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Terms of Service

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1. GENERAL
1.1. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY HostPro SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as "CUSTOMER") AND HostPro Sdn. Bhd. (hereinafter referred to as "HostPro").

1.2. Please note that this agreement is subjected to change and it is CUSTOMER's responsibility to regularly check for modifications. If CUSTOMER signed up for the Service before the Revision date listed above, the new version will become effective thirty (30) days after the Revision date listed above. Continued use of the service constitutes acceptance of the new version of this agreement.

1.3. HostPro reserves the right to terminate or refuse service to anyone, at any time and for any reason, including but not limited to violation of HostPro's Acceptable Use Policy (AUP) or laws of Malaysia. Should HostPro terminate CUSTOMER's service for a reason other than violation of the Acceptable Use Policy, HostPro will issue CUSTOMER a refund for the remaining paid period of service. Under no circumstances is HostPro responsible for any damages resulting from termination of service. HostPro reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without a cause.

1.4. HostPro has the right to cancel products and services without refund for pending orders due to insufficient information and/or documents supplied. All information & document(s) shall be submitted to HostPro within 90 days from the purchase date, any failure to do so will result in the cancelation of the service/product by HostPro.

2. OUR OBLIGATIONS
2.1. HostPro will provide the web hosting and supplementary services in accordance with the product description and in accordance with the existing policies.

2.2. HostPro is obligated to provide all web hosting services and service all CUSTOMERS in a prompt and professional manner.

2.3. HostPro will never sell or disclose CUSTOMER's contact information, data or CUSTOMER lists to any third party, unless required by law or specifically authorised by CUSTOMER.

3. CUSTOMER OBLIGATIONS
3.1. CUSTOMERS must use reasonable security precautions in regard to using HostPro services.

3.2. CUSTOMER is obligated to comply with the current Malaysian laws and with AUP.

3.3. CUSTOMERS are required to cooperate with HostPro during investigation of service outages, security problems, and/or any suspected breach of the AUP.

3.4. CUSTOMER is responsible for keeping account permissions, billing, and other account information up-to-date. CUSTOMERS are obligated to pay the fees for the services within the period of time stated in the invoice to avoid suspension of service.

4. DATA CENTRES & SERVER COLOCATION
4.1. HostPro is determined to provide the best server facilities for all our CUSTOMERS. Therefore, CUSTOMERS agree to relocation of servers within our data centres, changes to the provision of the services, IP Adresses, DNS records and zones. In each case, HostPro will provide a notice in advance within a reasonable time frame and take all the reasonable actions to minimise the effect of such changes on the use of our services.

4.2. CUSTOMERS have up to 30 days to remove any server/device from our premise after cancellation or service expiration.

4.3 HostPro will start charging RM100.00 per month for storage fees if the server/device are not removed after 30 days.

4.4 Should any server/device still remains with HostPro after 180 days, it is deemed CUSTOMERS are no longer interested in the server/device. HostPro reserves the right to dispose the server/device after 180 days.

4.5 Click HERE to review the latest Co-location Policies and Procedures by HostPro.

5. WEBSITE MIGRATION
5.1. HostPro migration team will make every effort to help CUSTOMER migrate the website and its content over to us. However, please take note that this service is provided as a courtesy to CUSTOMER that is performed on the "best effort" basis and HostPro cannot be held responsible should there be any migration failure due to various reasons. HostPro cannot guarantee all data transfer to be accurate and cannot estimate the exact time required to complete the migration.

5.2. Some web hosting companies save data in their propriety format making migration difficult or in some cases impossible. Although HostPro will surely make the best effort to complete the migration, in some cases we may not be able to assist.

5.3. HostPro Shared Hosting migration services are completely free of charge and are offered for 30 days from the sign-up date. Migrations made outside this 30-days free migration period or websites exceeding 1000MB (1GB) will incur a one-time professional service charge calculated on hourly basis. Please contact our sales department for a quotation.

5.4. If you are not satisfied with your current web hosting provider you may take advantage of our Migrate2HostPro program, which will provide you a free migration as well as RM150 of credits for future purchases.

