WHEREAS , QUAPE PTE LTD (“QUAPE PTE LTD”) of 8 Burn Road #15-11 Singapore 369977 is a Internet Content service provider connected to the Internet.
QUAPE PTE LTD provides at the following website: www.quape.net , (“QUAPE PTE LTD Website”) QUAPE PTE LTD Singapore Broadband Web Hosting Services over the Internet through access to its Web Server, FTP Server and SMTP & POP Mail Server services.
WHEREAS , the Client seeks to utilize QUAPE PTE LTD’s services for its own purposes;
WHEREAS , the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, QUAPE PTE LTD can make no guarantee that any given reader shall be able to access QUAPE PTE LTD’s network(s) at any given time. QUAPE PTE LTD represents that it shall make every good faith effort to ensure that its network(s) is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE , in consideration of the mutual promises contained herein, the Client by accessing and using the Services, agree to be bound by all of the following Terms and Conditions of use ( “the Agreement” ) and any operating rules, policies, and procedures that may be published from time to time on this Website by QUAPE PTE LTD:
In this Agreement, unless the context otherwise provides, the following terms shall have the following meanings:
“Client” means a person, or body whether corporate or unincorporated who seeks to purchase/ utilize the Services;
“Charges” means the charges for the Services specified in a price quotation or a request for Services;
“Confidential Information” means any information disclosed from one party to another pursuant to or in connection to this Agreement including technical information relating to the Service and the Equipment (whether orally or in writing and whether or not such information is expressly stated to be confidential and marked as such)
“Equipment” means equipment belonging to QUAPE PTE LTD for the provision of the Services which includes web servers, application servers, database servers, routers and switches, and all related telecommunications connectivity ;
“Services” means any or all of the following services, being, QUAPE PTE LTD Broadband Web Hosting Services, Free Trial Service, Shared Web Hosting, Dedicated Web Hosting, Power Server, Dedicated Server, VPS, Premium VPS and / or Cluster Hosting packages;
“Intellectual Property Rights” means any or all of the trademarks, trade names, patent, copyright or other industrial or intellectual property right subsisting in the relevant territory;
“Client’s Website” means sites created and hosted on QUAPE PTE LTD Website;
“QUAPE PTE LTD Website” means either www.quape.net offering hosting and transfer services over the Internet through access to its Web Server, FTP Server and SMTP and POP Mail Server services.
2. Term of Agreement
2.1 This Agreement commences when:
(a) QUAPE PTE LTD receives a duly completed and executed request for Services from the Client; or
(b) when the Client commences using the Services.
2.2 This Agreement comes into effect on commencement and shall continue in force until terminated by either party. The Agreement upon expiry of the Original Term shall be automatically renewed for a further period of 1, 3, 6, 12 or 24 months (vary from hosting services), as the case may be on the same terms and conditions herein ( save for any revisions or changes made by QUAPE PTE LTD and published on-site ), unless or until terminated by either party earlier in accordance with clause 10. A renewal invoice will be sent to the Client one month prior to expiry of the Original Term.
3.1 Provision of the Service and commencement thereof is conditional upon:-
(a) the Client’s provision of its own equipment , including computer, modem, necessary to establish connection to the Services;
(b) provision by the Client of current , complete and accurate information about the Client as prompted to do so by the registration form/ as requested by QUAPE PTE LTD ;
(c) maintain and update such registration information as required to keep such information current , complete and accurate;
(d) acceptance of the terms and conditions herein.
3.2 If any registration data that the Client provides is untrue, inaccurate, not current or incomplete, QUAPE PTE LTD reserves the right to terminate the Client’s account and the Client’s rights to use the Services.
4. Domain Name Registration:
If QUAPE PTE LTD shall acquire an Internet Domain Name on behalf of the Client, Internic (or a local NIC) will invoice the Client separately for the name. In this respect , please refer to current prevailing charges as set out in the respective Internic or local NIC websites ( as at March 2006, global domains .com .net .org charges are S$15 per year, local domains .com.sg .org.sg charges are S$48 per year as at Feb 2009). The Client hereby waives any and all claims which it may have against QUAPE PTE LTD, 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 the providing of this service by QUAPE PTE LTD for any reason. For Domain name order online is not reserved until full payment is received and depending on availability at the point of processing.
