General Terms of Service
On May 16, 2018, we revised our Terms of Service to address all policies. You may review the revised sections below.
1.1 These Terms of Service (the "Agreement") are an agreement between IDC Thailand Co. Ltd. ("IDC Thailand Co. Ltd." or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by IDC Thailand Co. Ltd. and of the IDC Thailand Co. Ltd..com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1.2 Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
2. ACCEPTANCE OF TERMS
2.1 Capacity. You represent and warrant to IDC Thailand Co. Ltd. that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside and/or Thailand. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside and/or Thailand, do not request services from IDC Thailand Co. Ltd. unless your parent or guardian enters into the TOS on your behalf.
2.2 Please read the TOS carefully. By ticking the "I Agree" box on the order form for any service provided by IDC Thailand Co. Ltd., you are agreeing to be bound by the TOS and all Terms and Conditions incorporated by reference in the TOS. Your use of the services further confirms your acceptance of these TOS.
2.3 You represent and warrant to IDC Thailand Co. Ltd. that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside and/or Thailand. If you are unable or unwilling to do so, do not request services from IDC Thailand Co. Ltd..
2.4 It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. IDC Thailand Co. Ltd. is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the IDC Thailand Co. Ltd. Account and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. With dedicated server rentals and/or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
2.5 You agree to be fully responsible for all use of your account and for any actions that takes place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
2.6 Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
2.7 The Service and any data you provide to IDC Thailand Co. Ltd. is hosted in Thailand unless otherwise provided. If you access the Service from outside of the Thailand, you are voluntarily transferring information (potentially including personally-identifiable information) and content to Thailand and you are agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of Thailand, and not necessarily of the jurisdiction in which you are located.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "IDC Thailand Co. Ltd. Content"), and are the proprietary property of IDC Thailand Co. Ltd. or IDC Thailand Co. Ltd.'s licensors. IDC Thailand Co. Ltd. Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any IDC Thailand Co. Ltd. Content. Any use of IDC Thailand Co. Ltd. Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any IDC Thailand Co. Ltd. Content. All rights to use IDC Thailand Co. Ltd. Content that are not expressly granted in this Agreement are reserved by IDC Thailand Co. Ltd. and IDC Thailand Co. Ltd.'s licensors.
4. User Content
4.1 You may be able to upload, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to IDC Thailand Co. Ltd. that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
4.2 Using a shared hosting account as a backup and/or storage is not permitted. All files kept in your shared hosting account must be in use, any old unused files must be removed.. To ensure a fast & reliable service to all of our clients, IDC Thailand Co. Ltd.'s shared hosting accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server. Using a shared hosting account primarily for online images, file storage or archiving electronic files is prohibited. If you intend to host thousands of images or build an online archive you will be required to upgrade to a VPS.
4.3 Solely for purposes of providing the Services, you hereby grant to IDC Thailand Co. Ltd. a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, IDC Thailand Co. Ltd. does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
4.4 IDC Thailand Co. Ltd. exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through IDC Thailand Co. Ltd.'s computers, network hubs and points of presence or the Internet. IDC Thailand Co. Ltd. does not monitor User Content. However, you acknowledge and agree that IDC Thailand Co. Ltd. may, but is not obligated to, immediately take any corrective action in IDC Thailand Co. Ltd.'s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that IDC Thailand Co. Ltd. shall have no liability due to any corrective action that IDC Thailand Co. Ltd. may take.
5. Third Party Products and Services
5.1 IDC Thailand Co. Ltd. may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider.
5.2 IDC Thailand Co. Ltd. does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. IDC Thailand Co. Ltd. is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
5.2 IDC Thailand Co. Ltd. may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-IDC Thailand Co. Ltd. Products"). IDC Thailand Co. Ltd. shall not be responsible for any changes in the Services that cause any Non-IDC Thailand Co. Ltd. Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-IDC Thailand Co. Ltd. Products, either sold, licensed or provided by IDC Thailand Co. Ltd. to you will not be deemed a breach of IDC Thailand Co. Ltd.'s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-IDC Thailand Co. Ltd. Product are limited to those rights extended to you by the manufacturer of such Non-IDC Thailand Co. Ltd. Product. You are entitled to use any Non-IDC Thailand Co. Ltd. Product supplied by IDC Thailand Co. Ltd. only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-IDC Thailand Co. Ltd. Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-IDC Thailand Co. Ltd. Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
5.3 The Services may contain links to other websites that are not owned or controlled by IDC Thailand Co. Ltd. ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern these websites. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
6. Prohibited Persons (Countries, Entities, And Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the Thai Government. You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of International Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under International Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which a persons may not contribute without a Government license. Unless otherwise provided with explicit written permission, IDC Thailand Co. Ltd. also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
7. Account Security and IDC Thailand Co. Ltd. Systems
7.1 It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow 24 hours time for you to change or update your password before suspending your account.
