TERMS AND CONDITIONS OF ASIAHOST SERVICES

1. Definitions

ASIAHOST	Means ASIAHOST and any successors assigns, subsidiaries and any other persons or entities involved in the provision and offering of ASIAHOST service(s).
ASIAHOST Customer(s) or Customer or Subscriber	Individual(s) who is/are an offeree(s) and acceptee(s) of ASIAHOST service(s), i.e. ASIAHOST Customer/ Subscriber.
Agreement	Means this Agreement, any relevant Service Subscription Form together with these Services Subscription Agreement Terms and Conditions, the Terms and Conditions and any Appendices annexed hereto, and any modification or amendment thereof published by ASIAHOST.
Designated User	Means a user of the Services designated by the Subscriber and assigned a user ID and password by ASIAHOST.
Fees	Means any sign-up fee, annual fee, quarterly fee, monthly fee, connection time charges, interconnection charges, account reactivation charges, any applicable taxes or tariffs, home page production charges, minimum charges and other charges in respect of the Services published from time to time by ASIAHOST over the Services.
IP Address	Means Internet Protocol Address. Each IP address allocated to the Customer by ASIAHOST from time to time
Operating Rules	Means the rules relating to the Services published by ASIAHOST from time to time.
Services	Means Internet access, access to any auxiliary Internet-based technologies, Internet presence, information services, consulting, Internet working services, software, other contents and services provided by ASIAHOST.
Third Party Content	Means any information, software or other content provided by a third party, which is accessible through or by virtue of the Services.
Third Party Provider	Means any person or entity, which provides Third Party Content.

2. Subscription

Subscriber agrees to subscribe to the Services and ASIAHOST agrees to provide the Services in consideration of the Fees and other terms and conditions of this Agreement.

3. Payment

ASIAHOST will invoice the Subscriber on an advance basis by E-mail, or by post or fax in all other cases at ASIAHOST’s option. ASIAHOST also reserves the right to amend the invoicing period and to submit interim invoices to you. Payment is due upon receipt of invoice without deduction or setoff for all Fees associated with the use of the Services accessed through the Subscriber’s account or password. Without limiting the generality of the foregoing, no credit or refund will be made in respect of downtime of the Services. Invoice is due on presentation and the Subscriber shall be paid in full within 7 days from the invoice date. If payment of outstanding Fees is not received by ASIAHOST, a late charge of 2% per month shall be assessed on the outstanding balance until the Fees are paid in full, and ASIAHOST may suspend or terminate the Services provided to Subscriber at its sole discretion. In the event ASIAHOST has assigned a credit limit to the Subscriber’s account, the Subscriber shall immediately pay the amount in excess of such credit limit. If such excess is not paid or settled, ASIAHOST may immediately suspend the Services provided to Subscriber at its sole discretion. ASIAHOST may temporarily suspend the Services in whole or in part at any time without notice if you do not comply with any of the terms of this Agreement, including but not limited to non-payment of any sums due from the Subscriber to ASIAHOST or in any circumstances where ASIAHOST would be entitled to terminate this Agreement. The Subscriber will remain liable for all fees during the period of such suspension. ASIAHOST reserves the right to charge for re-connection and require revised payment terms. The Subscriber expressly agrees to accept ASIAHOST’s computer records as the official record for calculating and charging the Fees payable by the Subscriber. If any fee payable by the Subscriber and appearing on any invoice is not queried within 30 days of the date of the invoice then it will be deemed accepted by the Subscriber. Unless payment is made by the Subscriber in person to retail shops or the head office of ASIAHOST, or requested by the Subscriber (at a charge of HK$15 per each receipt), no receipt will be issued to the Subscriber upon settlement of invoice.

4. Deposit/ Prepayment

As required by the Code of Practice published by the Telecommunications Authority, the Subscriber is reminded that in case ASIAHOST goes into liquidation,

(a)there is no guarantee the Subscriber will receive his/her deposit or prepayment back;

(b)the rights for the Subscriber to get reimbursement of the deposit or unredeemed prepayment of charges will be subject to the relevant laws and regulations governing liquidation of companies in Hong Kong;

(c)any “free” or “discounted” telecommunications device provided by ASIAHOST to the Subscriber in exchange for a deposit or prepayment and commitment to a service contract will be retained by the Subscriber as a compensation in lieu of the reimbursement of the deposit or unredeemed prepaid charges from ASIAHOST.

5. Responsibility for Unauthorized Use

The Subscriber shall assume sole responsibility for use of any passwords or security words. In the event of theft or loss of a password, security word or user ID, the Subscriber must notify ASIAHOST immediately by telephone and concurrently provide written notice. The subscriber shall remain liable for use of ASIAHOST’s Services by any unauthorized party until such theft or loss is notified to ASIAHOST.

6. Restrictions on Transfer

The right to use the Services, the Subscriber’s password or the benefit of this Agreement is not transferable by the Subscriber or any Designated User except with the written consent of ASIAHOST.

7. Prohibition against Sale or Transfer of Information

The Subscriber shall not sell, publish, retransmit, reproduce, transfer, exploit or redistribute, whether for profit or otherwise, any information provided by the Services including, without limitation, any Third Party Content, except with the written consent of ASIAHOST and any applicable Third Party Provider.