Domain name privacy is optional and not available to some TLDs e.g. sg Domains.
You agree that for each Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:
Your name, address, email address, postal address, phone and fax numbers;
The name, address, email address, postal address, phone and fax numbers for the Domain’s administrative, technical, and billing contacts;
The primary and secondary domain name servers for the IDP Domain;
Adhere to the guidelines, requirements, terms and conditions stipulated by the repecitive network information center (NIC). For example; SG domains registration policy and procedures guidelines can be found here.
You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your Domain(s), as more fully set forth in section 6 below.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.
After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry’s registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.
In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $160 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $160 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.
In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to “Expiration Recovery” and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must a statement authorizing payment of the reinstatement fee to such credit card, which is USD$160 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.
4.1 DNS hosting is provided free to customer at ns01, ns02, ns03, ns04 ns05, ns06, ns07, ns08, ns09 and ns10.quape.net. Free DNS hosting and service are recognized as the authoritative source for DNS entries in your domain or domains, QUAPE PTE LTD is not obligated to ensure that (a) your DNS records are correctly configured, (b) your DNS entries will be properly resolved, or (c) QUAPE PTE LTD’s DNS will be continuously available on an uninterrupted basis. You acknowledge that it is your responsibility to test QUAPE PTE LTD’s implementation and administrate your DNS entries or your DNS hosting at your own via QUAPE PTE LTD control panel and notify QUAPE PTE LTD of any misconfiguration or error in that implementation.
In the event that your DNS hosting arrangement with QUAPE PTE LTDis terminated, you agree that QUAPE PTE LTD has no obligation to provide DNS files, settings, or any other material related to your DNS entries in QUAPE PTE LTD DNS system to you or any third party, and you agree that QUAPE PTE LTD has no obligation to forward DNS requests to or from your new DNS host.
4.2 Domain Registration Agreements:
ICANN Uniform Domain Name Dispute Resolution Policy
ICANN’s Registrants Rights and Responsibilities
Tucows Registration Agreement
Webnic Registration Agreement
IP Mirror Registration Agreement
5 . Payment
5.1 Subject to terms provided in the QUAPE PTE LTD Billing Policy, QUAPE PTE LTD shall charge and the Client shall make payment for the provision of the Services in the manner and at the rates prescribed by QUAPE PTE LTD in the QUAPE PTE LTD Website.
5.2 Payment is accepted in Singapore Dollars.
5.3 The set-up fee and payment are due at the time the application and Agreement are filled out, and returned to QUAPE PTE LTD. Subsequent payments are due according to the selected fee schedule following the establishment of the web space or service on the Internet. Web space and services will be billed a minimum of 1 month or the minimum subscription period of a service in advance depending on the selected fee scheduled . Subsequent notice of pre-payments is provided two month before the expiry of the prescribed Service or the paid balance available, whichever is sooner, as per the selected fee schedule. In the event that the Client fails to pay for such services in advance, QUAPE PTE LTD shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. A reactivation fee (currently S$50) shall be charged.
5.4 In the case of a corporate client, the individual under whose name the order is made is also responsible for all payments due.
5.5 All payments due to QUAPE PTE LTD shall be made in the manner prescribed at the QUAPE PTE LTD Website under the Payment Selection web page. In the event that any of the sums due under this Agreement or any part thereof is unpaid for a period of 14 days after it is due, the Client shall pay interest at the rate of 2% per month from the date such sum was due until payment is received in full without prejudice to any other rights of QUAPE PTE LTD here under. QUAPE PTE LTD reserves the right to terminate or delete immediately any of the Virtual Environment(s) created beforehand should payment not be received by due date.
5.6 The Client shall pay any applicable Tax, imposition, duty, levy whatsoever (“the taxes”) which may be from time to time imposed or levied by any governmental, statutory or tax authority in Singapore on or calculated by reference to the amount of any sums receivable by QUAPE PTE LTD in relation to this Agreement.
