iPoint Communications (iPoint)

Standard Terms and Conditions for Supply of Services & Acceptable User Policy

SECTION 1 - GENERAL

1.       FEE

          The Service fee shall be the agreed amount invoiced for an initial term of twelve months excluding Goods and Services Tax.

2.       SCHEDULE OF SERVICES

The Schedule of Services refers to the list of services ordered by the Subscriber via iPoint website and/or additional Services listed in the Purchase Order/Invoice.

3.       TERM

          The initial term of the Schedule is from the first day Services or additional Services are provided to the first anniversary of that date and shall be automatically renewed for successive twelve months period unless either party elects not to renew by giving thirty (30) days’ advance written notice to the other.

4.       USE OF SERVICES

Subscriber and its users shall conform to the Acceptable User Policy as set out herein under Section2 of this Standard Terms and Conditions for Supply of Services.

5.       PAYMENT

.1)     Fee or charges shall be made on the commencement date of term and shall be invoiced yearly in advance to iPoint.  iPoint may send and Subscriber agrees to receive invoices via email. 

.2)     Payment shall be made to iPoint Communications within 7 days from date of receipt of invoice.  Late payment interest at the rate of 8% per annum will be charged on all overdue payments, such interest to accrue from the due date (s) until payment in full.

.3)     Any fee increase of which Subscriber is notified in accordance with the Agreement will take effect as specified notwithstanding the issuance of a Schedule setting forth the then current fee.

.4)     Subscriber acknowledges that iPoint owns the web catalogue program.  Subscriber may buy-out the said program at an agreed additional sum at the time of transfer from iPoint.

6.       CHANGES TO THIS AGREEMENT

.1)     Subscriber acknowledges that the law of the Internet is evolving and therefore agrees that, without notice to him iPoint may modify this Agreement (except for modification to the description of services and fee in the Schedule of Services which are subject to mutual agreement) where necessary to comply with case law and legislation, as well as to adjust to changing business circumstances. 

.2)     Subscriber’s continued use of the Service shall constitute his acceptance of this Agreement with new modifications.  If subscriber does not agree to any such changes, he may request that this Agreement be terminated. 

.3)     Subscriber agrees that such termination will be his exclusive remedy if he does not wish to abide by any changes to this Agreement

7.       NOTICES

Any notice or other communication to be given or made under this Agreement shall be given or made in writing, either by registered mail, telefax or electronic mail, to the Subscriber at his or its addresses set out herein, or at such other address as that Subscriber may have notified to iPoint in accordance with this provision. Any such notice or other communication shall be effective upon receipt, provided that a telefax or electronic mail shall be deemed to have been received at the time of transmission.

8.       TERMINATION

There shall be no refund for early termination.      

9.       GOVERNING LAW

          iPoint and Subscriber expressly intend and agree that the construction, interpretation, and performance of this Agreement and all transactions under it shall be governed by the laws of Singapore.

10.    FORCE MAJEURE

          If any delay or failure in performance under this Agreement is caused due to acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, riot, civil commotion, strike, lock-out, industrial dispute or epidemic, iPoint may suspend performance of the Agreement and neither party shall have any liability whatsoever or be deemed to be in default for any such delay or failure in performance

11.     LIMITATIONS ON LIABILITY

iPOINT WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF ANY SUBSCRIBER WEB SITES CREATED BY THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SUBSCRIBER WEB SITES YOU ACCESS THROUGH THE SERVICES; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND iPOINT'S REASONABLE CONTROL; OR (g) THE MODIFICATION OR REMOVAL OF ANY SUBSCRIBER WEB SITES OR ANY PORTION THEREOF. iPoint ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF iPoint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL iPoint'S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY LIABILITY NOT OTHERWISE EXCLUDED EXCEED S$96.00.  

Subscriber shall indemnify, keep indemnified and hold harmless iPoint, its agents, customers, officers and employees from and against any and all demands, liabilities, losses, costs and claims (including, but not limited to, legal fees) sustained or incurred by iPoint or any of its agents, customers, officers or employees directly or indirectly and in any jurisdiction as a result of:

(a)     any breach of any of subscriber’s obligations in this Agreement; and/or

(b)     otherwise howsoever arising out of the provision by iPoint of any Service hereunder unless on account of gross negligence or willful default by iPoint.  iPoint will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective good or services, any loss or damage (personal or business), caused by Subscriber.

 

12.    REPRESENTATIONS AND WARRANTIES

Subscriber represent and warrant that all information provided by him in connection with his registration is accurate. THE SERVICES ARE PROVIDED TO SUBSCRIBER "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

13.    FORM

This Agreement and any amendments hereto, may be executed and delivered by facsimile or electronic mail.  Any such facsimile or electronic mail transmission shall constitute the final agreement of the parties and conclusive proof of such Agreement.

SECTION 2 – ACCEPTABLE USER POLICY

The Acceptable User Policy below defines the actions which iPoint considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to Subscriber. If you are unsure whether any contemplated use or action is permitted, please send mail to sales@ipointhosting.com and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by iPoint, or connected via the iPoint network. Furthermore, such services may not be advertised via deceptive marketing policies.

GENERAL CONDUCT

1.       Subscriber are prohibited from transmitting on or through any of iPoint’s services, any material that is, in iPoint’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

2.       iPoint services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Singapore regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. iPoint reserves the right to remove such illegal material from its servers.

3.       Subscriber is responsible for keeping his billing data with iPoint up-to-date and accurate. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

SYSTEM AND NETWORK SECURITY

Subscriber may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Subscriber, logging into a server or account the Subscriber is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).

1.       Subscriber may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

2.       Subscriber may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

3.       Subscriber who violates systems or network security may incur criminal or civil liability. iPoint will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

ELECTRONIC MAIL

1.       Harassment, whether through language, frequency, or size of messages, is prohibited.

2.       Subscriber may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Subscriber must not send that person any further email.

3.       Subscriber is explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "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 explicitly requested it.

4.       Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.

5.       Forging of header information is not permitted.

6.       iPoint accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.

7.       A web address (URL) or an e-mail address associated with iPoint or Subscriber’s iPoint account may not appear in any message whether sent from a iPoint server or from another Internet Service Provider where this message violates this Acceptable Use Policy or the Acceptable Use Policy of that other provider.

8.       These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have additional regulations; see below.

9.       Hosting service will be stop immediately without prior notice for parties that engage in spaming or unsolicited e-mail activities that violate the above policies.

10.     No refund of any kind will be entertained once the hosting service was stop if being detected on any violation found above.

USENET / FORUM

1.       iPoint is not responsible for the content of any USENET posting, whether or not the posting was made by a iPoint Subscriber.

2.       Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

3.       Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").

4.       Subscriber is prohibited from posting chain letters of any type.

5.       Subscriber is prohibited from posting binary files to newsgroups not specifically named for that purpose.

6.       Subscriber is prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.

7.       Subscriber is prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

8.       Subscriber may not solicit mail for any other address other than that of the Subscriber's iPoint account or service, with the intent to harass or collect replies after iPoint service has been terminated.

IRC (Internet Relay Chat)

1.       iPoint is not liable for the content of any communications made on IRC.

2.       IRC robots ("bots" or "clones") may not be run from iPoint shell accounts.

3.       Subscriber may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.

4.       Subscriber is prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Subscriber is also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.

Questions about this policy should be sent via e-mail to sales@ipointhosting.com. Reports of activity in violation of this policy may be sent in e-mail to abuse@ipointhosting.com