Question
FAQ'S
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Local Contact Services, is a service solution based on the country's specific requirements and conditions for Domain Name with local presence. You may need to nominate Netz System & Solution Sdn Bhd (NSSSB), as your local administrative contact during the process of a new Domain Name registration. For more information, please refer our
"Local Contact Services Agreement".
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Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as ToS or TOS and TOU) are rules which one must agree to abide by in order to use a service. Terms of service can also be merely a disclaimer. For more information about max.com.my Terms of Service, please click here.
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An Acceptable Use Policy (AUP), acceptable usage policy or fair use policy, is a set of rules applied by the owner, creator or administrator of a network, website, or service, that restrict the ways in which the network, website or system may be used and sets guide lines as to how it should be used. For more information about max.com.my Acceptable User Policy, please click here.
Max.com.my
Local Contact Services Agreement
IT IS NOW HEREBY AGREED by and between the Parties as follows:-
These terms & conditions of appointment sets forth the terms and conditions which govern the appointment of Netz System & Solution Sdn. Bhd. ("NSSSB") as the local contact for the Registrant as named in Schedule 1 herein.
By registering the domain name through ICANN Accredited Registrar, i-Skill Dynamics Sdn Bhd, dba www.max.com.my("Registrar"), Registrant hereby consent to appointNSSSB as the Registrant's local contact, the Registrant accepts and agrees to be bound by all the terms and conditions of this Agreement and the Registrar's applicable rules, policies and procedures, as amended and supplemented by the Registrar from time to time.
This Appointment shall be read together with the Domain Name Registration Agreement ("Registration Agreement") and words and phrases used in this Policy shall have the same meaning attributed to them in the Registration Agreement unless otherwise specified or the context clearly otherwise requires.
1. INTERPRETATION
1.1 In this agreement, unless inconsistent with the context thereof or otherwise indicated, the following terms shall have the following meanings:-
- "Appointment" - means the appointment of NSSSB in accordance to the terms and conditions herein appearing, subsequent amendments as agreed in writing and counter-signed by both Parties, subsequent extensions/renewals thereto in writing and such other documents which are expressly agreed to form part of this Appointment;
- "Commencement Date" - means date of creation of the domain name registered through Registrar or upon the date of the domain name successfully transferred to Registrar;
- "Confidential Information" - means all oral and written information of any kind submitted by either Party to the other for purposes relating to this Appointment, whether in electronic printed or whatsoever format, irrespective of whether such information were disclosed before or after the Commencement Date or whether they were labelled as "confidential" at the time of disclosure;
- "Force Majeure" - means an act, omission or circumstance relied on by either one Party hereto over which that Party could not have reasonably exercised control, including but not limited to acts of God, acts of government / authorities, new or amending regulations imposed after the date of this Appointment, general strikes, fire, lockouts, riots, war, epidemics, earthquakes and other natural disasters;
- "Intellectual Property" - means at any given point in time, all of the following and all rights in, arising out of, or associated therewith: (i) all trade secrets, know-how, proprietary information, technical data, improvements, technology, documentation, designs, specifications, protocols, files, records, databases, compositions, processes, models, research and development data, confidential information, and production processes and techniques, research and development information, improvements, proposals, and technical data; (ii) all copyrights, copyright registrations and applications therefore and all other rights corresponding thereto throughout the world; (iii) trademarks, trade names, service marks, service names, trade dress, logos, Internet web site graphics, and corporate names, together with all goodwill associated therewith and including, without limitation, all translations, adaptations, combinations and derivations of each of the foregoing; (iv) any similar, corresponding or equivalent rights to any of the foregoing anywhere in the world; and (v) all copies and tangible embodiments of the foregoing (in whatever form);
- "Parties" - means the Registrant and NSSSB collectively and "Party" means any one of them;
- "Working Day" - means any day, other than a Saturday or Sunday or gazetted public holiday in Malaysia.
1.2 Words importing the singular shall also include the plural and vice-versa where the context so admits.
1.3 Clause headings are inserted for convenience of reference only and shall not in any way affect the interpretation or construction of the terms and conditions.
2. APPOINTMENT
2.1 NSSSB is hereby appointed as the Registrant's local contact and NSSSB, subject to the timely payment of the Fees, hereby accepts the appointment upon the terms and conditions herein appearing.