6.SCRIPTS AND SOFTWARE
6.1. It is CUSTOMER's responsibility to ensure that scripts/programs/software are properly installed in CUSTOMER's account. HostPro is not responsible for securing and setting the permissions of directories. HostPro recommends CUSTOMERS to set highly restrictive permissions (such as 755).

6.2. CUSTOMER is ultimately responsible for all actions taken under CUSTOMER's account. This includes but not limited to the compromising of credentials such as username and password. It is required that CUSTOMER uses a strong and secure password. If the password is weak, CUSTOMER's account may be suspended by HostPro until the password is replaced with a more secure password.

7. RESOURCE USAGE
7.1. CUSTOMER may not use 25% or more of system resources for longer than 90 seconds at a time. If CUSTOMER overuses the allocated shared resources, his account will be suspended. If the account repeatedly causes server overload, HostPro reserves the right to terminate the account permanently or impose an overload penalty fees to the CUSTOMER. To avoid such suspension or penalty fees, HostPro advises CUSTOMERS not to use our Shared Hosting resources for their activities, which include but are not limited to torrent applications, trackers, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs. Please refer to the Acceptable Use Policy and our Shared Hosting Resource Limits for more details on permitted and prohibited practices of using HostPro resources.

7.2. SHARED HOSTING
7.2.1. HostPro uses CloudLinux OS (LVE) to ensure stability and security of all Linux Shared Hosting accounts in our system. Today, a single website can consume all CPU, IO, Memory resources or apache processes and bring the server to a halt. This is the most common reason for server downtime. LVE is designed especially for servers being used by multiple users, making the situation where one or several users cause severe load or even hang up the server impossible. LVE allows to track and limit the resource usage for the benefit of all users. For Windows Shared Hosting HostPro uses a similar vistualisation technology to allocate shared resources.

a. CPU LIMIT
Each account in the Linux and Windows Shared Hosting environment is allowed to use not more than 25% of total CPU of the server. If your account hits this limit, your website will slow down.
b. MEMORY LIMIT
Each account has an allocated amount virtual memory and of physical memory depending on your service subscription. If your account hits this limit, your website will show a "500 error" message.
c. ENTRY PROCESSES
HostPro provides an amount of concurrent connections based on your service subscription. CUSTOMERS won't normally hit this limit unless they have poorly coded scripts that fail to execute properly. CUSTOMER website will show a "508 error" if this limit is reached. If CUSTOMER's account is continuously hitting the limits and it is affecting the running of the website, please contact support to discuss options. We can assist with diagnosing any problematic scripts to reduce usage or help you upgrade to a dedicated environment.
d. HOSTING SPACE
Shared Hosting accounts are meant for hosting CUSTOMER's website content. Using Shared Hosting space as backup/storage device is strictly not permitted.
e. EMAIL
All Shared Hosting plans are set with an hourly sending limit of not more than 200 emails within a given hour except for Business Class Shared Hosting which has 400 emails sending limit per hour. This policy is important to prevent spamming activities either deliberate or through poorly secured computers that are hacked for sending spamming emails.

For our Windows Economy Shared Hosting plans using Smartermail, there is a limit of 10GB for total space for email storage.

For our Linux Economy Shared Hosting plans, each email account must be less than 10GB but the total space for email storage is dependent on the service you have subscribed to.

For our Business Class Shared Hosting plans, each email account must be less than 10GB but the total space for email storage is dependent on the service you have subscribed to.

For our WordPress Shared Hosting plans, each email account must be less than 10GB but the total space for email storage is dependent on the service you have subscribed to.

Any accounts that exceed the email storage size may be suspended. We recommend to use an email client such as Outlook or Thunderbird to download and manage all emails on a local computer, this protocol is known commonly as POP3.

7.3. UNLIMITED USAGE
7.3.1. HostPro does not set a limit or cap on the amount of resources a single CUSTOMER can use. HostPro makes every commercially reasonable effort to provide its CUSTOMERS with all the resources needed to power their web sites successfully. HostPro's offering of "unlimited" services is not intended to allow the actions of a single or few CUSTOMERS to unfairly or adversely impact the experience of other CUSTOMERS.