7.2 The Services, including all related equipment, networks and network devices are provided only for authorized customer use. IDC Thailand Co. Ltd. may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
7.3 Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. IDC Thailand Co. Ltd. may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
7.4 Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by IDC Thailand Co. Ltd. of an issue, we reserve the right to leave access to services disabled.
7.5 IDC Thailand Co. Ltd. reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
8. Compatibility with the Services
8.1 You agree to cooperate fully with IDC Thailand Co. Ltd. in connection with IDC Thailand Co. Ltd.'s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, IDC Thailand Co. Ltd. is not responsible for any delays due to your failure to timely perform your obligations.
8.2 You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by IDC Thailand Co. Ltd. to provide the Services, which may be changed by IDC Thailand Co. Ltd. from time to time in our sole discretion.
8.3 You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. IDC Thailand Co. Ltd. does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content. More details below about on backup.
9. Billing and Payment Information
9.1 It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
9.2 Unless otherwise provided, you agree that until and unless you notify IDC Thailand Co. Ltd. of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. Cancelations are done through your Account Manager, we will not accept cancelations through email.
9.3 All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding the day after the due date will have the services suspended. Any service that has not been paid for more than ten (10) days after the due date will result in termination of Services, if there is a special circumstance then you should open a support ticket in a timely manner to discuss that circumstance. Access to the account will not be restored until payment has been received. VPS and Dedicated have five (5) days after due date to remit payment otherwise they will be subject to being reclaimed and all content deleted.
9.4 It is solely your responsibility to notify IDC Thailand Co. Ltd.'s Billing department via a support ticket created from our Account Manager after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and IDC Thailand Co. Ltd. is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date. If you fail to make a due date domain payment (20) days after the due date ICANN places the domain in redemption which costs 8000 Baht to have it released, if you leave it in redemption the domain will become available to the open market, if someone placed a bid on the domain before its due date they will receive the domain in which there is no way to retrieve it.
9.5 It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. IDC Thailand Co. Ltd. may report any such misuse or fraudulent use, as determined in IDC Thailand Co. Ltd.'s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
9.6 You have ninety (90) days to dispute any charge or payment processed by IDC Thailand Co. Ltd.. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
9.7 IDC Thailand Co. Ltd. complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. IDC Thailand Co. Ltd. does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
10. Money-Back Guarantee
10.1 Customers may cancel at any time via the cancellation link located in there account manager, emails will not be considered as a cancellation requests. IDC Thailand Co. Ltd. does not provide a money back guarantee, if you are unsure if our web hosting fits your needs please open a support request ticket to discuss your exact needs. IDC Thailand Co. Ltd. will not be held responsably for any third party scripts provided through the apps installer, it is your responsability to understand what you are installing and check with the builders of those scripts, IDC Thailand Co. Ltd. provides them purely as a courtesy. It is your sole responsability to keep all files in your hosting account up to date, files found to be outdated and/or a security risk IDC Thailand Co. Ltd. reserves the right to remove the script/s with or without further notice.
There are no refunds on shared hosting, reseller hosting, dedicated servers, VPS hosting, administrative fees, install fees for custom software, or domain name purchases.
11.1 You may cancel a Services by giving IDC Thailand Co. Ltd. written notice via the cancellation form provided in our Account Manager. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) IDC Thailand Co. Ltd. may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation request and have confirmed all necessary information, we will cancel service. You should immediately receive an automatic email stating that "Your request has been received and/or your services have been canceled. We require all cancellations to be done through the Account Manager in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
12.1 Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify IDC Thailand Co. Ltd.'s Billing department via a support ticket created from our Account Manager to cancel any domain registration at least thirty (30) days prior to the renewal date. All domain registrations and renewals are final.
13. CPU, Bandwidth and Disk Usage
13.1 All use of hosting space provided by IDC Thailand Co. Ltd. is subject to the terms of this Agreement
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. IDC Thailand Co. Ltd. expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement. IDC Thailand Co. Ltd. may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of IDC Thailand Co. Ltd.'s terms and conditions. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased and you may store files within them.
13.2 All of our services unless otherwise stated come with unlimited bandwidth, including VPS and Dedicated servers. This does not mean you can deploy a service and try to intentionally run 10Gbps from a 1gbps connection, intentionally overusing bandwidth your service will be suspended. Should your account bandwidth usage be deemed severe, we will notify you to discuss better options
14. Uptime Guarantee
14.1 If your shared or reseller server has any physical downtime that falls short of the 90% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance or emergencies that could not be foreseen. Approval of any credit is at the sole discretion of IDC Thailand Co. Ltd. and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit our Account Management system to create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared and reseller solutions.