5.7 If this Agreement does not terminate in accordance with clause 10 herein, and is renewed in accordance with clause 2.2, the Client will receive an invoice for charges for the new term via electronic mail and Client’s credit card is charged automatically by the expiration date of the Original Term or the expiry of any successive terms of this Agreement. Renewal prices are subject to change. It shall be deemed that by renewal of this Agreement for Services, the Client is agreeable to any revision of terms including price changes to this agreement.
5.8 By providing QUAPE PTE LTD with credit card information, Client expressly authorize QUAPE PTE LTD to automatically charge this card for any fees due on Client’s account, such as: renewal fees, upgrade fees and other billable items. Recurring fees will be charged to the Client’s credit card number until this card is removed from Client’s file or this Agreement is terminated in accordance with clause 10. To remove credit card information, the Client shall download the “Credit Card Details Removal Form” provided online at: http://www.quape.net/docs/CCRF.pdf complete and fax it to: +65 62557478
5.9 EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully.
The account will be setup within the next two (2) business days for Credit Card payment upon approval, and five (5) business days for Cheque payment, upon QUAPE PTE LTD receiving the set-up fee and payment of the Services except dedicated hosting & servers.
7. Material and Products
7.1 Client will provide QUAPE PTE LTD with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of QUAPE PTE LTD. QUAPE PTE LTD shall make no effort to validate this information for content, correctness or usability.
7.2 Use of QUAPE PTE LTD’s service requires a certain level of knowledge by Client in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client’s web space by the Client. The following examples are offered.
(a) Web Publishing: a good knowledge and command of HTML, properly locating and linking documents, uploading Web contents, graphics, text, sound, etc., as well as using FTP and a basic understanding of Telnet.
(b) Front Page web publishing: a knowledge and command of the Front Page tools as well as basic Telnet and FTP understanding.
(c) CGI Scripts: a knowledge and command of the UNIX shell environment, tar and gzip commands, Perl, shell scripts, permissions (chmod), ownership (chown), etc.
(d) Auto-responders: a knowledge and command of Majordomo auto-responder features, forwarding mail, use of mail clients to receive mail, etc.
(e) Dedicated Server: a knowledge and command of Linux Internet system administration to the extent required by Client’s specific use of the server.
7.3 The Client agrees that he or she has the necessary knowledge to create and maintain their web site. If the Client changes the configuration on the server in such a way that it no longer works, QUAPE PTE LTD will fix it for the Client at the prevailing rates (currently $70/ hour) charged on the basis of the minimum of 1 hour.
8. Operation of QUAPE PTE LTD Website
8.1 QUAPE PTE LTD will exercise no control whatsoever over the content or format of the information passing through its network or residing on its or its Clients’ servers. QUAPE PTE LTD will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. In the event that material provided by the Client is not “server-ready”, QUAPE PTE LTD may, at its option and at any time, reject and delete this material, including but not limited to after it has been put on QUAPE PTE LTD’s server(s).
8.2 QUAPE PTE LTD agrees to notify the Client of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of QUAPE PTE LTD. If the Client fails to modify the material, as directed by QUAPE PTE LTD, within a reasonable period of time, which shall be solely determined by QUAPE PTE LTD, the Agreement shall be deemed to be terminated.
8.3 Use of any information obtained by way of QUAPE PTE LTD is at the Client’s own risk, and QUAPE PTE LTD specifically denies any responsibility for the accuracy or quality of information obtained through its services or its representatives.
8.4 Connection speed represents the maximum speed of a connection and do not represent guarantees of available end-to-end bandwidth.
8.5 The Client agrees that QUAPE PTE LTD shall be entitled (but shall not be obliged) at any time, at QUAPE PTE LTD’s discretion and without prior notice, to temporarily suspend the operations of the Client’s Virtual Environment or part thereof for updating, maintenance and upgrading purposes, or any other purpose whatsoever that QUAPE PTE LTD deems fit. QUAPE PTE LTD specifically denies any responsibilities for any loss, liability or damages arising as a consequence of such unavailability.