7.3.2. In a Shared Hosting server, multiple CUSTOMERS' websites share the same server resources. HostPro's service is designed to meet the typical needs of a small business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

7.3.3. HostPro will make every commercially reasonable effort to provide additional resources to CUSTOMERS who are using our services, including moving CUSTOMERS to newer and bigger shared servers as necessary. However, in order to ensure a consistent and high-quality experience for all CUSTOMERS, HostPro does place automated safeguards to protect against any website growing too quickly and adversely impacting the system. Such safeguards will take action until HostPro can evaluate said website's resource needs. Accounts with a large number of files (inode count in excess of 250,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of MySQL tables (i.e., over 1000 database tables) or large database size (i.e., in excess of 3GB total MySQL usage per account or 2GB MySQL usage in a single database) negatively affect the performance of the server. HostPro may request CUSTOMER to reduce the number of files/inodes, database tables, or total database to ensure proper performance or may terminate CUSTOMER's account, with or without prior notice.

7.3.4. Unlimited Domain Hosting. HostPro does not set arbitrary limits on the number of domain names a CUSTOMER can associate with the CUSTOMER's web hosting account. However, HostPro reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other CUSTOMERS.


7.4. UNMETERED
7.4.1. If Customer is given a 1Gbps (1000Mbps) Unmetered Bandwidth then the Customer is able to push and pull as much data as it can handle without fear of overage costs, up to 1Gbps per month. If the Customer exceeds the commercially reasonable bandwidth consumption, the speed will be going to be throttled until the next following month or until the customer upgrades their package.

7.5. INODES
7.5.1. Accounts found to be exceeding the 50,000 inode limit will automatically be sent a reminder and removed from our backup system to avoid over-usage. Accounts found to be exceeding the 200,000 inode limit will automatically be sent a reminder and removed from our backup system to avoid over-usage. If the account hit 250,000 inodes on any Shared Hosting account, auto suspension will be imposed and removed from our backup system.

7.6. BACKUP LIMIT AND DATA LOSS
7.6.1. Any Shared Hosting account using more than 10GB of disk space will be removed from our weekly backup schedule with the exception of database. However, all data will continue to be mirrored to a secondary drive. Take note that backup service is provided as a courtesy service and HostPro cannot be held liable for any data loss. CUSTOMERS are responsible for the use of R1Soft service at their own risk. HostPro is not responsible for files and/or data residing on the CUSTOMER's account. CUSTOMER is advised to maintain a backup copy of their data on their own. In case of data loss, HostPro will provide the courtesy service of restoring the data into the account. Take note that data restored may not be up to date and HostPro can only restore the data from the latest backup copy. There is no backup for VPS, Dedicated Server or any other plans, unless it is stated otherwise in the product description. CUSTOMERS must subscribe to our backup services to have data backup for services other than.

7.7. BANDWIDTH USAGE
7.7.1. CUSTOMER is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the CUSTOMER's account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the CUSTOMER upgrades to a higher package or pays additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.

8. DOMAIN NAME
8.1. IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CUSTOMER AGREES THAT HostPro'S ENTIRE LIABILITY TO CUSTOMER, SHALL BE LIMITED TO THE FEES CUSTOMER PAID TO HostPro FOR THE PARTICULAR SERVICE IN CONTENTION.

HostPro and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of HostPro's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, HostPro's liability shall be limited to the smallest amount permitted by law. HostPro disclaims any loss or liability resulting from:

- Access delays or interruptions to our website or domain name registration system;
- Data non-delivery between CUSTOMER and HostPro;
- Events beyond HostPro's control (i.e. acts of God);
- The loss of registration or processing of a domain name or the use of a domain name;
- The failure for whatever reason to renew a domain name registration;
- The unauthorised use of CUSTOMER's account with HostPro or any of services provided to CUSTOMER by HostPro;
- Errors, omissions or misstatements;
- Deletion of, failure to store, or failure to process or act upon email messages;
- Processing of updated information to CUSTOMER's registration record;
- Development or interruption of CUSTOMER's website;
- Errors taking place with regard to the processing of CUSTOMER's application;
- Application of Dispute Resolution Policy; and
- Any act or omission caused by CUSTOMER or CUSTOMER's agent (whether authorised by CUSTOMER or not)
- Please view Registrant Rights and Responsibilities for more details.
- Please view Registrant Rights and Responsibilities for more details.