2.2 This appointment shall apply to any Registrant that requires NSSSB Services ("Services") for the registration of the following generic Top Level Domains ("gTLDs") and Country Code Top Level Domains ("ccTLDs") :
.asia gTLD
.my ccTLD
.sg ccTLD
.kr ccTLD
.jp ccTLD
.de ccTLD
3.DURATION OF APPOINTMENT
3.1 This Appointment shall commence and take effect on the Commencement Date and shall remain valid and continue to be in force so long as the domain name under the Services remains with NSSSB till the Expiry Date unless the Registrant NSSSB-renew the domain before the Expiry Date.
3.2 Upon issuance of the renewal notice in Clause 3.1, this Appointment shall be renewed and extended without break in continuity for a further period to be mutually agreed in writing between the Parties. The terms and conditions hereunder including the covenant for renewal set out in Clause 3.1 shall remain the same for the renewal period, unless otherwise mutually agreed to in writing by the Parties.
4. FEES
4.1 In consideration of NSSSB performing the Services contemplated herein, the Registrant agrees to pay the following fees for NSSSB's Services
Top Level Domains Services Fee (MYR)
.asia gTLDs 100.00
.my ccTLDs 100.00
.sg ccTLDs 100.00
.de ccTLDs 100.00
.kr ccTLDs 100.00
.jp ccTLDs 100.00
4.2 In any case and for any reason that the domain name subscribed through the local contact is deleted or transferred before the end of the domain name's registration period, the Registrant shall not be liable for any claims or refund.
5. REGISTRANT'S OBLIGATION
5.1 The Registrant warrants that the Registration of the domain name under the Services does not (i) infringe any third party rights (such as trademark rights, rights to a name, and/ or copyrights); (ii) conduct any illegal activities, including but not limited to spamming, phishing and trading of pirated and illegal merchandise; (iii) infringe any legal regulations of any country.
5.2 The Registrant shall inform NSSSB immediately in writing by mail, fax or e-mail in the event the registrant and/ or the registration of the domain under the Services is threatened with legal action. In the event of any change in ownership, this Agreement will be void and terminated. A new Agreement will have to be concluded subject to NSSSB being reappointed as the local contact.
5.3 The Registrant shall reply in detail all NSSSB's inquiries with respect to the domain name registration under Services by mail, fax or e-mail within Two (2) working days under normal circumstances. In the event of a legal dispute, NSSSB reserves the right to shorten the response time.
5.4 The Registrant is responsible for keeping his contact data up-to-date with NSSSB at all times.
5.5 If the Registrant is not contactable via the contact information provided or the Registrant does not reply to a NSSSB inquiry within the time limit granted, NSSSB reserves the right to take all necessary action, in particular to suspend, delete or release the domain due to actual or alleged violations of the law.
6. NSSSB OBLIGATION
6.1 NSSSB undertakes to fulfill all tasks assigned to it as a Local Contact to protect the Registrant's interests. In addition, NSSSB will comply with the instructions provided so long as it does not contravene any country's laws or any of the contractual agreements between the two parties.
6.2 NSSSB shall duly inform the Registrant of any questions concerning the domain name registration under Services.
7. RESOLUTION OF DISPUTES WITH THIRD PARTIES
7.1 In the event NSSSB directly or as the Registrant's representative, is called upon by a third party to release or delete the domain name, the Registrant shall within the time limit set in Clause 5.3 declare in writing whether the Registrant intends to defend the domain name or whether the domain name is to be released.
7.2 Should the Registrant agree to release the domain name, NSSSB will either delete the domain name or release the domain name to the third party. NSSSB shall then inform the third party of the domain name being release and consequently the agreement between NSSSB and the Registrant shall be terminated. A termination notice will not be required.
7.3 Should NSSSB not receive any reply from the Registrant within the time limit set in Clause 5.3 by NSSSB, NSSSB reserves the right to proceed with the action documented in accordance with Clause 7.2 above.
7.4 Should the Registrant inform NSSSB that he/she would like to defend the domain name, the Registrant shall indemnify Registrar and NSSSB against any possible legal action and the Registrant shall be responsible to pay for all the expenses and damages that Registrar or NSSSB has and/or may incur by acting as a Local Contact for the domain name of the Registrant. Should the Registrant not comply with the aforementioned obligations, NSSSB shall be entitled to proceed with the action documented in accordance with Clause 7.2 above.