15. Reseller Terms and Client Responsibility
15.1 Resellers shall ensure that each of their clients complies with this Agreement.
15.2 Resellers are responsible for supporting their clients. IDC Thailand Co. Ltd. does not provide support to clients of IDC Thailand Co. Ltd.'s resellers. If a reseller's client contacts IDC Thailand Co. Ltd., IDC Thailand Co. Ltd. reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
15.3 Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. IDC Thailand Co. Ltd. will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
15.4 IDC Thailand Co. Ltd. is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify IDC Thailand Co. Ltd. from and against any and all claims made by any User arising from the reseller's acts or omissions.
15.5 IDC Thailand Co. Ltd. reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by IDC Thailand Co. Ltd..
15.6 Resellers in the IDC Thailand Co. Ltd. Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
15.7 Resellers are responsible to notify us in advance if a website they plan to host is a website with high resource usage, Joomla, Megento, and Wordpress can be websites that require special needs, it is your responsibility to advise us of these sites. If you host a site with high resource needs and it affects the servers performence creating: downtime and/or no connections because of these sites using all of the resources, you will be responsible for the costs associated with the downtime.
16. Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
17. Dedicated Servers
IDC Thailand Co. Ltd. reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. IDC Thailand Co. Ltd. reserves the right to audit dedicated servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than five (5) days may be subject to deletion which will result in the loss of all data on the server. IDC Thailand Co. Ltd. will not be liable for any loss of data resulting from such deletion.
18. VPS Servers
IDC Thailand Co. Ltd. reserves the right to reset the password on a VPS server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. IDC Thailand Co. Ltd. reserves the right to audit VPS servers as needed and to perform administrative actions at the request of our datacenter. VPS servers are NOT backed up by us. It is your responsibility to maintain backups. We do offer an additional plan to backup VPS's for an additional cost, it is your responsability to purchase it or request to purchase it. VPS servers that have invoices outstanding for more than five (5) days may be subject to deletion which will result in the loss of all data on the server. IDC Thailand Co. Ltd. will not be liable for any loss of data resulting from such deletion.
19. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, IDC Thailand Co. Ltd. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. IDC Thailand Co. Ltd. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. IDC Thailand Co. Ltd. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
You agree to indemnify, defend and hold harmless IDC Thailand Co. Ltd., our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
21. Independent Contractor
IDC Thailand Co. Ltd. and User are independent contractors and nothing contained in this Agreement places IDC Thailand Co. Ltd. and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
22. Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the province of Bangkok. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
IDC Thailand Co. Ltd. shall not be responsible for any damages your business may suffer. IDC Thailand Co. Ltd. makes no warranties of any kind, expressed or implied for the Services. IDC Thailand Co. Ltd. disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by IDC Thailand Co. Ltd. or our employees.
24. Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided as a courtesy. IDC Thailand Co. Ltd. is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred, and to maintain all appropriate files and data stored on IDC Thailand Co. Ltd. servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by IDC Thailand Co. Ltd..
As a courtesy we perfom daily backup up client accounts to an offsite server up to 20GB or 300,000 Inodes. If your files take up more space than this you can purchase backup storage from the addons section in your account manager.
Without purchasing backup storage if there are any issues with data or a server crashed we will not have any stored backups and it is your responsibility to have copies of your files in order for you to recover your data.
25. Disclosure to Law Enforcement
IDC Thailand Co. Ltd. may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
26. Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
27. Changes to the Agreement or the Services
27.1 IDC Thailand Co. Ltd. may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will indicate on this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
27.2 IDC Thailand Co. Ltd. reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
29. Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of IDC Thailand Co. Ltd.. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. IDC Thailand Co. Ltd. may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
30. Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
31. Unacceptable Material
Examples of unacceptable material on all services and/or servers include:
• Lese majeste
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
We reserve the right to refuse service to anyone, any material, that in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner, it may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 2 hours may result in termination of your services. All abuse issues must be dealt with via support tickets. If you have been advised and haven't responded you have already been advised to keepo contact information updated so we may reach you thus it will be considered that you have been advised
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita, Nude child Anime, etc). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Violations will be reported to the appropriate law enforcement agency.
32. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Verified subsciption lists obtained by a form on your website in which the submitted email has gone through verification, is not considered spam, you are allowed to bulk mail those users, but you must follow the CANSPAM act.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
IDC Thailand Co. Ltd. reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its policies, or to make any such modifications in an emergency at its sole discretion. IDC Thailand Co. Ltd. reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of IDC Thailand Co. Ltd..