Citipage Service Agreement
(Accepted Uses and Content Policy)
The policies and guidelines expressed herein
supplement the rights and obligations of the parties under the Service
Agreement for hosting services
This document establishes operating principles and acceptable use
policies as they relate to the Customer's use of the Internet and
the connection/services provided by Citipage to the Customer under
the Service Contract Agreement.
1. SERVICE DESCRIPTION
Citipage provides a web server that is integrated into the Internet.
Citipage provides its server as a gateway from the server of various
customers into the Internet, for which Citipage charges a fee. After
an account has been setup and any data has been uploaded to the
site, Citipage retains judgment as to what refund if any is applicable
in the event of a cancellation of service.
2. SERVICE USAGE
A. Legal Parameters: This service may be utilized only for lawful
purposes, and the usage of the service in connection with or adjunct
to any matter or thing which violates any foreign or local regulation
is prohibited. Client agrees to indemnify and hold harmless Citipage
from and against any and all claims, actions, causes of actions,
administrative or government action, losses or damages (including
legal fees and expenses) arising from the usage by client.
B. Unilateral Service Revocation: In the
event that Citipage, at any time, believes that the service is being
utilized by the client in contravention of the terms and provisions
of this contract, Citipage may, at its sole discretion, immediately
discontinue such service to client, without liability other than
for the refund of unearned prepaid service fees.
3. NO WARRANTIES
With respect to the service to be provided hereunder, client acknowledges
that Citipage makes absolutely no warranties whatsoever, express
or implied, including warranty of merchantability or fitness of
this service for a particular purpose. As a result, client agrees
that Citipage shall not be liable to client or any of its customers
for any claims or damages which may be suffered by client or its
customers, including, but not limited to, losses or damages of any
and every nature, resulting from the loss of data, inability to
access Internet, or inability to transmit or receive information,
caused by, or resulting from, delays, non-deliveries, or service
interruptions whether or not caused by the fault or negligence of
Citipage. Client hereby agrees to indemnity and hold harmless Citipage
from any and all claims of whatever nature brought by any of client's
customers against Citipage.
4. USE OF INFORMATION
The utilization of any data or information received by client or
its customers from the utilization of the service to be provided
by Citipage is at client and its customer's sole and absolute risk.
Citipage specifically disclaims and denies any responsibility for
the completeness, accuracy or quality of information obtained through
the services to be provided hereby.
5. DOMAIN NAME
If Citipage shall acquire an Internet Domain Name on behalf of the
client, then in such case the client hereby waives any and all claims
which it may have against Citipage for any loss, damage, claim or
expense arising out of, or in relation to, the registration of such
Domain Name in any on-line or off-line network directories, membership
lists or registration lists, or the release of the Domain Name from
such directories or lists following the termination of services
by Citipage for any reason. Any costs of Citipage in obtaining or
maintaining a domain name for client shall be immediately reimbursed
to Citipage upon invoice from Citipage to client.
6. SERVICE FEES AND INVOICING
Client shall pay the initial fees set forth below, prior to the
commencement of service. Thereafter, client shall be invoiced in
advance for a minimum three (3) month period, at least fifteen (15)
days prior to the expiration of the then current three (3) month
period. Payment of the service fee is due prior to the first day
of said three (3) month period. In the event that client shall fail
to pay for such services in advance of that three (3) month period,
then Citipage shall be entitled to unilaterally terminate this agreement
and discontinue the service of client or the applicable account
for which payment has not been received. The indemnification and
limits of liability provisions of paragraphs 2 and 3 shall survive
any such termination. Upon payment of the charges due hereunder,
Citipage may, at its sole discretion, reinstitute service, at which
time all terms and conditions of this contract shall continue in
full force and effect. Any service disconnection or suspension shall
require a HK reconnect fee. Additional fees, if applicable, will
be billed at the time of order, with payment due within ten (10)
days thereafter: These fees are applicable for additional: disk
space, data transfer, POP3/forwarding e-mail accounts or mail list
7. PAYMENT PLANS
Client shall have available the payment plans detailed within this
site. All support inquiries are to be initiated via e-mail to: email@example.com.
