Use of Keynet Service constitutes acceptance and
agreement to Keynet's TOS(Terms of Service) as well
as Keynet's AUP (Acceptable Use Policy).
1) Definition
Keynet refers to Keynet Technology Company Limited
in this Terms of Service (TOS) and Acceptable Use
Policy (AUP).
2) Disclosure
This TOS specifically prohibits the use of our service
for illegal activities. Therefore, Subscriber agrees
that Keynet may disclose any and all subscriber information
including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes
a written request without further consent or notification
to the Subscriber. In addition Keynet shall have
the right to terminate all service set forth in this
Agreement.
3) Service Rates
Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have
been communicated to Subscriber. Subscriber is aware
that Keynet may prospectively change the specified
rates and charges from time to time. The promotional
offer is contingent upon Keynet achieving and maintaining
its cost of service goals including but not limited
to rates charged to Keynet by its suppliers.
4) Billing Policy
a) Refund and Dispute
All payments to Keynet are NONREFUNDABLE. This includes
any setup fee and prepaid charges regardless of
usage. If you dispute a charge to your credit card
issuer that, in Keynet's sole discretion is a valid
charge under the provisions of the TOS and AUP,
you agree to pay Keynet an "Administrative
Fee" of HKD$100.
b) Fail to pay
Keynet may deactivate the service to subscriber upon
the failure of Subscriber to pay charges when
due or the subscriber’s breach of any Terms of
Service (TOS) and Acceptable Use Policy (AUP).
Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued
charges and the monthly service fee for each
month between the termination date to the expiry
date, plus reasonable interest and any collection
fees. Keynet will not responsible for any loss
of the subscribers. Also, We cannot guarantee
that the customer account could be activated
or that the data could be fully intact for over
due accounts.
5) Domain Name Policy
Keynet registers customer domains at the ICANN accredited registrar and HKDNR. Therefore, all domains registered through Keynet are subjected to a set of Domain Registration Agreement of ICANN accredited registrar and HKDNR.
If you register/transfer domain(s) to Keynet, you must confirm that you have read and agree with the Registration Agreement of Enom Inc (http://www.enom.com/terms/agreement.asp), OnlineNIC, Inc. (http://www.onlinenic.com/Policies/OnlineNIC-Domain-Registration-Agreement.htm) and HKDNR (https://www.hkdnr.hk/pdf/HKDNR-Registration_Agreement_13.08.15_v1.1%28Eng%29.pdf) correspondingly.
For domain name under the regulation of ICANN, you must agree to conform the Registrant Benefits and Responsibilities set out in the ICANN http://www.icann.org/en/resources/registrars/registrant-rights/benefits.
Domain
Fee
The price for new domain registration and renewal are the same except
specified. Keynet resevered the right to adjust the domain registration and
renewal
fee.
Domain Redemption Fee
Domain
names that are in the 30-day Redemption Grace Period can be redeemed (or
renewed) before the end of the Grace Period. The fee
is the total of
redemption fee plus the number of years to be renewed. There are NO REFUNDS
on renewals or redemptions after you make the payment. Domain after the
redemption period cannot be recovered.
Though this applies to most common TLDs, dot hk, dot cn domain and some TLDs
do not have Redemption Period or a different recovery process.
Domain Renewal Notification
When
domain come to expire, Keynet notify domain registrant by email a renewal
reminders serveral times, they are 30, 7 days, 0 day before and 5 days after
the expiration
of a domain name.
6) Lawful Use
The
usage of Keynet networking facilities and web hosting
services for any unlawful purposes,
including
but not limited to distribution, transmission, publication
or agitation of pornography materials, copyrighted
materials, hacking & cracking activities, sending
spam mail(unsolicited bulk emailing) or any other
legally unacceptable activities are STRICTLY PROHIBITED.
In no event will Keynet be liable for any damages
or losses caused by the subscriber's failure. Subscribers
are fully responsible to any losses or damage claimed
from Keynet or any other person. Keynet reserves
all rights to terminate the subscriber account and
usage without prior notice and refund.
7) Acceptable Use
Keynet STRICTLY PROHIBITTED the following use of
our services:
a) Running Chat Room Programs or CGI games such as
EBS and FFAdventure;
b) Setup any services for any 3rd party to apply,
such as guestbook;
c) Game Server;
The above use of service 6a-6c do not apply to our dedicated server customer;
d) Setup any program or software which greatly affects the server's normal
operation;
e) Download server or Multimedia Server;
f) Setup any IRC, IRC bots, Proxy or Bit Torrent;
g) Send SPAM or advertising email and other spam purpose;
h) Hacking, Virus or Other Destructive Activities;
i) Pornography or Adult Content;
j) Any Gambling Content
Once seriously violate the above rule, Keynet will
terminate the account immediately without prior notice.
