TERMS AND CONDITIONS
i838.com provides World Wide Web page hosting. i838.com reserves the right to suspend or cancel a customer's access to any or all services provided by i838.com when i838.com decides that the account has been inappropriately used or otherwise.
i838.com reserves the right to refuse service and /or access to its servers to anyone.
i838.com do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, gambling site and any material in violation of any Federal, State or Local regulation & Law.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of i838.com. However, on Dedicated Server hosting plan, Adult Materials are allowed unless the materials bleaches Hong Kong Laws.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Spamming - Includes sending promotional emails with links on our server / sender's domain hosted in our server to recipients not agreeing to receive this kind of emails, no matter the e-mail is sent from our SMTP server or not. The definition of Spamming will follow the normal US & SpamCop practice.
Chat Room, Forum, Message Board & Download Sites (for web hosting only) - In order to maintain the stability of our server farms, sites mainly with one or all of the functions above are strictly prohibited. This restriction is NOT imposed on Dedicated Server Plan.
In rare cases, i838.com may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, i838.com reserves the right to impose the High Resource User Policy for the consideration of all customers, stop providing service and delete the account and all materials immediately.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
i838.com may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available i838.com reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may also be offered an option whereby i838.com continues hosting the website for an additional fee, but this is not a necessary service provided from i838.com.
All accounts are set up on a prepay basis. Although i838.com reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
CANCELLATION AND REFUNDS
i838.com reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. Hoever, if a customer contravenes i838.com' 's terms of service a refund will not be issued in the event of a cancellation.
Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by i838.com & they have not voilate this Terms and Conditions. In addition some accounts incur set-up fees, these charges are also non-refundable.
Customer should do their own backups. i838.com is NOT responsible for any data loss due to account cancellation and / or server mal-functions.
Customer agrees that it shall defend, indemnify, save and hold i838.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against i838.com , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless i838.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with i838.com ' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from i838.com server.
i838.com will make use of the e-mail address(es) registered with us for communications, unless otherwise specified. However, for password and personal information related issue, only this e-mail address will be used for verification purpose. It is the client's responsibility to notify i838.com for the change of e-mail address, by sending us a Notice of Change through the original e-mail address.
i838.com will not be responsible for any damages your business may suffer. i838.com makes no warranties of any kind, expressed or implied for services we provide. i838.com disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by i838.com and its employees. i838.com reserves the right to revise its policies at any time.
i838.com reserves the rights to change the Terms and Conditions with prior notice.