8. INDEMNITY
8.1 NSSSB agrees to indemnify and keep indemnified the Registrant, their employees and representatives from and against any and all losses, damages or liabilities suffered (whether criminal or civil) inclusive of legal fees and other costs incurred or may be incurred by the Registrant due to whether directly or indirectly gross negligence of NSSSB or material breach by NSSSB which endangers the purpose of this agreement.
8.2 If the material breach under this Agreement is not due to intention or gross negligence of NSSSB, NSSSB liability shall only be limited to 3 times the Domain Name registration fee that NSSSB collected from the Registrant for the particular Domain Name under the Services.
8.3 The Registrant shall indemnify Registrar and NSSSB for all costs, damages and prejudices arising from third parties asserting claims – justified or false, judicial or extra-judicial – on the grounds of the domain registration and calling upon not only the domain holder, but also Registrar and NSSSB, or exclusively upon Registrar or NSSSB. This claim exists regardless of negligence or fault. Registrar or NSSSB undertakes to cede any claims for indemnification against third parties acting without justification to the Registrant contemporaneously in return for the compensation for any disadvantages arising to Registrar or NSSSB.
9. CONFIDENTIALITY
9.1 The Parties shall not, at any time during or after the term of this Appointment or any extensions thereof (as the case may be), divulge or allow to be divulged to any person any Confidential Information relating to the affairs of the other Party and undertake to protect the Confidential Information of the other Party using no less than the standard of care which it treats its own Confidential Information unless such information:-
- is available to the public other than as a result of a disclosure by either party or its employees, directors or shareholders; or
- becomes available to either Party on a non-confidential basis from a source other than the other Party who is not under a known obligation of confidentiality; or
- was demonstrably known to either Party on a non-confidential basis prior to disclosure by the other Party; or
- is required by any governmental, regulatory authority, court order or law representatives who represent client that filed or preparing to file a lawsuit in which case the disclosing Party shall be given the right to comment on the proposed disclosure of confidential information prior to such disclosure.
9.2 These obligations of confidentiality shall survive the expiration or termination of this Appointment for a term of three (3) years from the date of expiration or termination of this Appointment.
9.3 Notwithstanding the foregoing provisions, NSSSB acknowledges that the Registrant may from time to time need to disclose the terms of this Appointment to its financiers and NSSSB hereby consents to the same.
10. TERMINATION
10.1 The Registrant may terminate this Appointment at any time without assigning any reason or cause whatsoever through online function made available by Registrar.
10.2 Notwithstanding the foregoing provisions, either Party may terminate this Appointment with immediate effect by notice in writing to the other upon the occurrence or threatened occurrence of any one or more of the following events:-
- if the other Party commits any material or continuing breach of any of the provisions of this Appointment and, in the case of such a breach which is capable of remedy, fails to remedy the same within fourteen (14) days after receipt of a written notice giving particulars of the breach and requiring it to be remedied;
- if the other Party goes into liquidation, whether compulsorily or voluntarily, (unless the liquidation is for the purposes of reconstruction or amalgamation and the company resulting from such reorganisation effectively agrees to be bound by and to assume all the obligations imposed on that other Party under this Appointment);
- if the other Party makes an assignment for the benefit of its creditors or enters into a composition with its creditors;
- if the other Party ceases to carry on its business.
10.3 Notwithstanding the foregoing provisions, NSSSB shall reserve the right to delete the domain and terminate this Appointment with immediate effect by notice in writing to the other upon the occurrence or threatened occurrence of any one or more of the following events:-
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if the Registrant transfers the domain from NSSSB to a third party or causes the domain to be deleted before the expiry of the registration term.
- if NSSSB establishes that the domain name and/or the contents posted on the web site accessible through the domain name contravenes any applicable law or any country.
10.4 The right to terminate this Appointment as outlined herein shall not prejudice any other right or remedy of either Party in respect of the breach concerned or any other breach.
11. CONSEQUENCES OF TERMINATION
11.1 Upon the due determination of this Appointment, in the event of termination:-
- the Parties hereto shall promptly settle all payment and other sums due to the other under the terms of this Appointment;
- the Parties hereto shall cooperate with each other to do all things reasonably necessary to bring the arrangement under this Appointment to an effective and expedient end;
11.2 The Parties shall continue to observe and abide by their obligations as to confidentiality as set out in Clause 10 above.
11.3 The determination of this Appointment for whatsoever reason shall not affect or prejudice the accrued rights and remedies of either Party.