Citipage will make a diligent effort to resolve any problem related
to Citipage 's hardware or supporting software. Only after e-mail
inquiries have failed, will Citipage provides support via telephone
at (852)-2376 0169 7.
8. CANCELLATIONS Any cancellation of services
must be requested through the Citipage Online Web Hosting Sales
office at (852)-2376 0169.
9. SCOPE OF AUTHORITY
Client has no authority, apparent or otherwise, to contract for,
or on behalf of Citipage, or in any other way legally bind Citipage
in any fashion, nor shall client be authorized to make any representations
about Citipage or its services other than to reiterate to its clients
Citipage 's responsibilities as outlined in this agreement.
10. CHANGES IN TERMS OF AGREEMENT
Citipage reserves the right to make changes to the above terms and
conditions of this agreement upon sixty (60) days written notice
to client, advising of the change and the effective date thereof.
Changes in monthly service fees shall become effective only at the
end of any calendar quarter for which client has prepaid for the
respective quarter. Utilization of the service by the client and/or
its customers following the effective date of such change shall
constitute acceptance by client of such change(s) in terms.
A. Venue: Should any dispute arise under the terms of this contract,
the parties agree that venue for resolution of said dispute shall
be in Hong Kong Special Administrative Region, People's Republic
B. Attorney's Fees and Expenses: Should any
legal action be instituted to enforce the terms and conditions of
this agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and expenses incurred at both the trial
and appellate levels.
12. ENTIRE AGREEMENT AND SEVERABILITY This
instrument constitutes the entire agreement between the parties,
and represents the complete and entire understanding of the parties
with respect to the subject matter of this agreement. This instrument
supersedes any other agreement or understanding between the parties,
whether written or oral. In the event that any term or provision
of this instrument is held by a court of competent jurisdiction
to be unenforceable, then the remaining provisions of this instrument
and the agreement which it evidences, shall remain in full force
The Internet is a voluntary association of users interested in and
willing to exchange information and data with other Internet users.
At present there is no oversight group providing governance over
the principles, policies or procedures for use of the Internet or
the information and data accessed via the Internet. In order to
facilitate their contractual relationship the Customer and Citipage
wish to define a working protocol of principles and policies and
establish operating guidelines and acceptable standards of use of
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect - The Internet is a network intended
for use by mature, adult users. The Customer recognizes this principle
and undertakes at all times to act with respect, courtesy and responsibility,
giving due regard to the interests and rights of other Internet
user groups. This general guideline carries with it the following
a) Knowledge of the Internet - The Customer
agrees to obtain a basic knowledge of the Internet and its operating
principles and procedures.
b) Improper Uses - The Customer will avoid
violation of certain generally accepted guidelines on Internet usage
such as restrictions on mass mailings and mass advertisements, pirating
or copying of software, mail bombing or other methods of attempting
to deny service or access to other users, and attempts to violate
security, attempts to violate security.
c) Compliance with Laws - The Customer will
ensure that its use of the Internet complies with all applicable
local law and regulation, including but not limited to those principles
of law which protect against compromise of copyrights, trade secrets,
proprietary information and other intellectual property rights,
libel or defamation of character, invasion of privacy, tortuous
interference, and export of technical or military data to prohibited
d) Validation of Information - The Customer
is responsible for validating the integrity of the information and
data it receives or transmits over the Internet.
e) Security - The Customer is required to
protect the security of its Internet account and usage. The Customer(s)
password will be treated as private and confidential and not disclosed
to or shared with any third parties.
f) Discretion and Judgment - The Customer
is expected to use discretion in the treatment and handling of Internet
information and data and to take particular care to insure that
adult information is not transmitted to juvenile users of the Internet.
Pornography - Due to legal and social issues, we will not accept
any new customers who publish pornographic images. If an existing
customer publishes pornographic images, Citipage may issue a warning
and/or suspend your account.
g) Excessive CPU usage - Customers will not
be allowed to use excessive amounts of CPU processing on any of
our servers or face immediate suspension. For example: 1) a few
customers have tried reselling our counters or auto-responders to
the rest of the world which caused an excessive amount of requests
on our server(s). 2) E-mail bombs. 3) Reselling CGI access to other
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