9. CONTENT
9.1. All services provided by HostPro may only be used for lawful purposes. The laws of Malaysia apply. The CUSTOMER agrees to indemnify and hold HostPro harmless from any claims resulting from the use of our services. Please refer to the AUP for more details on prohibited content and practices.

10. CUSTOMER SUPPORT
10.1. HostPro provides 24 hours CUSTOMER service and is committed to providing the best possible support for all CUSTOMERS. All the services and response times for each support channel are listed in the Service Level Agreement. If CUSTOMER's subscription does not contain some services requested by CUSTOMER, HostPro reserves the right to charge RM100/hr for any website/server troubleshooting and extra services. HostPro at its sole discretion reserves the right to deny providing services requested by the CUSTOMER with or without reasons. For any services rendered, charged or not charged, HostPro provides support on the "best-effort" basis. HostPro will not be held responsible for any other issues that resulted directly or indirectly due to the support given. Should HostPro provide FREE support to the CUSTOMER in any instance, this is a courtesy service and cannot be defined as evidence that HostPro must commit to providing FREE support to the CUSTOMER for the lifetime of the services agreed upon. In this case, HostPro reserves the right to stop providing courtesy service to the CUSTOMER at any time.

11. PAYMENT
11.1. Payments are generally due on the first day of each month or as per due date of the Invoice. HostPro dispatches multiple email Invoices prior to the expiry date. Emails are issued as a courtesy to the CUSTOMER. CUSTOMER will maintain awareness of its usage levels, of the fees it owes HostPro and the due dates. HostPro will not accept the reason of late payment or no payment due to email not received.

11.2. If payment is not received within 10 calendar days after the due date, CUSTOMER's account will be suspended, and may incur RM100.00 reconnection fee at HostPro's discretion.

11.3. If the account is suspended for over 10 calendar days, RM250.00 setup fee may be imposed, for instance if HostPro needs to re-setup an entire server for the CUSTOMER.

11.4. Accounts may be deleted if they have spent 10 or more calendar days in a suspended state.

11.5. Accounts past due may be subjected to interest at the rate of 3% per month.

11.6. Any discrepancy or dispute in invoice or payment made must be reported to HostPro within 30 days after payment is made. HostPro will not accept any dispute in payment made after 30 days.

11.7. Payment sent to us without any information provided or partial information provided will not be accepted as payment made. It is not HostPro's responsibility to followup on the payment detail. Customer should be responsible to check on the invoices to make sure if payment is sent, full payment detail is provided so HostPro can update the payment record to our billing system.

12. PRICE PROTECTION
12.1. The amount CUSTOMER pays for hosting will never increase from the date of purchase unless there are certain terms involved such as a first-year promotion etc. HostPro reserves the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time without prior notice. Should the CUSTOMER request to upgrade the features of the subscribed package, there may be an upgrade fee incurred.

12.2. PRICE PROTECTION does not apply to third-party licensed products. Such third-party licensed products may have their pricing amended without preliminary warning.

13. PRICE CONTRACT
13.1. All web hosting services will have 1-year price contract. This means the price will be fixed for a period of 1 year regardless of whether the CUSTOMER is paying monthly, quarterly or semi-annually. In the event the CUSTOMER requests for a price adjustment, a contract breaking fee of RM100.00 will be imposed.

14(a). 30-DAY MONEY BACK GUARANTEE
14(a).1. To ensure 100% CUSTOMER satisfaction, HostPro provides a 30-day money back guarantee from the commencement date for products that are not third party licensed. HostPro does not offer 30-day money back guarantee for the products and services we are reselling. Such third-party licenses and products include but are not limited to cPanel, Plesk, SmarterMail, Microsoft Licensing, Office 365, SSL Certificate, MailBlast, Server Co-location, Duda Website Builder, Domain Names and any other products that involve third parties.

a. HostPro PUBLIC CLOUD HOSTING & PREMIUM EMAIL HOSTING
- Guarantee applies to first time purchases only.
- 30-day period begins when hosting login information is received.
- Refund will be provided only if CUSTOMER experiences technical problems caused or related to items 100% controlled by HostPro.
- Refund is granted at HostPro's sole discretion.
- Refund decision made by HostPro is final.

