DSE
– Refund is granted by DSEs sole discretion
– Refund decision made by DSE is final
– Any FRAUD credit card will be terminate the account and the amount of fee will be refund to our 3rd party credit card company
– Refund will minus USD50.00 restocking fees for any account without setup fees
7) Customer Liability and Indemnification
Customer agree that in no event shall DSE be liable to any third party for Customer’s breach or alleged breach of any of the terms and conditions set forth in this TOS Agreement. Customer agree to defend, indemnify and hold harmless DSE against liabilities arising out of:
a) any and all expenses, losses, liabilities, damages.
b) any third party claims resulting from Customer’s breach or alleged breach of any Customer obligations.
c) any injury to person or property caused by any products sold or otherwise distributed in connection with DSE.
d) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
e) copyright infringement.
f) any defective products sold to customers from DSE’s server.
Customer agree that in no event shall DSE be liable to any third party for Customer’s breach or alleged breach of any of the terms and conditions set forth in this TOS Agreement. Customer agree to defend, indemnify and hold harmless DSE against liabilities arising out of:
a) any and all expenses, losses, liabilities, damages.
b) any third party claims resulting from Customer’s breach or alleged breach of any Customer obligations.
c) any injury to person or property caused by any products sold or otherwise distributed in connection with DSE.
d) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
e) copyright infringement.
f) any defective products sold to customers from DSE’s server.
8) Warranty
The services, the DSE site, without limitation, all products and services displayed or offered on the DSE site, and all text, graphics, links and applications are provided to client without warranty of any kind. DSE does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. DSE makes no express or implied warranties, including without limitation warranties of title, noninfringement, merchantability, or fitness for a particular purpose.
The services, the DSE site, without limitation, all products and services displayed or offered on the DSE site, and all text, graphics, links and applications are provided to client without warranty of any kind. DSE does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. DSE makes no express or implied warranties, including without limitation warranties of title, noninfringement, merchantability, or fitness for a particular purpose.
9) Illegal Material
Customer shall not, in any way, use the services provided by DSE for the staging of any illegal, immoral or unethical acts such as:
a) Illegal Material: Includes Copyrighted Works, Commercial Audio, Video or Music files.
b) Any and all software used for or related to Cyber Crime, including but not limited to Computer intrusion (i.e. hacking) and Password trafficking.
c) Counterfeiting of either copyrighted trademarks or currency.
d) The commercial distribution of MP3s, Music Files, Videos, Softwares or any other type of files which require the usage of an inordinately high
amount of bandwidth is strictly prohibited.
e) Child pornography.
f) Internet harassment.
g) Spamming.
h) The promotion of Online Gambling.
i) Trafficking in explosive or incendiary devices or firearms over the Internet.
j) Child Exploitation and Internet Fraud.
Customer shall not, in any way, use the services provided by DSE for the staging of any illegal, immoral or unethical acts such as:
a) Illegal Material: Includes Copyrighted Works, Commercial Audio, Video or Music files.
b) Any and all software used for or related to Cyber Crime, including but not limited to Computer intrusion (i.e. hacking) and Password trafficking.
c) Counterfeiting of either copyrighted trademarks or currency.
d) The commercial distribution of MP3s, Music Files, Videos, Softwares or any other type of files which require the usage of an inordinately high
amount of bandwidth is strictly prohibited.
e) Child pornography.
f) Internet harassment.
g) Spamming.
h) The promotion of Online Gambling.
i) Trafficking in explosive or incendiary devices or firearms over the Internet.
j) Child Exploitation and Internet Fraud.
10) Waiver
The failure of DSE to enforce any section(s) of this TOS Agreement shall not be interpreted as a waiver or limitation of DSE’s right to subsequently enforce and require strict observance of every section and provision of this TOS Agreement.
The failure of DSE to enforce any section(s) of this TOS Agreement shall not be interpreted as a waiver or limitation of DSE’s right to subsequently enforce and require strict observance of every section and provision of this TOS Agreement.
11) Account Cancellation
All requests for canceling any service / services must be made at least 2 weeks in advance by submitting a ticket to the billing department. The data on the server will be formatted automatically after seven days of suspension.
All requests for canceling any service / services must be made at least 2 weeks in advance by submitting a ticket to the billing department. The data on the server will be formatted automatically after seven days of suspension.
12) Email Issue
Client are agreed not to send any MASS or Bulk Email or any ILLEGAL email that contains spam email. If there is a complaint from authority department or cause the server HIGH LOAD, DSE will suspend the server without any priority notice
Client are agreed not to send any MASS or Bulk Email or any ILLEGAL email that contains spam email. If there is a complaint from authority department or cause the server HIGH LOAD, DSE will suspend the server without any priority notice
13) Disclaimer
DSE will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if DSE was advised in advance of the possibility of such damages. DSE’s maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim. DSE will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other DSE Customers or third parties accessing Customer’s data or assigned computers; (ii) security breaches; (iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using DSE’s service; (vi) Customer’s reliance on or use of the service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service; (viii) the accuracy, completeness, and usefulness of the service; or (ix) loss of data or loss of access to data. DSE’s limitations and exclusions of liability apply equally to DSE’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
DSE will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if DSE was advised in advance of the possibility of such damages. DSE’s maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim. DSE will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other DSE Customers or third parties accessing Customer’s data or assigned computers; (ii) security breaches; (iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using DSE’s service; (vi) Customer’s reliance on or use of the service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service; (viii) the accuracy, completeness, and usefulness of the service; or (ix) loss of data or loss of access to data. DSE’s limitations and exclusions of liability apply equally to DSE’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
Toll-Free 1800-88-DSMY (3769)