8) Domain Transfer
Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount
of time required for a specific transfer. Customer
are required to submit their Domain Transfer order
to us 1 months before the domain expire date. Keynet
could not guarantee that the Domain Transfer will
be successful. If the customer cancels the service
during the transfer period for any reason, the charges
will not be refunded.
9) Customer Responsiblity
a) Customers are required to use the Keynet's service
responsibly. This includes respecting the other customers
of Keynet. Keynet reserves the right to suspend and/or
cancel service with any customer who uses the Keynet's
service in such a way that adversely affects other
Keynet customers. Keynet anticipates that customers
who offer Internet services will cooperate with Keynet
in any corrective or preventive action that Keynet
deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of Keynet 's
policy and Keynet reserves the right to take any
such action.
b) Subscribers should provide accurate and updated
personal or company information during application.
Subscribers are responsible to inform Keynet any
changes of contact details such as email, telephone
and fax number. Keynet reserves the rights of account
suspension and termination to the subscribers without
prior notices when Keynet cannot contact the subscribers.
c) Subscribers have responsible to keep all their
accounts and password information secret and normal
including:
i) To inform Keynet immediately for any abnormal or unauthorized login;
ii) To keep track of the account movement or usage;
iii) To perform a complete logout for a login.
d) Responsibility for Content : You as a Keynet's
Hosting Customer, are solely responsible for the
content stored on and served by your Keynet Hosting
account.
10) Zero Tolerance Spam Policy
Keynet takes a zero tolerance stance against sending
of unsolicited e-mail, commonly known as spam. Any
user who sends out spam will have their account terminated
without notice. Keynet reserves the right to require
changes or disable as necessary any website, account,
database, or other component that does not comply
with this policy, at its sole discretion. Keynet
also reserves the right to make any such modifications
in an emergency at our sole discretion.
11) Accuracy Information
Keynet has the right to stop providing all services
to subscriber immediately without notification if
the subscriber provide misleading, false or incomplete
information or disobeyed this Terms of Service, In
such cases, Keynet will not responsible for any loss
of the subscriber.
12) Server Abuse
Keynet reserves the rights to refuse, suspend or
terminate service to subscribers whose service usage
may jeopardize server performance and resources such
as execute a huge amount of programs, sending a huge
amount of emails, abuse of bandwidth and server resources
which may affect the regular service to other subscribers.
Keynet will suggest that subscribers to transfer
to a dedicated server package at our sole discretion.
13)
Dealing with Network Attack
Keynet may suspend the user account/server
when it is suffering from any form of attacks. Keynet
reverse the right to refuse the customer to use the
service. If frequent attack is recorded, we will
terminate the user’s account without prior notice.
This is to protect other users on the same network
/ service from being affected.
14)
Notification of Violation:
a) Keynet is under no duty to look at each customer's
or user's activities to determine if a violation
of the TOS has occurred, nor do we assume any responsibility
through our TOS to monitor or police Internet-related
activities.
b) Violation: Users that Keynet determines to have
committed a violation of any element of this TOS
shall be subject to immediate suspension or termination
of service without further notice.
15)
Suspension of Accounts
Keynet reserves the right to suspend network access
to any customer if in the judgement of the Keynet
administrators the customer's web hosting account
or server is the source or target of the violation
of any of the terms of service, the TOS, or for any
other reason Keynet chooses. If inappropriate activity
is detected, all accounts of the customer in question
will be deactivated until an investigation is complete.
Prior notification to the customer is not assured.
In extreme cases, law enforcement officials may be
contacted regarding these activities. The customer
will not be credited for the time the customer's
service is suspended.
16)
Refusal of Service
Keynet reserves the right to refuse, cancel, or
suspend service at our sole discretion.
17)
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE
KEYNET SERVICE PROVIDED IS PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
KEYNET EXPRESSLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY THAT THE KEYNET SERVICE WILL BE ERROR-FREE,
TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR
WRITTEN INFORMATION GIVEN BY KEYNET, ITS EMPLOYEES,
LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY
YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL
KEYNET, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
KEYNET SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE
ON ANY INFORMATION OBTAINED ON THE KEYNET SERVICE;
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO
DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION,
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KEYNET
RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE
THAT THIS PROVISION WILL APPLY WHETHER OR NOT KEYNET
IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES
AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES
AVAILABLE FROM KEYNET AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS
AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS,
OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT,
BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT FOR WHATEVER REASON.