b. HostPro MICROSOFT SHAREPOINT, HostPro MICROSOFT EXCHANGE HOSTING, HostPro MICROSOFT SKYPE HOSTING
- Guarantee applies to first time purchases only.
- 30-day period begins when CUSTOMER receives server login information.
- Refund will be provided only if CUSTOMER experiences technical problems caused or related to items 100% controlled by HostPro.
- Refund does not include any setup fees or fees for installation of operating system or software.
- RM50.00 will be deducted from the refund as a restocking fee for any account without setup fees.
- Reconnection fee of RM50 will apply for suspended accounts that are unpaid for more than 7 days.
- SMTP port service is only allowed in Primary and Secondary IP for Virtual Private Server (VPS) hosting. For any additional IPs, the SMTP port services will be blocked.
- Refund is granted at HostPro's sole discretion.
- Refund decision made by HostPro is final.

c. VPS, DEDICATED SERVER, CO-LOCATION
- Guarantee applies to first time purchases only.
- 30-day period begins when CUSTOMER receives server login information.
- Refund will be provided only if CUSTOMER experiences technical problems caused or related to items 100% controlled by HostPro.
- Refund does not include any setup fees or fees for installation of operating system or software.
- RM250.00 will be deducted from the refund as a restocking fee for any account without setup fees.
- RM50.00 will be deducted from the refund as a restocking fee for any VPS account without a setup fee.
- Reconnection fee of RM100 will apply for dedicated server account re-activation for invoices that are unpaid for more than 7 days.
- SMTP port service is only allowed in Primary and Secondary IP for Dedicated Server and Co-location servers hosting. For any additional IPs, the SMTP port services will be blocked.
- Refund is granted at HostPro's sole discretion.
- Refund decision made by HostPro is final.
- There will be no refunds on third-party licensed products that include but are not limited to operating systems, control panel, database and any other third-party licensed product.

d. HostPro INSTANT WEBSITE BUILDER
- No refunds will be provided. The CUSTOMER must do their own due diligence and request a trial from HostPro and deem that the product is suitable for his/her requirements.
- Some products and services inside Website Builder are not eligible for refund; unless otherwise provided by law, all purchases of these types of products and services are final and non-refundable:
- All set-up fees, one-time or annual, in connection with Website Builder, including but not limited to website design services from HostPro and the API; premium images; and/or any other product or service associated with Website Builder is non-refundable.
- If and when participating in a free trial for Website Builder, CUSTOMER has a right to use the service for the duration of the trial for free with no financial obligations. It is the CUSTOMER's duty to request a free trial from HostPro to assess whether the product is fit for use.

e. HostPro EMAIL MARKETING
- No refunds will be provided. The CUSTOMER must do their own due diligence and request a trial from HostPro and deem that the product is suitable for his/her requirements.
- Some products and services inside Mailblast are not eligible for refund; unless otherwise provided by law, all purchases of these types of products and services are final and non-refundable:
- All set-up fees, one-time or annual, in connection with Mailblast, including but not limited to design services from HostPro and the API; premium images and/or any other product or service associated with Mailblast is non-refundable.
- If and when participating in a free trial for Mailblast, CUSTOMER has a right to use the service for the duration of the trial for free with no financial obligations. It is the CUSTOMER's duty to request a free trial from HostPro to assess whether the product is fit for use.

f. MICROSOFT OFFICE 365
- No refunds will be provided. The CUSTOMER must do their own due diligence and request a trial from HostPro and deem that the product is suitable for his/her requirements.
- Products and services associated with Microsoft Office 365 are not eligible for refund.
- All set-up fees, one-time or annual, in connection with Microsoft Office 365 are non-refundable.
- If and when participating in a free trial for Microsoft Office 365, CUSTOMER has a right to use the service for the duration of the trial for free with no financial obligations. It is the CUSTOMER's duty to request a free trial from HostPro to assess whether the product is fit for use.

g. SITELOCK
- Products and services associated with SiteLock are not eligible for refund.
- All set-up fees, one-time or annual, in connection with SiteLock are non-refundable.

h. SSL CERTIFICATES
- Products and services associated with SSL Certificates are not eligible for refund.
- All set-up fees, one-time or annual, in connection with SSL Certificates are non-refundable.
- Any cancellation/refund of SSL Certificate orders must be made within 14 days of purchase. HostPro has the right to charge RM100 processing fee (per SSL Certificate) and the balance is refundable to CUSTOMER.

