Host Dragon Web Hosting - Terms & Conditions

DEFINITION

"ICE"
means Host Dragon Technology Company.
 "the Customer"means any company or person who has requested to use the Services.
 "Agreement"means any agreement between the parties which expressly or impliedly incorporates these Terms and Conditions as the context demands.
 "Fees"means the installation fee, monthly fee and other charges in respect of the Services published from time to time by ICE.
 "AUP"means the Acceptable Use Policy.
 "Services"means the services as described in the Agreement, Internet access, virtual web hosting, dedicated server hosting, hardware supply, and services offered by ICE as the context requires.
  1. In consideration for payment of the Fees, ICE agrees to provide the Services to the Customer. The Customer shall pay the Fees and all applicable taxes and tariffs relating to its use of the Services. ICE will invoice the Customer by electronic mail, post or facsimile transmission. Payment is due at presentation for the full invoiced amount. All fees are fully earned when due and non-refundable when paid. If the Customer does not pay before the invoice due date, a late payment charge of HKD100 per month will be due and payable with respect to the outstanding balance and ICE will be entitled to terminate this Agreement and/or the provision of any of the Services to the Customer.
  2. All hosting plans have a set allotment of Traffic/Bandwidth available for use. Any traffic usage that is over the limit of the monthly allotment will be charged according to the terms that is set forth in the order form. Unused traffic may not be carried over to the following month.
  3. The Customer is responsible for and must provide all equipment necessary to access the Services and must comply at all times with ICE's requirements as regards mode of access and/or use of the Services. The Customer also agrees to abide by (1) generally accepted the AUP and (2) the Agreement.
  4. The Customer shall be entirely responsible for all use of the Services and agrees to indemnify ICE against all and any liability arising, directly or indirectly, and in any jurisdiction, out of the use of the Services. The Customer agrees to abide by all applicable laws (whether of Hong Kong or of any relevant jurisdiction) relating to the use of the Services, in particular, but without limitation, the Customer shall not access or publish any matter which violates any laws (whether of Hong Kong or of any relevant jurisdiction) and warrants that its use of the Services does and shall not, directly or indirectly, infringe any third party's intellectual property rights in any jurisdiction.
  5. The Customer expressly agrees that use of the Services is at the Customer's sole risk and that the entire risk as to the quality and performance of the Services is with the Customer. Neither ICE nor any or its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty as to the results to be obtained from use of the Services. In no event will ICE or its directors, employees or agents be liable to the Customer for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Services, including but not limited to damages resulting from loss of data or loss of profits but not including death or personal injury due to the negligence of ICE, its directors, employees or agents.
  6. Any Internet Protocol address(es) allocated by ICE to the Customer, remain(s) the property of ICE. The Customer undertakes not to advertise, or otherwise to broadcast, such address(es) upon termination of the Services or the Agreement, nor to use the word "ICE" in any way as a business or company name or trade mark.
  7. If the Customer is in breach of any of the terms of the Agreement, ICE may, at its sole discretion, either suspend the Customer's access to and use of any of the Services until such breach is remedied or terminate the Agreement and the Customer's access to and use of any of the Services. Reinstatement will be at the sole option of ICE and upon such terms and conditions as it shall determine.
  8. If any provision of this Agreement is found to be invalid the other provisions shall remain in full force and effect. All obligations and restrictions on the Customer under this Agreement will survive the termination of this Agreement and/or the termination of the provision of any of the Services. No waiver by either party of a breach of any provision of this Agreement, non delay or omission to exercise any right, shall constitute a waiver of any other breach or default by the other party.
  9. Unless otherwise agreed in writing and signed by both parties, this Agreement constitutes the entire agreement between the parties. This Agreement is governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.