18)
Force Majeure
If by reason of failures of telecommunications or
internet service providers, labor disputes, riots,
inability to obtain labor or materials, earthquake,
fire or other action of the elements, accidents,
governmental restrictions or other causes beyond
the control of Keynet, Keynet is unable to perform
in whole or in part its obligations as set forth
in this Agreement, then Keynet shall be relieved
of those obligations to the extent it is so unable
to perform and such inability to perform shall not
make Keynet liable to the User.
19)
Survivability
The terms of this Agreement apply to those obligations
that survive any cancellation, termination, or rescission,
namely - warranty, indemnification, liability and
limits thereon, rights and obligations upon and following
termination and assignment.
20)
Indemnification
Keynet customers agree to protect, defend, hold
harmless, and indemnify Keynet, any third party entity
related to Keynet (including, without limitation,
third party vendors), and Keynet's executives, directors,
officers, attorneys, managers, employees, consultants,
contractors, agents, parent companies, subsidiaries,
and co-subsidiaries with the same parent company
as Keynet, from and against any and all liabilities,
losses, costs, judgments, damages, claims, or causes
of actions, including, without limitation, any and
all legal fees and expenses, arising out of or resulting
in any from the customer's use of Keynet's services.
21) Modification
This TOS are not exhaustive and Keynet reserves
the right to add, delete, or modify any provision
of its TOS at any time without notice, effective
upon either the posting of the modified TOS to www.Keynet.com.hk
or notification of the modified TOS. Any complaints
about a customer's violation of the TOS should be
sent to info@Keynet.com.hk. The TOS supersedes any
other agreement with Keynet, whether written, oral,
by conduct, or otherwise.
22)
Others
Keynet reserves the rights to amend any particular
package, program, facility or network configuration
and topology which provide and may provide through
the services without prior notices to subscribers.
Supplmentary
Terms of Service for Dedicated Server Service
and Virtual Dedicated Server Service
The following Supplmentary Terms of Conditions apply
only to Keynet's Dedicated Server customers, and
supplement the Terms of Service above that apply
to all Keynet customers:
Customer Security Responsibilities
The customer is solely responsible for any breaches
of security affecting servers under customer control.
If a customer's server is involved in an attack on
another server or system, it will be shut down and
an immediate investigation will be launched to determine
the cause/source of the attack. In such event, the
customer is responsible for the cost to rectify any
damage done to the customer's server and any other
requirement affected by the security breach.
Bandwidth Usage Abuse
Using Keynet's dedicated server to publish MP3,
multimedia files and softwares which leads to a
substantial usage of bandwidth is STRICTLY PROHIBITED.Keynet
pro-actively monitors backbone utilization in order
to ensure that bandwidth resources are equally
shared. Keynet has no objections against burstable
usage of the 10Mbps port however customers that
have sustained usage of 5Mbps on average
(including in/out traffic) or more may be asked
to upgrade to a dedicated service / bandwidth plan
or may have their port capped to 5Mbps.
Billing Policy
The service period set forth in this agreement is
at least 6 months and requires not less than 4
months prepayment. Customers are required to pay
charges for the service period regardless of usage.
Contradiction
Keynet Dedicated server's subscriber SHOULD NOT provide
web hosting service or any web hosting related service
which has conflicts or contradictions with Keynet's
service unless Keynet's authorization.
Control Panel
Any control panel provided to Keynet dedicated server's
customer will cease at the same time as service termination.
Subscribers have no rights to resell or transfer
any control panel provided by Keynet as such control
panel is fully owned by Keynet.
IP Address
Keynet reserves the right to charge customer a HKD500
handling fee if the ip address provided to customer
is being blacklisted by China Government or the
ip address is unable to access from China or the
ip address is being listed in any realtime blackhole
list (RBL) when the service terminates.
Acceptable Use Policy (AUP)
Use of Keynet Service constitutes acceptance and
agreement to Keynet's AUP as well as Keynet's TOS
(Terms of Service) Keynet reserves the right to revise,
amend, or modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at any time
and in any manner. Notice of any revision, amendment,
or modification will be posted in accordance with
our TOS (Terms of Service). All users of Keynet's
Internet services, and their clients, must comply
with this AUP and our TOS (Terms of Service).
