These Terms of Service (the “Agreement”) are an agreement between PremiumSide Enterprise (“PremiumSide” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by PremiumSide and of the WebHost.com.my website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements

a.   Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
i.     Privacy Policy
ii.    Acceptable Use Policy
iii.   Copyright Infringement Policy
iv.   Domain Name Registration Agreement
v.    Web Design Policy
b.   Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Name Registration Agreement will also apply to you and would be incorporated herein.

 

Account Eligibility
a.   By registering for or using the Services, you represent and warrant that:
i.     You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
ii.    If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
b.   It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. WebHost.com.my is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the WebHost.com.my Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
c.   You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The Service and any data you provide to PremiumSide is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

 

PremiumSide Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “PremiumSide Content”), are the proprietary property of PremiumSide or PremiumSide’s licensors. PremiumSide Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any PremiumSide Content. Any use of PremiumSide Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any PremiumSide Content. All rights to use PremiumSide Content that are not expressly granted in this Agreement are reserved by PremiumSide and PremiumSide’s licensors.

 

User Content
a.   You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to PremiumSide that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.


Solely for purposes of providing the Services, you hereby grant to PremiumSide a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, PremiumSide does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

b.   PremiumSide exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through PremiumSide’s computers, network hubs and points of presence or the Internet. PremiumSide does not monitor User Content. However, you acknowledge and agree that PremiumSide may, but is not obligated to, immediately take any corrective action in PremiumSide’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that PremiumSide shall have no liability due to any corrective action that PremiumSide may take.

 

Prohibited Use

a.   Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. PremiumSide is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of pornography on, or being transmitted through, the Services.

b.   Unregistered Financing Platform. The use of the Services to store, post, display, transmit or advertise is prohibited. If you wish to host a financing platform, your business must be legal and registered. PremiumSide is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of illegal financing platform on, or being transmitted through, the Services.

c.   Drugs Trafficking. The use of the Services to store, post, display, transmit, advertise, sell or buy is prohibited. PremiumSide is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of drugs trafficking on, or being transmitted through, the Services.

d.   Terrorist Activity.  The use of the Services to store, post, display, transmit, advertise or recruit is prohibited. PremiumSide is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of terrorist activity on, or being transmitted through, the Services.

e.   PremiumSide offers its services to host websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.

 

Third Party Providers

PremiumSide offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
PremiumSide does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. PremiumSide is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by PremiumSide (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Account Security and PremiumSide Systems
a.   It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
b.   The Services, including all related equipment, networks and network devices are provided only for authorized customer use. PremiumSide may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

c.   Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. PremiumSide may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

d.   Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by PremiumSide of an issue, we reserve the right to leave access to services disabled.

e.   PremiumSide reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
a.   You agree to cooperate fully with PremiumSide in connection with PremiumSide’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, PremiumSide is not responsible for any delays due to your failure to timely perform your obligations.

b.   You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by PremiumSide to provide the Services, which may be changed by PremiumSide from time to time in our sole discretion.

c.   You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. PremiumSide does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

a.   Prepayment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
b.   Autorenewal
Unless otherwise provided, you agree that until and unless you notify PremiumSide of your desire to cancel the services, you will be billed on an automatically recurring basis to prevent any disruption to your services, using your credit card or other billing information on file with us.
c.   Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to PremiumSide’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated. GST (Goods and Service Tax) will not be chargeable as PremiumSide is not an GST registered company.
d.   Late Payment
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, PremiumSide may suspend or terminate your account and pursue the collection costs incurred by PremiumSide, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. PremiumSide will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
e.   Domain Payments
It is solely your responsibility to notify PremiumSide’s Billing department via a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and PremiumSide is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

f.   Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. PremiumSide may report any such misuse or fraudulent use, as determined in PremiumSide’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
g.   Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by PremiumSide. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Cancellations and Refunds

a.   Payment Method
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

b.   Refund Eligibility
Only unavailable on domain name purchases are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
c.   Non-refundable Products and Services
All services and products provided by PremiumSide on WebHost.com.my is non-refundable. Please note that domain refunds will only be eligible if the domain was ordered in conjunction with a hosting package and will be issued at PremiumSide’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
d.   Cancellation Process
You may terminate or cancel the Services by giving PremiumSide written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) PremiumSide may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.


Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” PremiumSide will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at:

We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.


e.   Domains
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify PremiumSide’s Billing department via a support ticket created from http://client.webhost.com.my/login/submitticket.php  to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Ringgit Malaysia (RM) and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and PremiumSide is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination
PremiumSide may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm PremiumSide or others or cause PremiumSide or others to incur liability, as determined by PremiumSide in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, PremiumSide shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, PremiumSide may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

a.   Permitted CPU and Disk Usage
All use of hosting space provided by PremiumSide is subject to the terms of this Agreement and the Acceptable Use Policy.
i.   Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. PremiumSide expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. PremiumSide may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of  PremiumSide’s terms and conditions.
ii.   Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.

b.   Bandwidth Usage

Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

Shared Hosting
Client web hosting accounts may not be used to provide/resell web hosting to others.

Price Change
PremiumSide reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by PremiumSide through the user billing tool or through other methods of communication, including notices sent or posted by PremiumSide.

Limitation of Liability
IN NO EVENT WILL PREMIUMSIDE ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF PREMIUMSIDE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PREMIUMSIDE’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PREMIUMSIDE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend and hold harmless PremiumSide, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

 

Disclaimer
PremiumSide shall not be responsible for any damages your business may suffer. PremiumSide makes no warranties of any kind, expressed or implied for the Services. PremiumSide disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by PremiumSide or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. PremiumSide Enterprise’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at PremiumSide Enterprise’s sole discretion. PremiumSide Enterprise does not maintain backups of dedicated accounts. PremiumSide Enterprise is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on PremiumSide’s servers.

Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, PREMIUMSIDE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. PREMIUMSIDE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. PREMIUMSIDE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.