11.4 Except as otherwise expressly provided in this Appointment, neither Party shall have any further obligation to the other Party hereunder upon its due determination for whatsoever reason.
12. FORCE MAJEURE
12.1 In the event of a Force Majeure event, the Party affected by the Force Majeure shall promptly notify the other Party in writing of the nature and extent of the Force Majeure in question.
12.2 An event or circumstance shall not be excused as Force Majeure, if it could reasonably be circumvented through use of alternative sources, work-around plans, or other means as may be agreed between the Parties.
12.3 Subject to Clause 12.2 above, neither Party shall be deemed to be in breach of this Appointment or otherwise be liable to the other for any delay in the performance or non-performance of any of its obligations herein under to the extent that the delay or non-performance is due to a Force Majeure of which it has notified the other Party. In such circumstances, the time for performance of the respective obligation shall be extended accordingly as appropriate.
12.4 Notwithstanding the foregoing, should the Force Majeure prevail for a continuous period of thirty (30) days, the Registrant may terminate this Appointment by notice in writing with immediate effect whereupon the provisions of Clause 10 and Clause 11 above shall apply.
13. NATURE OF APPOINTMENT
13.1 NSSSB is an independent business and neither it has nor will have any power, right, or authority, nor will NSSSB represents that NSSSB has any power, right, or authority, to bind the Registrant or to assume or to create any obligation or responsibility, express or implied, on behalf of the Registrant. Nothing stated in this Appointment shall be construed as constituting NSSSB and the Registrant as partners or joint venture parties or as creating relationship of employer and employee, master and servant, or principal and agent between the parties.
14. VOID AND UNENFORCEABLE PROVISIONS
14.1 In the event that any provision of this Appointment is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner to achieve the intention of the Parties without illegality, or at the discretion of the Registrant, the offending provision may be severed from this Appointment and the remaining provisions of this Appointment shall remain in full force and effect.
14.2 Notwithstanding the aforegoing, in the event that the Registrant considers or concludes that the purpose or effect of any such declaration is to defeat the original intention of the Parties, the Registrant shall be entitled to terminate this Appointment by fourteen (14) days written notice to NSSSB whereupon the provisions of Clause 10 and Clause 11 above shall apply accordingly.
15. AMENDMENTS
15.1 All modification, addition or amendment of the terms and conditions herein appearing shall be recorded by a formal instrument in writing duly signed by the respective duly authorised representatives of the Parties.
15.2 Notwithstanding the foregoing, the Registrant may modify this appointment from time to time in order to comply with applicable laws and terms and conditions set forth by ICANN and/or the Registry and Domain Provider(s). Any revisions or modifications to this appointment shall be effective thirty (30) days after the initial date of posting such revisions or modifications on the Registrar’s website and such amendments shall be binding upon the Registrant.
16. NOTICE
16.1 Any written legal notice to be served on the other Party under the terms of this Appointment may be delivered by the following modes and shall be deemed to have been delivered:-
- if sent by hand to the address hereinabove stated, upon acknowledgement of receipt thereof;
- if sent by prepaid recorded delivery (registered post, courier, etc.) to the address hereinabove stated, within two (2) days of dispatch;
- if sent by facsimile to the following fax numbers of the other Party, upon successful completion of transmission as evidenced by a transmission report generated by the transmitting equipment; or
- if sent by email to the Registrant contact, upon successfully sent without bounce back and received confirmation of the email being read
16.2 Notices and other communications between the parties shall be addressed to the last address of the Parties herein appearing in this Appointment or any other address to be notified in writing.
16.3 The Parties hereto shall as soon as possible give notice to the other Party of any change in their respective principal places of business, and telephone or facsimile numbers.
17. MISCELLANEOUS
17.1 The failure of the Registrant or NSSSB to enforce any one or more of the terms or conditions of this Appointment at any time or for any period shall not be deemed to be a waiver of the right to subsequently enforce all or any of the terms and conditions of this Appointment.
17.2 Any right or remedy to which either Party is or may become entitled to under this Appointment may be enforced from time to time separately or concurrently with any right or remedy existing under this Appointment or as hereafter provided for or arising by operation of law so that such rights and remedies are not exclusive of the others but cumulative.
17.3 This Appointment contains the entire agreement between the Parties with respect to its subject matter and supersedes all prior arrangements between the Parties whether written or oral.