14(b). 3-MONTH MONEY BACK GUARANTEE
14(b).1. To ensure 100% CUSTOMER satisfaction, HostPro provides a 3-month money back guarantee from the commencement date for products that are not third party licensed. HostPro does not offer 3-month money back guarantee for the products and services we are reselling. Such third-party licenses and products include but are not limited to cPanel, Plesk, SmarterMail, Microsoft Licensing, Office 365, SSL Certificate, MailBlast, Server Co-location, Duda Website Builder, Domain Names and any other products that involve third parties.

HostPro SHARED HOSTING
- Guarantee applies to first time purchases only.
- 3-month period begins when hosting login information is received.
- Refund will be provided only if CUSTOMER experiences technical problems caused or related to items 100% controlled by HostPro.
- Refund is granted at HostPro's sole discretion.
- Refund decision made by HostPro is final.

15. CANCELLATION POLICY
15.1. HostPro has full right to deduct the fee for any domain name which is tied to hosting/server for any refund or cancellation case. CUSTOMER shall follow the Cancellation Policy with no exception.
- All cancellations require a 30-day notice.
- All monthly fees are applied if cancellation is made before the expiration date.
- Total fees will be calculated as the monthly fees multiplied by the duration of the service used plus a 30-day notice.
- RM250.00 will be deducted from refund as a restocking fee for any account without setup fees.
- All new Shared Hosting plans are only eligible for 30-day money back guarantee. No refund will be granted if the subscription is cancelled prematurely after the 30 days period.
- There is no refund for renewed Shared Hosting accounts.

15.2. Any cancellation of SSL Certificate orders must be made within 14 days of purchase. HostPro has the right to charge RM100 processing fee (per SSL Certificate) and the balance is refundable to CUSTOMER.

15.3. For any cancellation of products or services, CUSTOMER must provide prior notice of at least 30 days before the expiry date shown on current renewal invoice.

15.4. For yearly contract cancellation, HostPro will charge CUSTOMER according to the monthly package fees, setup fees and other miscellaneous fees involved. Any discount provided during yearly contract will not be valid if the yearly contract is cancelled. The refund will be calculated by subtracting the total charged monthly from the total paid yearly.

15.5. For refunds due to server or network downtime, CUSTOMER is responsible for notifying the billing department of any credits due for the month within 7 days from the time of the incident. CUSTOMER should supply all relevant information, including ticket IDs, for credit to take place. All refund claims or cancellation requests must be done in writing or via a support ticket with CUSTOMER's root username and passwords for the server.

15.6. CUSTOMER will retain records of the Terms and Conditions of their product or service for future reference. HostPro may change prices, add or delete features or restrictions at any time, and such changes will not affect the initial agreement between CUSTOMER and HostPro. This Terms and Conditions agreement will govern in case of any conflict between and other policies or terms.

16. SERVICE DELIVERY
16.1. Delivery periods can only be estimated. Exceeding the delivery time never entitles CUSTOMER to be paid damages or to apply for cancellation of the order. Should there be a delay due to a reason within HostPro itself such as HostPro is temporarily or permanently unable to fulfill the order partially or completely, HostPro reserves the right to partially or completely cancel or decline the order. HostPro also reserves the right to deliver the order with similar specifications or higher. HostPro will notify CUSTOMER of such decisions.
16.2. Once the service is delivered, it is the CUSTOMER's responsibility to check and report back within 7 days for any discrepancies or related problems. HostPro will take the effort to rectify the problem including re-installation or replacement of the entire server without any charges. However, if the report is made after 7 days, there will be a charge for any services rendered.

