Khmer Tec Host ( TERMS & CONDITON )

INTRODUCTION -This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of KHMER TEC.These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at our site. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.

USER AGREEMENT – Our Hosting Server is located in Spockan City,Washington USA . KhmerTec provides Domain Name Registration, Web Hosting and Web site Design. All services provided by KhmerTec may be use for lawful purpose only. The KhmerTec reserves the rights to suspend or cancel any client's access to any portion or all of KhmerTec services, when KhmerTec deems that the account has been used inappropriately.

WEB HOSTING - The Clients is responsible for programming and for uploading the Website to our Web server. KhmerTec does not provide free Web site development, programming, or debugging services. The clients are responsible for keeping a complete and current copy of Web site files as backup on a remote system (Not on our server). KhmerTec is not responsible for any lost files, information or data. The KhmerTec backup tapes are for backing up our system configurations and databases and are NOT for keeping backups of clients Web sites. Should any data need to be recovered from KhmerTec 's backup tapes? there will be a restoration charge, on an as-available basis. The KhmerTec does not guarantee to possess the most current copy of a client's Web site.

SUPPORT – Technical support is provided via email, phone( For local Cambodia) ,chat, Ticket Support. The client agrees not to spam our support staff and to follow standard Internet etiquette. No phone support at 5:00PM-7:00AM (Cambodia Local Time GMT+7).

SYSTEM UPDATES – The client understands that system updates occur in real time and as queued batch processes. For example, account Passwords are currently updates as queued batch processes; therefore the update does not occur in the system instantaneously. The KhmerTec reserves the rights to modify the processing times at any time without notice. If a client or KhmerTec support personnel (when authorized by client) makes any modifications to a hosting account, the clients is responsible for ensuring these updates have occurred in our system.

ILLEGAL ACTIVITIES - including storing and/or distributing illegal copies of copyrights software, hosting/ maintaining inappropriate sites, violating trademarks and copyrights, violate Cambodia & International Laws selling and/or distributing illegal contraband. All of these activates will not accept by KhmerTec.

INTERNET ABUSE - including but not limited to : spamming-mass unsolicited emailing, posting obscene or inflammatory messages, nudity, threatening other Internet users, and spamming our support staff. Any adult content will be put off the web server as and when or system notices and the client's account will be terminated without any refunds.

SYSTEM ABUSE - including but not limited to using excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients accounts (Hacking), installing continuously running programming and reselling CGI scripts.KhmerTec does not censor our customer's websites, although our policy strictly prohibits adult sites. The determination of what is adult content & prohibited, shall be made solely by KhmerTec. Should a policy violation occur, KhmerTec reserves the rights to terminate the account without notice and the client will be held responsible for any damages to KhmerTec 's business, system, servers, connectivity, reputation, service, network, operations or equipment resulting from its action including, but no limited to, government actions, vandalism, retaliation, and claims of libel, unfair competition, infringement of patent, copyrights, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

DOMAIN NAME REGISTRATION - Domain Name registration is on a First-Come-First-service basis. KhmerTec will not be responsible for the availability of the domain name in the 3-4 Days that it can take to register a Domain Name. In between you register a domain name through KhmerTec & by the time payment is received from you, it might happen that during this period the domain name is booked by some other individual or organization, In such as case KhmerTec would not be responsible. The payment to this effect would be refunded in case the client does not want to book another domain name.

PAYMENT POLICY – All services are provided on a pre-payment basis. KhmerTec accepts Three kind of payment: By cash , By wire bank. and by Paypal ( Please contact our sale rep. to get more information) All monetary transactions will occur in US Currency ($USD) only. Through KhmerTec can alter its payment methods at any point of time.

SERVER ABUSE – Any attempt to undermine or cause harm to a server, or customer, of KhmerTec is strictly prohibited. Unauthorized use of the other people's account or computers KhmerTec will strongly react to any use or attempt use of an Internet account or computer without the owner's authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a KhmerTec's customer, whether or not the attacked account or computer belongs to KhmerTec, will result in action against the attacker. Possible actions include warning, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

ABUSE OF UNLIMITED TRAFFIC - The KhmerTec‘s customers are not privileged to be offered unlimited traffic for their websites. The intention of KhmerTec is to provide a large space to serve web documents, not off sites storage area for electronic files. All (90%) of you web page (html) must be ‘linked' with files (.GIF, .JPEG, etc.) store on Main server. Web site that are found to contain either/or no html documents, a large number of unlinked files are subject to waning, suspension or cancellation at the discretion of server management. Any customer who violates KhmerTec ‘s Policies in abusing either space/ site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our services the following limitations apply : Sites with banners, graphics or CGI scripts running from their domain used on other domain. Sites with picture galleries (This is any site where 50% of the files transferred is graphics). Sites offering download file or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Site using more than 30% of system resource for longer than 60 seconds. Sites running multimedia file (QuickTime, Real Audio, Real Video, and MP3).

UNSOLICITED EMAIL (SPAM)- Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the news group or mailing list's charter for whether advertising is allowed or not; “Spamming”, or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individual have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offence your e-mail will be disabled for 72 Hours. Upon your second Spam offence your entire domain will be disabled for 72 Hours and you will be fined 100$ USD per sent spam. Upon your third offense you account with KhmerTec will be terminated, and you will fined 300 $USD per sent Spam. No refunds will be given if your account is terminated for Spam.

CGI SCRIPTS – Each account comes with its own Universal cgi-bin. You are free to use any CGI scripts you wish, however we reserve the rights to disable any CGI script that effects normal server operation without prior warning. Universal CGI-BIN means you can put your .pl files anywhere in your www directory.

ABUSE OF SMTP MAIL SERVER - We only allow our clients to use our SMTP server without using any illegal techniques and any unauthorized use of our SMTP server as spam mail is not allowed.

BACKGROUND RUNNING PROGRAMS - We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resource used and operational maintenance needed.

PAYMENT POLICIES - All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. KhmerTec reserves the rights to change prices at any time, unless other terms have been agreed upon. The KhmerTec reserves the rights to changes its rates or pricing policy at any given point of time but the customers who have paid to their account will continue with the same pricing for their current billing cycle for with they are paid for.

IDEMNIFICATION - Customer agrees that it shall defend, indemnify, save and hold KhmerTec harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against KhmerTec, its agents, its customers, officers and employees, that may arise or result from any service provide or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless KhmerTec against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyrights infringement and (4) any defective products sold to customer from our server .