17.4 This Appointment shall be governed by and construed in all respects in accordance with the laws of Malaysia and Parties agreed to submit to the exclusive jurisdiction of the courts of Kota Kinabalu, Sabah, Malaysia.
Max.com.my
Terms of Service
The Terms of Service (TOS) were designed to ensure our obligations in delivering a stable, reliable product and quality network to each and every one of our clients. These Terms and Conditions are to protect our clients and ensure equal performance for all our users.
All our services are covered by the Terms and Conditions below. "Max.com.my" reserves the right to suspend or cancel a customer's access to any or all services provided by "Max.com.my" when "Max.com.my" decides that the account has been inappropriately used or otherwise.
Our business is continually growing and as such we reserve the right to alter, amend, change or modify our Terms and Conditions when necessary. We will post the changes to https://www.max.com.my/terms-of-service-acceptable-use-policy/. Your continued uses of the services we provide mean you accept the changes we have made.
By signing up to any of our services you agree to be bound by all the Terms & Conditions listed here. These terms and conditions apply to all "Max.com.my" users. They set out the basis on which we offer our services and should be read carefully.
TERMS AND CONDITIONS OF USE
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Domain Registrations, and other Internet-related services provided by "Max.com.my" (the "Services"). As used in this Agreement, "Max.com.my" means "Max.com.my" and "Client", "Customer", "user" , "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on "Max.com.my site". As referred to in this Agreement, "Site" refers to a World Wide Web site and "Max.com.my site" refers to the Site located at the URL https://www.max.com.my or any other successor Sites owned or maintained by "Max.com.my". In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.
APPROPRIATE USE OF THE SERVICES
"Max.com.my" provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Violation of "Max.com.my" Terms of Service
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Illegal use: Your hosting / website / Email may not be used for illegal purposes, or in support of illegal activities such as terrorism. We reserve the right to cooperate with relevant legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: to transmit any material (such as by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: to make fraudulent offers to sell or buy products, items, or services, or to advance any type of >financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- (SPAM) Unsolicited commercial e-mail / Unsolicited bulk e-mail: to transmit any unsolicited commercial or unsolicited bulk e-mail (spamming) is expressly prohibited. Violations of this type will result in the immediate termination of your account.
- Content: Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any "Max.com.my" server in connection with Client's use of the Services which including but not limited to :
- Intentionally or unintentionally violate any applicable laws, including without limitation the laws of Malaysian Government, the laws of any state within Malaysia, the laws of any other jurisdiction and foreign laws or regulations that may apply.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right; Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. This includes warez, roms, mp3?s, mpegs, or anything else that might violate one or more of these laws.
- are defamatory, slanderous or trade libelous.
- are threatening or harassing.
- are discriminatory based on gender, race, age or promotes hate violate any "max.com.my" policy posted on the "max.com.my" site including but not limited to those listed in our Terms of Service (TOS).
- contain viruses or other computer programming defects which result in damage to “max.com.my” or any third party.
- Security: Gameservers are strictly not allowed to be ran off all accounts. Due to the high level of resources consumption in the RAM memory and bandwidth, you will need to purchase a dedicated server for this.
- Mirror sites and or mirrored files are not allowed on the server.
- If your hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account.
- You are prohibited from excessive consumption of resources, including server load, CPU time, memory, bandwidth, disk space, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of "Max.com.my" systems or networks. "Max.com.my" reserves the right to terminate or limit such activities.
- Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. "Max.com.my" shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
- We do not allow anime videos to be hosted on our servers without prior permission due to large amounts of problems associated with these files. This includes videos which are saved in other formats such as, but not limited to .zip, .rar, .ace.
- If you are uploading a large amount of video files or streaming media (real video, wmv, etc). Please inform "Max.com.my" for we reserve the right to remove any file which we feel appears to be breaching the copyright or not suitable to the general interest of the public.
- Sites that are specifically designed to offer free hosting or sites that for other reasons offer free hosting for users that are not affiliated with the company leasing space from "Max.com.my" is prohibited unless a prior agreement is made with "Max.com.my". This agreement must contain a contract that will be used between "Max.com.my's" Client, and the Client's Client. This contract will ensure that they have proper identification to prevent fraudulent use. If a client of "Max.com.my" chooses to give an affiliate free hosting, this cannot be resold in any way, shape, or form.
- Customers are forbidden to resell the accounts without a prior agreement from "Max.com.my" Internet Solutions.