We do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site,
e-mail transmission, newsgroups, or other material
created or accessible over or through the services,
except for certain proprietary Web sites. However,
in accordance with our TOS (Terms of Service), we
may remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or which
may violate this AUP. Keynet may cooperate with legal
authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension
or immediate termination of either your Keynet account
or other actions as detailed below without notice,
based upon the nature of the violation.
This document is exhaustive and only intended to
provide a basic understand of Keynet's Acceptable
Use Policy. The following are guidelines for the
establishment and enforcement of Keynet's AUP. If
a Keynet account violates this Acceptable Use Policy
or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers
of inappropriate behavior and any necessary corrective
action, however based on the nature of the violation,
could result in immediate termination of service.
The following constitute violations of this AUP:
Illegal Activities: Keynet's services may not be
used for illegal purposes, or in support of illegal
activities. Keynet reserves the right to cooperate
with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil
wrongdoing.
Harm or Endangerment to other
people: You may not
use Keynet's service to harm, or attempt to harm,
minors in any way, including, but not limited to
child pornography, or use Keynet's service to transmit
any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction
of property.
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.
Unsolicited E-mail, News Bombing
(SPAM): Use of
the Keynet service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly PROHIBITED.
Spam complaints will be sent to the e-mail address
on file. Violations of this type will result in the
immediate suspension of the offending website on
the Keynet server. Should the account become re-activated
without the express written consent of Keynet's Abuse
Department, the offending website or shared hosting
account will be immediately terminated, and may result
in suspension / termination of the server should
the site and/or client re-appear on the server. Anyone
hosting websites or services on their server that
support spammers or cause any of our IP space to
be listed in any of the various Spam Databases will
have their server immediately removed from our network.
The server will not be reconnected until such time
that you agree to remove any and all traces of the
offending material immediately upon reconnection
and agree to allow us access to the server to confirm
that all material has been completely removed. Severe
violations may result in immediate and permanent
removal of the server from our network without notice
to the customer. Any server guilty of a second violation
will be immediately and permanently removed from
our network without notice. Malicious intent to impede
another person's use of electronic mail services
or news will result in the immediate termination
of the offending Keynet account.
Copyright or trademark infringement: Use of the
Keynet service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources,
and the unauthorized transmittal of copyrighted software.
Use of the Keynet service to collect, or attempt
to collect, personal information about third parties
without their knowledge or consent. Distribution
and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Network disruptions : Use
of the Keynet service for any activity which affects
the ability of other
people or systems to use Keynet Services or the Internet.
This includes "denial of service" (DOS)
attacks against another network host or individual
user. Interference with or disruption of other network
users, services or equipment is prohibited. Keynet
will not tolerate any subscriber attempting to access
the accounts of others, or penetrate security measures
of other systems, whether or not the intrusion results
in corruption or loss of data. Keynet, does not allow
the hosting of IRC, IRC Bots, or eggdrops on our
network. Servers found hosting this material will
be subject to immediate cancellation without refund.
Use of the Keynet service to access, or to attempt
to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of Keynet's
or another entity's computer software or hardware,
electronic communications system, or telecommunications
system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited
and the offending Keynet account is subject to immediate
termination.
Security: You are responsible for any misuse of
your account, even if the inappropriate activity
was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your
account. In addition, you may not use your account
to breach security of another account or attempt
to gain unauthorized access to another network or
server.
Network Security: Keynet accounts operate on shared
network resources. Excessive use or abuse of these
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
of your account.
Reporting Violations of Keynet AUP
Keynet requests that anyone who believes that there
is a violation of this AUP direct the information
to the Abuse Department at info@keynet.com.hk if
possible, please provide the IP address and domain
name used to commit the violation, date and time
of the violation, and evidence of the violation.
Privacy Statement
Privacy for our customers is extremely important to Keynet.
We strongly believe in individual's rights to privacy
and that personal information is not a commodity and
should not be treated as one. At all times we will never
share your personal information with any third parties
without your permission.
Your email addresses are
not for sale or trade and are strictly guarded.
Our Acceptable Usage Policy prohibits
our customers from sending unsolicited bulk commercial
email (aka "spam") using our services. If
it is brought to our attention that one of our customers
is violating this policy, we take steps to stop them
and ensure it doesn't happen again. We also do everything
within our power to keep non-customers from using our
email servers for spam.
All client information such as email, phone numbers,
addresses, etc is used only for internal purposes.
Your contact information is used to get in touch with
you when necessary and for announcements and our monthly
newsletter. Financial information that is collected
is used to bill you for products and services.
(TOS,
AUP and Privacy Statement) Last Modified date:
18/7/2016