8.6 QUAPE PTE LTD maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
8.7 QUAPE PTE LTD shall not be liable for non-performance or late performance of any obligation hereunder, to the extent and for such a period of time as such non-performance or late performance is due to reasons beyond its reasonable control, including but not limited to, act of God, civil or ethnic unrest, shortage or unavailability of labour, revolution or insurrection, war (whether declared or not), terrorist activity, religious events, bombings, blockages, embargoes, general labour strikes, power failures, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority or any governmental regulations imposed after the fact, import or export regulations or embargoes, acts or defaults of any telecommunications network operator, circumstances where communications lines (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers, fire, explosions, floods, earthquakes or any other natural disaster, chemical contamination, unavailability of equipment or components not caused by QUAPE PTE LTD’s act or default.
9. Internet Etiquette
9.1 Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of QUAPE PTE LTD may not be used to impersonate another person or misrepresent authorization to act on behalf of others or QUAPE PTE LTD. All messages transmitted via QUAPE PTE LTD should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
9.2 Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. QUAPE PTE LTD reserves the right to deactivate the Client’s Virtual Server account(s) upon an indication of such activity.
10. Suspension and Termination
10.1 This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice.
10.2 Notwithstanding the above, QUAPE PTE LTD may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement or upon an indication of credit problems including delinquent payments.
10.3 Termination shall be accompanied by a written or electronic notice to the other party. QUAPE PTE LTD shall not be liable to Client or any third party for termination of access to the QUAPE PTE LTD Website/ Services.
10.4 Upon termination of this Agreement, the Client’s use of the Services immediately ceases and the Client acknowledges and agrees that QUAPE PTE LTD may immediately delete files in the Client’s [account], bar further access to such files / Services.
10.5 The Client agrees that upon termination of this Agreement, the Client will pay any and all outstanding fees, charges and payments due to QUAPE PTE LTD in full within 30 days after termination.
10.6 Free services – QUAPE PTE LTD may terminate or suspend your access to the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. QUAPE PTE LTD has no obligation to store or forward the contents of your account. If there is any indication that you are using your account for illegal activity, your account will be terminated immediately and without further notice.
10.7 Free Email account hits the quota will be suspended automatically by our system, email users are responsible to maintain and keep their mailboxes within the limit, QUAPE PTE LTD will not hold any responsibility for any email not receive or undeliver for the email accounts had suspended.
11. Limitation of Liability
11.1 As a condition of the Client’s use of the Services, the Client agrees as follows:
(a) The Client expressly agrees that use of QUAPE PTE LTD’s Equipment is at the Client’s sole risk. The Client acknowledges and agrees that any material or data downloaded or otherwise obtained through the use of the Services and/or Equipment is done at the Client’s own discretion and risk and that the Client will be solely responsible for any damage to the Client’s own computer system or loss of data that results from the download or use of such material or data.
(b) QUAPE PTE LTD disclaims, in respect of the Services and/ or Equipment and use thereof, all warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance.
(c) QUAPE PTE LTD, makes no warranty that the Services and /or Equipment will not be interrupted or error free; nor does QUAPE PTE LTD make any warranty as to the results that may be obtained from the use of the Services and/or Equipment or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Services and/or Equipment.
(d) Under no circumstances whatsoever, (including negligence), shall QUAPE PTE LTD, its offices, agents or any one else involved in creating, producing or distributing QUAPE PTE LTD ‘s Server service be liable for any loss or direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the QUAPE PTE LTD Services and /or Equipment; or that results from mistakes, omissions, interruptions, deletion or loss of files, errors, defects, delays in operation, or transmission or any failure of performance, including without limitation, acts of God, communication failure, theft, destruction or unauthorized access to QUAPE PTE LTD ‘s records, programs or services.
(e) QUAPE PTE LTD shall not be liable for any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of QUAPE PTE LTD.
(f) Notwithstanding any other provision of this Agreement, the Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement. . In the event of system unavailability due to default of QUAPE PTE LTD, QUAPE PTE LTD expressly limits its damages to the Client for any such non-accessibility time or other down time to the prorated monthly charge during the said system unavailability provided always that QUAPE PTE LTD, is notified and given details within 48 hours of such incidence.