- Server Abuse: Any attempts to undermine or cause harm to "Max.com.my" server or customer are strictly prohibited.
Disk Space
Client may occupy only the amount of disk space on the "Max.com.my" Server that is allotted by "Max.com.my". Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. "Max.com.my" is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by "Max.com.my", which may or may not include all of the customer data in their measurements.
Usage
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data nor for the sole purpose of mass email/solicitation. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. MS SQL remote management/connections: the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications violating this rule will result in account suspension.
Email Hosting
- All our current Web Hosting Packages are not meant for Email Hosting purpose. Therefore, a limit of email storage per email account is set to 2GB and total email accounts storage for a hosting account is limited to 10GB only.
- There is a daily total email sending limits of 3000 imposed to each subscriber's hosting account.
- In an effort to fight spam and prevent abuse, our system will temporarily or permanently disable your account if you send messages to more than 100 recipients or if you send a large number of undeliverable messages. Your account should be re-enabled within 24 hours.
- If you send a large number of undeliverable messages, we suggest verifying your contacts email addresses. It's also important that everyone you are sending mail to is willing to receive it.
- We are not responsible for any loss of information or email message from the use of third parties application/software such as outlook.
UNLIMITED Usage Policies and Definitions
What "Unlimited" means
We do not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, We makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What "Unlimited" DOES NOT mean
We employs complex mechanisms to protect its Subscribers and systems from abuse. Our offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
Our service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Our service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
We will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, We do place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until we can evaluate said sites resource needs.
Unlimited Hosting Space; excessive MySQL files
We do not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does we charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms.
Please note, however, that our service is designed to host websites. We do NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. We may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.
Unlimited File Transfer
We do not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does we charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, we reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Unlimited Domain Hosting
We do not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the services.
Back-up Files and Processing
Clients will have the ability to reinstate files which are automatically archived by "Max.com.my" upon request for a minimal fee; however, "Max.com.my" does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by "Max.com.my".
Termination
"Max.com.my" reserves the right to refuse service to anyone. "Max.com.my" , in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@max.com.my.
PAYMENT OBLIGATIONS
- Service Fees: All service fees paid to "Max.com.my" are non-refundable / exchangeable.
- Late Payments: Account with outstanding fees more than fourteen (14) days of the invoice date will be suspended and will be re-activated till payment is received by "Max.com.my" within the next fourteen (14) days. Should customer fail to make payment after thirty (30) days of the invoice date, a penalty fees of RM 10 or 5% of outstanding amount, whichever is higher will be charged on customer account. The penalty fees will be imposed once every thirty (30) days until the invoice is settled.
Customer shall pay to "Max.com.my" all expenses incurred by "Max.com.my" in exercising any of its rights under this Agreement or applicable law with respect to Payment Default or other breach of Terms & Conditions by Customer, including, but not limited to, reasonable attorneys fees and the fees of any collection agency retained by "Max.com.my". The Fees will continue to accrue as long as there is an outstanding balance.
- Taxes: Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
- Domain Names: If Client chooses to register a domain name(s) through "Max.com.my", Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. "Max.com.my" does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall "Max.com.my" be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless "Max.com.my" from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
DISCLAIMER OF WARRANTY
The services, the "Max.com.my" site, including without limitation, all products and services displayed or offered on the "Max.com.my" site, and all text, graphics, links and applications are provided to client on an 'as is' basis and without warranty of any kind. "Max.com.my" disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, "Max.com.my" specifically disclaims any warranty that (1)the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient. Max.com.my reserves the right to make any changes to the policies that they deem necessary in the best interest of the services.
LIMITATION OF LIABILITY
In no event shall "Max.com.my" be liable for damages resulting from loss of data, profits, use of the "Max.com.my" site or any "Max.com.my" products and/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 "Max.com.my" be responsible for any financial liability with any parties in using "Max.com.my" products and/or services.
Max.com.my
Acceptable Use Policy
- Acceptable Use Policy
- Domain Transfer Policy
- Local Contact Services Agreement ("Agreement")
- Whois Privacy Service Agreement
This Acceptable Use Policy sets out the policies of the Registry and Domain Provider(s) and the Registrar relating to the computer systems, hardware, servers, bandwidth, telecommunications transport and e-mail routing provided by the Registry and Domain Provider(s) (the “Registry Network”). The Registrar created this Acceptable Use Policy to promote the integrity, security, reliability and privacy of the Registry Network and the Registrar.
