Terms and Conditions of the Services Agreement

"In order to be a client (“Client”) of Shing Mei Web Hosting Service Company ("our company") you are required to read the terms of this Agreement carefully and you must accept all the terms and/or conditions as set out in this Agreement. Our Acceptable Use Policy as set out in the Schedule A is the policy of us does form part of this Agreement and you are also required to read and to agree to and comply with. In the course of our service to the Client, e.g. assisting the Client to register domains with the domain registrars; we have to rent the services of certain data centers and we are required to comply with the terms and conditions as set out therein the agreements (see Schedule B) entered between us and those domain registrars or data centers. As our Client, you are also required to read and to agree to and comply with those agreements. The (i) Terms of Service and Conditions, (ii) the Acceptable Use Policy and (iii) other agreements entered between our company with data centers or domain registrars constitute an agreement between you and our company and you agree to follow and comply with. In this agreement, "we," "us," and "our" refer to our company and/or its delegates; "you" and "your" refer to you and to anyone who you allow to use your account. You also agree that:

Schedule A
Acceptable Use Policy of our company of which the Client agrees to follow and comply with. If there is any discrepancy between the Agreement and this Acceptable Use Policy, the Agreement shall prevail.

1. You are required to read this Acceptable Use Policy thoroughly as this Policy protects the best interest of the Clients of our company as a whole. This Policy supplement the Agreement and you are required to agree with the terms and conditions as set out in the Agreement. This Policy and the Agreement are to set out the stance of our company to act as a neutral provider of access to the global Internet. our company reserves the rights to revise its policies at any time without prior notification.

2. By accepting of the Agreement, you agree to conduct yourself in a manner that is respectful of all the users of our company.

3. our company strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. our company does not allow unsolicited mail, includes "Spamming" and "Bulk Mail" sent to persons who have not requested or does not agree to receive such mail. The reason is that it generally frowned upon by the internet community and also demands extra bandwidth to handle the effects of such mail.

4. If any violation of this Policy occurs, our company reserves its rights to take action to control the offending clients from violating this Policy. Continuing to violate this Policy after being warned to stop is considered harassment and will result in service suspension or termination as our company deems appropriate, without further notice.

5. As part of the Internet community, Internet citizens or users should act and behave in a way that is acceptable to the whole Internet community. Abusive use of network resources is strictly prohibited.

Primary communication channel
6. Email communication is the primary communications between our company and clients. For example but not limited to all payment invoices, payment receipt and other technical support letter and daily communications will be sent by email. Client shall take the responsibility to update our company’s record at once if their contact email address is changed.

SPAM e-mail complain Handling Procedure
7. In order to assist us in responding to complaints as quickly as possible, anybody should forward the spam mail complaint with complete headers to info@shingmeihk.com.

8. our company is one of the active organizations on anti-spam campaign. When receiving a complaint from Trusted AntiSpam Organizations, our company will suspend the services at once without a warning notice. The client will be required to move out and a period of 7 days will be given to the client to download all their data from our servers. During this period, only ftp and pop3 access is enabled for the client. All other services (for example but not limited to DNS, Web, Web mail and SMTP) will be kept in suspended status. our company will remove all data/record of the corresponding domain after 7 days.

9. our company's client is responsible for itself and its clients/end-users for UBE/UCE that passes through its connection to our company.

Trusted SPAM Reporting System and Open Relay Database System
10. There are many SPAM Reporting Systems and Open Relay Database Systems in the world. Some of the organizations are well recognized. They have well developed policy and system to handle spam complaints, blacklist and open relay testing for Internet hosts.

The following organizations are part of the ones our company recognizes. If Client receives complaints from those organizations, our company will follow the “SPAM e-mail complain Handling Procedure” to resolve the problem :

Spamcop.net (http://www.spamcop.net/)
Spamhaus.org (http://www.spamhaus.org/)
ORDB.org (http://www.ordb.org/)

Services Cancellation Policy
11. Below is a summary of our company's cancellation policy for web hosting clients. For complete details, please see the Agreement. This information is provided solely as a guide to our cancellation policy, and in the event of discrepancies, the information in the Agreement prevails.