12. No Unlawful or Prohibited Use
12.1 As a condition of the Client’s use of the Services, the Client agrees that it will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Client shall not use the Services in any manner which could damage, disable, overburden, or impair any of the Service(s) (or the network(s) connected to any of the Service(s)) or interfere with any other party’s use and enjoyment of any of the Service(s). The Client shall not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any Service, through hacking, password mining or any other means. The Client shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
12.2 The Client acknowledges and is aware that transmission of any material in violation of any regulation of the Republic of Singapore is prohibited. This includes, but is not limited to copyright material, material that is considered threatening, obscene, pornographic, profane, and of trade secrets nature. This also includes links or any connection leading to such materials.
12.3 Internet Relay Chat: QUAPE PTE LTD Broadband Hosting Services currently prohibits its customers from operating IRC or IRC Bots on any of our web site hosting servers. On-line Conference Centers can be installed and used only as part of a dedicated servers available for purchase.
12.4 Spamming Not Permitted: You must not use any QUAPE PTE LTD Services and equipment or any email address hosted by QUAPE PTE LTD servers in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the QUAPE PTE LTD Services and equipment or any email address hosted by QUAPE PTE LTD. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one’s email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision. When any customer is found to have been engaged in spamming in violation of this agreement, QUAPE PTE LTD reserves the right to disable that customer’s web site without warning. In addition, QUAPE PTE LTD may impose a S$200 penalty for each spam policy violation. QUAPE PTE LTD solely reserves the right to refuse or cancel service to spammers. QUAPE PTE LTD reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. For additional information for Singapore control resoure centre please visit http://www.spamcontrol.org.sg.
12.5 Game Servers: QUAPE PTE LTD Broadband Hosting Services currently prohibits its customers from operating Game Servers on any of our web site hosting servers. Game Servers can be installed and used only as part of a dedicated servers available for purchase.
12.6 BitTorrent: We DO NOT allow any type of BitTorrent / Edonkey / Emule related materials. This includes stats counters, software/files linked to through a BitTorrent/Emule/Edonkey Client, or any other future technology related to such things. BitTorrent/Emule/Edonkey software consume far too many system resources, and could only be installed on a powerful dedicated server with our permission.
12.7 Warez Sites: Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. QUAPE PTE LTD has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
12.8 Other Unacceptable Content: Illegal Material or material that is against public policy, material that may be detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, etc., or anything else that may be considered detrimental or illegal.) QUAPE PTE LTD will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to terminate an account at any time for any reason without refund.
12.9 Network Abuse: Shared and VPS hosting accounts, operate on shared network resources. This means that there are several hosting accounts per server. Excessive use or “abuse” of these network resources by one customer have a negative impact on all other customers. In all fairness, you are not allowed to deliberately consume network resources in an excessive manner, this includes but is not limited to: CPU time, memory, disk space and each mailbox is limited to 200Mb maximum and recipients of 50 for shared hosting.. You are also not allowed to use resource-intensive programs that can negatively impact other customers or the performance of our systems including sending large volume of mails (example 200 mails or more at one time within 1 hour) which has congested the entire shared mail server and affecting the rest of the subscribers sharing the service or server, thus mass mailing activites are strictly prohibited on all Shared hosting plans. High network traffic and throughput is not a problem for QUAPE PTE LTD, but extreme network traffic or uploading and downloading can sometimes create problems. QUAPE PTE LTD’s servers are configured to shut off any account when its bandwidth allowance is exceeded. You are allowed to exceed your maximum bandwidth allowance without being shut off as long as you purchase additional traffic in advance at S$5.00 for each additional GB of throughput.
12.10 Banned Software: QUAPE PTE LTD Broadband Hosting Services currently prohibits its customers from operating the following programs and scripts on our servers:
* Any type of IRC software including IRC Egg Drops
* Any type of P2P networking software including: BitTorrent / Edonkey / Emule
* Any type of Proxy Servers
* Soap Mailers
* Anonymous Mailers
* Mail Bombers
* IP Spoofers
* Yabb, Iconboard (all versions)
* The Anonymizer
These programs and scripts are on the banned list because they either pose a serious security risk or generate a great load on hosting servers.