This Acceptable Use Policy is to be read together with the Domain Name Registration Agreement of the Registrar (“Registration Agreement”) and words and phrases used in this Acceptable Use Policy shall have the same meaning attributed to them in the Registration Agreement unless otherwise specified or the context clearly otherwise requires.
Please note that the Registrar may modify this Acceptable Use Policy from time to time in order to comply with applicable laws and terms and conditions set forth by the respective Registry and Domain Provider(s) and/or ICANN. Any revisions or modifications to this Acceptable Use Policy shall be effective thirty (30) days after the initial date of posting such revisions or modifications on the Registrar’s website and such amendments shall be binding upon the Registrant.
No party may use, transmit data through, or invite any third party to transmit data through the Registry Network except in strict accordance with this Acceptable Use Policy. This Acceptable Use Policy is not meant to be a mechanism to resolve disputes between domain name registrants and third parties but sets forth only the permissible use of the Registry Network.
The Registrant acknowledges and agrees that it shall also be bound by the applicable policies set forth by the respective Registry and Domain Providers.
INTRODUCTION
The Registrar supports the free flow of information and ideas over the Internet. Accordingly, the Registrar and the Registry and Domain Provider(s) do not actively monitor, nor do they exercise editorial control over the content of any message or web site accessible through the Registry Network.
However, the Registry and Domain Provider(s) and the Registrar reserve the right to remove any materials that, in the Registry and Domain Provider(s) and/or Registrar's sole opinion, are potentially illegal, may constitute copyright infringement, may subject the Registry and Domain Provider(s) and/or Registrar to liability, or otherwise violate this Acceptable Use Policy and/or the Registration Agreement. This Acceptable Use Policy should be read in conjunction with the Registrar's Registration Agreement, Dispute Policy, and other applicable agreements or policies.
COMPLIANCE WITH LAW; RESPECTING
No party shall post, transmit, re-transmit, distribute, promote, market, or store materials on or through the Registry Network which:
- is threatening, abusive, hateful, obscene, indecent, or defamatory;
- involves the exportation of software or technical information in violation of applicable laws;
- encourages conduct that may constitute a criminal offense;
constitutes a copyright infringement;
- involves the transmission, distribution, or storage of information or data which on its face is in violation of any law or contains a virus; or
- is prohibited by all applicable laws.
- is selling trademark and/or branded product, imitate products.
ELECTRONIC MAIL; SPAM
The Registry Operator(s) and the Registrar expressly prohibits users from engaging in, inter alia, the following activities:
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request for such material ("Spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have expressly requested for it. If a recipient asks to stop receiving such e-mail, then any further sending would constitute Spam and violate this Acceptable Use Policy.
- Harassment, whether through language, frequency, or size of messages.
- Creating or forwarding "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type, whether or not the recipient wishes to receive such messages.
- Malicious e-mail, including, but not limited to, flooding a user or site with very large or numerous pieces of e-mail.
Unauthorized use, or forging, of mail header information (i.e., spoofing).
- Related to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, systems or data.
NON-INTERFERENCE WITH REGISTRY AND WEBCC PRODUCTS OR SERVICES
No party may use the Registry Network for actions which restrict or inhibit any person, whether a Registrant of the Registry and Domain Provider(s) and/or the Registrar or otherwise, in its use or enjoyment of the Registry Network or any service or product of the Registry and Domain Provider(s) and the Registrar. Additionally, no party may actually or purportedly or intentionally carry itself out to be a partner of the Registrar without the prior written consent of the Registrar.
CONSUMER PROTECTION
No party may use the Registry Network for any communications or activity which may involve deceptive marketing practices such as the fraudulent offering of products, items, or services. Further, no party may furnish false or misleading information to the Registry and Domain Provider(s) and/or the Registrar or any other party through the Registry Network, nor shall any party use the Registry Network to facilitate the transmission of private or stolen data such as credit card information without the cardholder's consent. Any message or website accessible through the Registry Network shall prominently contain the contact information (including e-mail address, physical mail address, and phone number) of the person putting up and/or responsible for such message or website.