17. IP BLACKLISTING
17.1. IP addresses that are blacklisted by any spam organisation including but not limited to SpamHaus or SpamCop will be temporarily suspended and all email services from the affected server will cease to operate to ensure no further damage would be incurred on the reputation of the IP block. A de-listing fee of RM400 is charged by the upstream service provider for every IP blacklist incident for case management and resolution. Depending on the nature and frequency of the spamming activity, a new IP may be assigned to the affected server as a last remedying solution to resume full email services. Rectification steps would only be taken provided that all spamming activities have receded permanently and the de-listing fee is paid.

a. SHARED HOSTING
- Hosting account which has been identified with repeated and massive spamming activities (direct or indirectly) will be suspended / terminated.

b. VIP-MANAGED VPS / DEDICATED SERVER / CO-LOCATION:
- Server owner is required to report the issue to technical support for identifying the spam root cause and to engage our upstream provider to assists with the IP de-listing. For massive spamming or recurring instances of spamming, a de-listing fee of RM400 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy. SMTP port service is only allowed in Primary and Secondary IP for Dedicated Servers and Co-location servers hosting. SMTP port services are blocked for all additional IP addresses.

c. VPS / DEDICATED SERVER / CO-LOCATION:
- Server owner will be notified via the IP blacklisting report and will be given a guide on how to identify the spam root cause and resolve the issue. For massive spamming or recurring instances of spamming, a de-listing fee of RM400 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy. SMTP port services is only allowed in Primary and Secondary IP for Dedicated Server and Colocation servers hosting. SMTP port services are blocked for all additional IP addresses.

18. DATA RESTORATION
 18.1. HostPro reserves the right to impose a data restoration fee for requests to retrieve lost data, restoration of data will be done on best effort basis where possible. Restoration fees are listed below:

a. Shared Hosting: RM150.00

b. VPS Hosting: RM250.00

c. Dedicated Server Hosting: RM350.00

19. RESELLER TERMS
 19.1. Resellers shall ensure that each of their clients complies with this Agreement.
19.2. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. HostPro is not responsible for any content or practices of resellers' clients that violate Laws of Malaysia, this T&C or other policies.
19.3. HostPro is not responsible for any actions or omissions of resellers. The reseller hereby agrees to indemnify HostPro from and against any and all claims made by anyone as a result of reseller's actions or omissions.

20. ACCEPTABLE USE POLICY
 20.1. CUSTOMER is required to read HostPro's Acceptable Use Policy ("AUP"). CUSTOMER will adhere to the AUP and will not allow the HostPro services or equipment to be used for activities prohibited by such policies. HostPro may revise the AUP from time to time by posting a new version thereof on the HostPro Website, and CUSTOMER is responsible for awareness of such revisions. In the event of any conflict between the AUP and Terms and Conditions, the Terms and Conditions will govern. HostPro may impose penalty fees to the CUSTOMER if the AUP is violated.

21. WARRANTY
 21.1. HostPro's services are provided on an "as is" and "as available" basis. HostPro does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. HostPro makes no express or implied warranties, including without limitation warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice provided by HostPro or any of its representatives will create a warranty.

22. INDEMNIFICATION
22.1. CUSTOMER agrees that they shall indemnify HostPro harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against HostPro, its agents, its CUSTOMERS, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CUSTOMER, its agents, employees or assigns. CUSTOMER agrees to defend, indemnify and hold harmless HostPro against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with HostPro;
- Any material supplied by CUSTOMER infringing or allegedly infringing on the proprietary rights of a third party;
- Any copyright infringement;
- Any defective products sold by CUSTOMER from HostPro's server.

23. DISCLAIMER
 23.1. HostPro will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if HostPro was advised in advance of the possibility of such damages. HostPro's maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to CUSTOMER during the 12 months preceding the claim.

HostPro will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from:

- Other HostPro CUSTOMERS or third parties accessing CUSTOMER's data or assigned computers;.
- Security breaches;.
- Eavesdropping;.
- Denial of service attacks;.
- Interception of traffic sent or received using HostPro's service;.
- CUSTOMER's reliance on or use of the service;.
- Mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service;.
- The accuracy, completeness, and usefulness of the service; or loss of data or loss of access to data..

HostPro's limitations and exclusions of liability apply equally to HostPro's officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.