12.11 Responsibility of The Client for content
You may produce, electronically upload and maintain certain types of files on your web site. You hereby warrant that all files uploaded shall be owned or properly licensed by you and shall not adversely impact the services or violate any rights of any third parties.
You are responsible for all activity originating from your web site, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your web site that may be put on by a third party. You agree to not use the Service to:
(a) upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(h) intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
(i) “stalk” or otherwise harass another;
(j) collect or store personal data about other users;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
(l) establish a web site geared towards marketing any of the following: enlargement related surgery, viagra (or any similar products), and online gambling;
(m) establish a web site as a site which is referred to in a mass-marketing campaign whether by email or otherwise.
12.12 Responsiblity to keep Passwords private – The Clients receive a password to login to their account. The Client is entirely responsible for maintaining the confidentiality of their password and account username. In addition, the Clients are entirely responsible for any and all activities which occur under their account. The Clients may change their password at any time by using Control Panel provided
12.13 Fair Traffic Use Policy – For web hosting services with un-metered monthly traffic usage benefits, your usage should not be:
(a) Excessive: downloading or uploading more than the table stipulated below each month inclusive of incoming and outgoing web, email and other data traffic; or
(b) Unreasonable: use which may adversely affect our network, or other customersâ€™ use of our network and/or services; or
13. Data Recovery/Backups
QUAPE PTE LTD always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups–with or without QUAPE PTE LTD or control panel supplied backup software enabled, or may purchase a managed backup solution from QUAPE PTE LTD like the R1soft CDP backup service at the frequency of ONE backup daily.
As per our TOS, BACKUP and SERVER RELIABILITY section, your use of this service is at your sole risk. QUAPE PTE 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 backup of files and data stored on QUAPE PTE LTD nodes and servers.
14. Distributed Denial Of Service (DDoS)
No QUAPE PTE LTD resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, QUAPE PTE LTD will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.
15.1 Client agrees that it shall defend, indemnify, save and hold QUAPE PTE LTD, its subsidiaries, affiliates, directors, officers, managers, agents, employees harmless from and against any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees on an indemnity basis, (“Liabilities”) asserted or made by any third party, due to or arising or resulting from the Client’s use of the Services and/or Equipment or breach of any of the terms herein or any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns using the Services. Client agrees to defend, indemnify and hold harmless QUAPE PTE LTD against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Services and/or Equipment ; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Services.
15.2 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. QUAPE PTE LTD is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
16.1 Subject to terms provided in the QUAPE PTE LTD Reseller Agreement, the Client is allowed to resell the storage and transfer services provided by QUAPE PTE LTD. The Client agrees to handle and is responsible for all third-party customer’s content, support, set-up and maintenance.
16.2 The Client’s email accounts and POP accounts are strictly for its use ( which includes its employees/ staff ).The Client is not allowed to resell or provide for free, these accounts to any third parties If the server is resold, this restriction applies on the owner of the server as well.
16.3 The Client acknowledges and agrees that QUAPE PTE LTD Pte Ltd and its stuff shall not be responsible or liable, directly or indirectly, in respect of the Client’s use of QUAPE PTE LTD’s Reselling service. The Client further acknowledges and agrees that it is solely responsible or liable for any damage, loss caused or alleged to be caused by or in connection with use or reliance on the aforesaid services offered by the Client pursuant to the Reselling service. The Client shall be responsible to the third party in respect of all queries relating to the services offered. Thus, if the Reseller anticipates offering a particular feature, the Reseller must have a thorough knowledge of the feature.
16.4 The Reseller agrees and warrants that he or she has the necessary knowledge to create and maintain the third party’s anticipated Webspace. Reseller agrees that it is not the responsibility of QUAPE PTE LTD to provide this knowledge or client Support outside of the defined service of QUAPE PTE LTD.
17. Hosting Fees, Downgrading and Refund Policy
17.1 All hosting fees (prices) are subjected to change and will be updated on QUAPE PTE LTD web pages.
17.2 All hosting fees paid to QUAPE PTE LTD generally are not refundable, however in certain circumstances will be considered at the discretion of the Company Management.