REGISTRY AND i-SKILL DYNAMICS SDN BHD (ISDSB) NETWORK
No party may actually, or attempt to, circumvent user authentication or security of any host, network or accounts, or penetrate security measures ("hacking")on, related to, or accessed through the Registry Network. This includes, but is not limited to, accessing data not intended for such user, logging into a server or account which such user is not expressly authorized to access, falsifying a username or password, probing the security of other networks, and executing any form of network monitoring which will intercept data not intended for such user. Further, no party shall effect any security breach or disrupt any Internet communications including, but not limited to, accessing data of which such user is not an intended recipient or logging onto a server or account which such user is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host. Finally, no party may utilize the Registry Network in connection with the use of any program, script, command, or sending of messages, designed to interfere with a user's terminal session, by any means, locally or through the Internet.
No party shall in actuality, or attempt or threaten to, cause any harm or damage to or breach the security of the Registry Network or the Registrar's network, servers or products.
NON-EXCLUSIVE; NOT EXHAUSTIVE
This Acceptable Use Policy is intended to be a guide as to acceptable use of the Registry Network and is not exhaustive and is non-comprehensive. Therefore, should a Registrant desire to use the Registry Network for a purpose which is not expressly permitted herein, the Registrant should first obtain the written consent of the Registrar and/or the Registry and Domain Provider(s) by sending a request via e-mail to enquiry@i-skill.com
COMPLAINTS
Any person who wishes to notify the Registrar of any conduct (whether abusive or otherwise) which is in violation of this Acceptable Use Policy may report the same via the Registrar's Acceptable Use Policy Enforcement Procedure by submitting a completed Registry Acceptable Use Policy Violation Complaint Form to the Registrar at enquiry@i-skill.com
ENFORCEMENT
Failure of the Registrant to abide by any provision of this Acceptable Use Policy shall constitute a material breach of the Registration Agreement.
In the event of a material breach, the Registrar may provide the Registrant with a written notice describing any such breach and the Registrant shall have seven (7) days to remedy the said breach. Under certain circumstances, the Registrar shall have the right to shorten the notice given.
If the breach is not remedied by the Registrant to the Registrar's satisfaction within the time limit stipulated, the Registrar shall be entitled to suspend, terminate or delete the Registrant's domain name without further notice or warning.
However, the Registrar shall use reasonable efforts to work with the Registrants to remedy any such violations and to ensure that such violations do not recur prior to the suspension, termination or deletion of the Registrant's domain name.
LIMITATION OF LIABILITY
In no event shall the Registry Operator(s) and/or the Registrar be liable to any user of the Registry and Registrar Network, any customer, any Registrant, or any third party for any direct, indirect, special or consequential damages for actions taken pursuant to this Acceptable Use Policy, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if the Registry Operator(s) and the Registrar were advised of the possibility of such damages.
The Registrar cannot and shall not be held accountable for any information that is retrieved or sent via the Registry Network.
MODIFICATION; AMENDMENT
Registry and i-Skill Dynamics Sdn Bhd (ISDSB) reserve the right to modify or re-state the AUP at any time and any such modifications or restatements shall be deemed effective thirty (30) days after such revisions or restatements are posted on ISDSB's websites at https://www.max.com.my.
REMOVAL OF CONTENT; RESPONSIBILITY
The Registry and Domain Provider(s) and/or the Registrar may at its sole discretion remove any content or material or services such as URL forwarding, Email forwarding, DNS hosting, WHOIS protection, proxy service and etc from its servers posted by, or terminate access to the Registry Network where it has been determined by the Registry and Domain Provider(s) and/or the Registrar that any such person has violated this Acceptable Use Policy. In any regard, the Registry and Domain Provider(s) and/or the Registrar are not responsible for the content or message of any newsgroup posting, e-mail message, or web site regardless of whether such content or message was transmitted through the Registry Network. As such, the Registry and Domain Provider(s) and/or the Registrar are not bound to take any action against or with respect to any such content or message under this Acceptable Use Policy.
HOSTING ACCOUNT SUSPENSION
Hosting Account Suspension which due to the following :
- Overuse Bandwidth / Monthly Data Transfer
- Finish Quota for Daily send-out email (could be due to virus)
- Causing the IP Address banned by any ISP or Yahoo / Gmail / Hotmail etc
- Disk Space for Hosting Account Full or near full
- Email's IMAP crash due to client's sudden surge of heavy usage of IMAP in a short term or due to virus , etc
- Warning or Instruction or advise issued / given by the ISP or Data Center or any authority.
- Breach the terms and conditions
- RM300 charged to un-suspend Hosting Account