Account Cancellation
12. During First 30 Days
For virtual hosting accounts on monthly, quarterly or yearly payment plans, HKWebHost Internet Service will accept cancellation of these accounts at anytime within the first 30 days, beginning on the date the account set-up e-mail is sent. Qualifying accounts should follow the procedures outlined in “Procedures” section.

- All other Cancellations
our company accepts an account cancellation for any virtual server account provided it is submitted at least thirty (30) days before the beginning of the next billing term. Accounts cancelled with less than thirty (30) days advance notice will recur for an additional term before being cancelled.

Account Cancellation Procedures
13. Postal Mail/Facsimile
our company accepts account cancellations in writing which are submitted via facsimile or received via postal mail. Please fill with all required infomation and then fax or post back to us.
If any of the above information is absent, the cancellation shall not be accepted.

- No Other Methods Accepted
To protect our clients from unauthorized account cancellations, no other means of cancellation will be accepted by our company. Under no circumstances will our company accept an account cancellation over the telephone.

Result of Cancellation
14. End of Term Requests
Upon received the valid requests for termination from the Client, the account is to be cancelled at the end of the term; the client shall retain full rights to the account until the current billing term is concluded. On the first day following the expired term, the account shall be terminated. It is the responsibility of the Client to ensure that all data and e-mail is downloaded prior to such termination. Once the account is cancelled, it cannot be reopened without renewing for an additional term.

- Immediate Requests
Clients who choose to have their account cancelled immediately will lose access to all data and e-mail as soon as the virtual authorization is received or on the day the facsimile or postal mail cancellation request is received. It is essential that the Client has downloaded all e-mail and data prior to such request. Once the request is processed, the account can only be reopened by renewing the account for an additional term.

Compliance of Laws
15. our company furthermore expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate our company acceptable use policy and terms of Agreement. Finally, our company wishes to emphasize that in accepting services, subscribers indemnify our company for any violation of the subscriber of the Agreement, or of law or our company policy or the Agreement that results in loss to our company or the bringing of any claim against our company. This means that if our company is sued because of activities of the Client that violate any law, the Agreement or this Policy (which is part of the Agreement), the client shall pay any damages awarded against our company, plus costs and reasonable attorneys' fees.

Notification
16. This Agreement is subject to be changed with notice by publication on our company's Web site. Client shall be responsible for monitoring the web site of our company for changes. our company reserves its rights to make changes to any terms of this Agreement and the Acceptable Use Policy and the revised or new Agreement and the acceptable Use Policy shall be effective immediately after the posting by our company at its web site without prior notice to the Client. The Client shall visit the web site of our company to view the latest version of this Agreement and Acceptable Use Policy from time to time. our company further reserves all its rights on final explanation of the meanings of the content in this Agreement. Changes in monthly service fees shall be effective only after the end of any calendar quarter for which Client has already prepaid. The use of the service by the Client following the effective date of such change of monthly service fees shall be constituted as proof of acceptance by Client of such change(s).


Schedule B
Other agreements entered between our company with data centers and domain registrars of which the Client agrees to follow and comply with

1. Terms and Conditions of Data Center-HKNet Company Limited
General Terms and Conditions
http://www.hknet.com/corp/doc/HKNet%20GeneralConditions%20_05-05_.pdf

Digital Business Data Centre Policy
http://www.hknet.com/corp/images/dc_rules_regulations.pdf

2. Terms and Conditions of Domain Registrar
Terms and Conditions of Domain Registrars 1 - OnlineNIC
https://www.onlinenic.com/terms/service-terms.htm

Terms and Conditions of Domain Registrars 2 - HKDNR
Registration Agreement
https://www.hkdnr.hk/register/registraion_agreement.jsp

Rules
https://www.hkdnr.hk/register/rules.jsp

Dispute Resolution Policy
https://www.hkdnr.hk/dispute_resolution/dispute_resolution_policy.jsp?path=dispute_resolution&item=0

Rules of Procedure
https://www.hkdnr.hk/dispute_resolution/rules_of_procedure.jsp

HKIAC Supplemental Rules
https://www.hkdnr.hk/dispute_resolution/en_2nd_dispute_supplemental.jsp

(Last Updated On NOV 2020)