17.3 Downgrading of plan is not allowed during the subscription period.
18. Modification of Terms and Conditions
18.1 QUAPE PTE LTD reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the charges associated with the use of the Services. Changes in the service fees will take effect at the end of the Clients’ prepaid term; the continuation use of the Services beyond the date of such change shall constitute acceptance by the Client of the Agreement.
19. Intellectual Property Rights
19.1 The Client acknowledges that the data, information and/or content, including but not limited to text, software (including any HTML, WML, java, java script, java or CGI script or any other computer code), music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material, used in connection with, incorporated or contained in or presented to the Client through the QUAPE PTE LTD Website (all the aforementioned data, information, content and/or materials to be collectively referred to as “Content”) are the exclusive property of QUAPE PTE LTD and/or its third party licensors and are protected by intellectual property laws, including but not limited to, copyright and trademark laws.
19.2 The Client warrants that it has the right to use the materials (including any images and applicable trademarks) displayed in/ on the QUAPE PTE LTD Website and agrees to grant QUAPE PTE LTD a non-exclusive, world-wide royalty-free, irrevocable license and right to use (which will include the right to copy, reproduce and/or publish) the aforesaid materials (including any images and applicable trademarks) displayed in /on the QUAPE PTE LTD Website or any part thereof as well as to exercise all copyright and rights of publicity over such materials, including the use of such materials or part thereof in any advertising material.
19.3 No part of parts of the Content hereof may be reproduced, distributed, republished, commercially exploited, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of QUAPE PTE LTD provided that permission is granted to download and/or print the materials from the QUAPE PTE LTD Website for personal, non-commercial use only and further provided the Client does not modify the materials and retains all copyright and other proprietary notices contained in the materials. The Client may not, without QUAPE PTE LTD’s permission, create derivative works from the Content or insert a hyperlink to the QUAPE PTE LTD Website or “mirror” any material contained on the QUAPE PTE LTD Website on any other server. Further, the name of QUAPE PTE LTD or any other trade mark, name of logo belonging to or used by QUAPE PTE LTD (collectively, “Trade Marks”) may not be used in any way, including in advertising or publicity pertaining to distribution of materials, without prior written permission. QUAPE PTE LTD prohibits use of any or all of the Trade Marks as a “hot” link to any other site unless establishment of such a link is approved in advance by QUAPE PTE LTD in writing.
20.1 All notices to a party shall be in writing and shall be made via e-mail to [email protected] PTE LTD.net for notices to QUAPE PTE LTD or to the e-mail address that the Client provides to QUAPE PTE LTD as part of the registration data for notices to the Client, or such other address as either party may specify from time to time.
20.2 Notice shall be deemed given 48 hours after the e-mail is sent to the last email address provided by the Client.
20.3 As an alternative, notices may be sent by registered mail to QUAPE PTE LTD at the address provided by the Client, if any or to the mailing address that the Client had provided during the registration stage.
20.4 QUAPE PTE LTD may also broadcast notices or messages on the QUAPE PTE LTD Website on other matters of importance and in such event, such broadcast shall constitute as valid notice to the Client.
21. General Provisions
21.1 In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any remaining provisions.
21.2 QUAPE PTE LTD and the Client agree to allow a court or arbitrator to replace such invalid, unenforceable or void provision with a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable or void provision.
21.3 QUAPE PTE LTD ‘s failure to act with respect to a breach by the Client does not waive its right to act with respect to subsequent or similar breaches.
21.4 This Agreement shall exclusively be governed by and construed in accordance with the laws of the Republic of Singapore . The Client hereby consents to submit to the exclusive jurisdiction of the Singapore courts.
21.5 This Agreement and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
21.6 Nothing in this Agreement shall be deemed to constitute either party as the agent or representative of the other party, or both parties as partners for any purpose.
22. Linked Third Party Sites
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by QUAPE PTE LTD of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by QUAPE PTE LTD., and QUAPE PTE LTD. is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
The Client acknowledges as follows:
(a) the Client has read understood and accepts the terms of this Agreement;
(b) that this Agreement has the same force and effect as a signed agreement.
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