Last Updated: 1 Jun 2018 By submitting the online order form, or by using BlueWeb Solution's service, Customer hereby agrees to BlueWeb Solution's Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy. Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of "us", "we", "our", and "ours" shall refer to BlueWeb Solution, a Malaysia corporation, and all its parents, subsidiaries, successors, and assigns. The usage of "you", "your", "they", and "them" shall refer to the Customer of BlueWeb Solution. Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, "BlueWeb Solution" shall refer to BlueWeb Solution, a Malaysia corporation, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, "BlueWeb Solution" and "BlueWeb Solution" shall have the same meaning and shall be interchangeable. Customer agrees that it shall comply with this TOS, BlueWeb Solution's Acceptable Use Policy (AUP), and BlueWeb Solution's No-Spam Policy (NSP). Customer further agrees that it has read BlueWeb Solution's Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word "Agreement," with a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively. 1. General Terms. In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions: 1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered. 1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order BlueWeb Solution's service for a certain minimum period of time. 1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable. 1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days. 1.5. BlueWeb Solution is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for BlueWeb Solution's services. 1.6. Customers agree to pay all taxes applicable to your account. 2. Agreement for Services. 2.1. BlueWeb Solution will provide, and Customer will purchase and pay for, the Web hosting services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement. 3. Payment. 3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to BlueWeb Solution. 3.1.1. Customer must pay in full for the Services before BlueWeb Solution begins to provide the Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that BlueWeb Solution may apply the amount due at any time to the credit card listed on file. 3.1.2. Setup fees will be charged and are due at the time of the Customer's initial request of the Services requiring setup. 3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a RM20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by BlueWeb Solution will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to BlueWeb Solution a "Processing and Collection" Fee of not less than Fifty (RM 50.00) Ringgit nor more than One Hundred Fifty (RM150.00) Ringgit. 4. Delinquent Accounts. BlueWeb Solution may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which BlueWeb Solution may be entitled under this Agreement or under applicable law. 5. Account Cancellation. Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the "Cancellation Request Form" which is provided on the BlueWeb Solution Web site. You can find the "Cancellation Request Form" at the following Web page: http://www.bluewebsolution.com/contact.php Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that BlueWeb Solution does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable. 6. Refunds and Disputes. IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO BLUEWEB SOLUTION ARE NONREFUNDABLE. All payments to BlueWeb Solution. are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in BlueWeb Solution Inc's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service. 7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement. 8. BlueWeb Solution reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following: 8.1. the Acceptable Use Policy , or 8.2. the No-Spam Policy . 9. Customer agrees to defend, indemnify, and hold harmless BlueWeb Solution, and the parents, subsidiaries, successors, assigns, employees and agents of BlueWeb Solution against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party. 10. BLUEWEB SOLUTION SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR 10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF BLUEWEB SOLUTION'S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR 10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. 11. BLUEWEB SOLUTION PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BLUEWEB SOLUTION DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND BLUEWEB SOLUTION SHALL HAVE NO LIABILITY THEREFOR. 12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEWEB SOLUTION DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 13. BLUEWEB SOLUTION DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET. 14. IN NO EVENT SHALL BLUEWEB SOLUTION BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE BLUEWEB SOLUTION NETWORK SITE OR ANY BLUEWEB SOLUTION NETWORK PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL BLUEWEB SOLUTION CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE THOUSAND RINGGIT (RM 1000). 15.No Waiver of Rights by BlueWeb Solution. Any failure by BlueWeb Solution to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of BlueWeb Solution's rights. 16. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF RM 1000.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE MALAYSIA ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. 17. Notices. 16.1. From BlueWeb Solution to Customer. BlueWeb Solution will notify you by e-mail of any notices that BlueWeb Solution is required to provide to you under this Agreement, at the most current e-mail address you have provided to BlueWeb Solution. By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that BlueWeb Solution has your most current e-mail address, and BlueWeb Solution shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that BlueWeb Solution sends to the most current e-mail address you have provided to BlueWeb Solution. 17.2. From Customer to BlueWeb Solution. Unless otherwise specified in this Agreement, notices to BlueWeb Solution shall be sent to the following address: BlueWeb Solution Attention: Legal Notices B1612, Dynasty Garden Condo, Jalan Kuchai Maju 12, Off Jalan Kuchai Lama, 58200 Kuala Lumpur Malaysia 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction. 19. Currency. All monetary amounts to which this Agreement refers shall be in Ringgit Malaysia. 20. Entire Agreement. This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and BlueWeb Solution, and supersedes any prior or previous agreements between you and BlueWeb Solution with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which BlueWeb Solution notifies you from time to time, pursuant to this Agreement. 21. No Oral Modification of this Agreement. This Agreement may not be modified orally. 22. Assignment. 22.1 Customer shall not assign or attempt to assign its obligations under this Agreement without BlueWeb Solution's prior and express written consent to such assignment. 22.2. BlueWeb Solution may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer. 23. Consent to Jurisdiction; Venue. Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined BlueWeb Solution. 24. Choice of Law. For all purposes, this Agreement shall be deemed to have been made within the State of Kuala Lumpur, Malaysia. This Agreement shall be governed by the laws of Malaysia. 25. Force Majeure. BlueWeb Solution shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of BlueWeb Solution. 26. Severability of Terms of this Agreement. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect. 27. Limitation of Actions Arising Under this Agreement. Any cause of action you may have with respect to BlueWeb Solution's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. 28. Denial of Service BlueWeb Solution reserves the right to refuse or discontinue service to anyone at our sole discretion. 29 No Free Service To Be Offered YOU may not use YOUR account or OUR services to offer any of the following kinds of FREE services but are not limited to: * Free Web hosting services; * Free e-mail services; * Free blogging services; * Free home pages; * Free image hosting; * Free trial accounts. There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following: First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services. Second, OUR customers, including OUR resellers, are all paying for prompt, reliable service and WE have built a solid reputation for delivering excellent service to them. WE cannot risk having unidentified persons damage OUR reputation. Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network. Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR servers to severe abuse and could harm US, all of OUR customers, and all the customers of OUR resellers. Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them. If YOU violate this prohibition on free services, WE may suspend or terminate YOUR account immediately, with or without notice, as WE in our sole discretion deem necessary to address the situation.