8. Compliance with Laws, Rules and Restrictions

The Subscriber agrees to comply with the laws of Hong Kong or any other relevant jurisdiction relating to the use of the Services and any Third Party Content. The Subscriber shall comply with the Operating Rules, other generally accepted rules of conduct relating to proper use of Internet resources and any access restrictions imposed by ASIAHOST and Third Party Providers. The transmission of any threatening or obscene material through ASIAHOST is strictly prohibited. If in the sole determination of ASIAHOST, the Subscriber persistently violates such laws, Operating Rules, other rules, restrictions or prohibitions, this Agreement and the Services provided may be terminated by ASIAHOST without prior notice. The Subscriber shall indemnify ASIAHOST and any Third Party Provider against any loss or damages in respect of unlawful use or negligence including, without limitation, damages for breach of any party’s intellectual rights.

9. Reservation of Rights

ASIAHOST reserves the right to disconnect or deactivate any Subscriber equipment or software, at any time without prior notice, where such equipment or software is interfering with other services of ASIAHOST. ASIAHOST further reserves the right to delete the Subscriber’s home page if, in its sole and absolute judgment, the content of such home page is inappropriate.

10. Amendments

ASIAHOST reserves the right to amend any particular program, information or facility, which it provides or may provide through the Services. By advance notice sent by E-mail or by post, ASIAHOST may modify and amend this Agreement, services offered, Operating Rules or the Fees, and may discontinue or revise any or all other aspects of the Services and payment terms at its sole discretion. Continued use of the Services following such amendments shall constitute acceptance of these terms and conditions, as modified.

11. Disclaimers

The Services are provided on an “as is” basis to the Subscriber. ASIAHOST exercises no control whatsoever over the content of the information passing through the Services. ASIAHOST makes no warranties of any kind, whether expressed or implied, for the Services and disclaims any responsibility for the accuracy or quality of information obtained through the Services. ASIAHOST also disclaims any warranty of merchantability or fitness for a particular purpose or any liability for breach of confidentiality of any information. ASIAHOST shall not be responsible for any loss or damage the Subscriber may suffer from use of the Services, such as loss of data, delays, no-deliveries, mis-deliveries, service interruptions caused by its own negligence or the Subscriber’s errors or omissions, or inadvertent release or disclosure of information sent by the Subscriber.

12. Subscriber’s Right to Terminate

The Subscriber may terminate this Agreement with one-month prior notice in writing to ASIAHOST, but any Fees prepaid to ASIAHOST shall not be refundable or transferable. Such termination notice must be sent to ASIAHOST by post, fax or e-mail. Termination will only be effective upon receipt of the confirmation by post, fax or e-mail issued by ASIAHOST to Subscriber. Without such confirmation from ASIAHOST, the Subscriber’s termination notice is deemed to be not received by ASIAHOST. Upon such termination, any e-mail addresses and User ID assigned by ASIAHOST to the Subscriber shall be returned to ASIAHOST. Termination hereunder shall be without prejudice to any then existing rights and/or claims that ASIAHOST may have against the Subscriber, and shall not relieve the Subscriber from fulfilling its/his obligations including payment of all outstanding charges prior to the day of termination.

13. Remedies for Breach

If the Subscriber is in breach of any of the terms of this Agreement, ASIAHOST may, at its sole discretion, either suspend the Subscriber’s access to and use of the Services until such breach if remedied or terminate this Agreement and the Subscriber’s access to and use of the Services. Reinstatement of Services suspended due to non-payment shall require full payment of any outstanding balance, plus applicable charges.

14. No Rights to Data upon Suspension or Termination

Should ASIAHOST suspend or terminate the Services pursuant to Clause 13, the Subscriber has no right to any data stored and ASIAHOST shall be under no obligation to make such data (or any copies thereof) available to the Subscriber in any form whatsoever. Should this Agreement terminate for any reason whatsoever, the Subscriber’s data stored on ASIAHOST facilities shall be erased without prior notice.

15. Free Loan Router

Under any circumstances, the Subscriber should bear the liability to return the router and any of the equipment, in good conditions, owned by ASIAHOST. Reimbursements will be subject to any damage to such equipment.

16. Interpretation

This Agreement constitutes the entire agreement between the parties with respect to the Services and shall supersede all other prior communications. No variation of the terms and conditions of this Agreement shall be valid except as amended pursuant to Clause 10 herein or as agreed by both parties in writing. Neither the course of conduct between the parties nor trade practice shall modify the provisions of the Agreement. A guardian who executes this Agreement on behalf of a minor under the age of 18 shall be deemed a Subscriber under this Agreement. An individual who executes this Agreement on behalf of a corporation hereby warrants and represents that he is authorized to bind such corporation; in the event of ultra virus, the individual signatory shall be deemed a Subscriber under this Agreement. If any provision of this Agreement is determined to be invalid, the other provisions shall remain in full force and effect. The obligations of and all restrictions on the Subscriber shall survive the termination of this Agreement. References to parties or persons shall include corporations, references to one gender shall include the other gender and references to the singular shall include the plural, and vice versa. The headings in this Agreement are for convenience only and shall not be used as an aid to the interpretation of this Agreement. In the event of any conflicts between the English version of this Agreement and any Chinese translation thereof, the English version shall prevail. This Agreement is and shall be governed by and construed in accordance with the laws of Hong Kong. Both Subscriber and ASIAHOST submit to the non-exclusive jurisdiction of the courts of Hong Kong.

17. Personal Data Ordinance

In accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap 486), the Subscriber hereby consents to ASIAHOST using any Personal Data (as defined) in the Ordinance, supplied in connection with this Agreement for the purposes, of internal use, credit checks, debt collection, direct debit payment, direct marketing and/or market survey, to ASIAHOST supplying such personal data to any companies within ABC NET Limited, any associated companies, and/or to selected third parties to use for such aforesaid purpose. Likewise, such personal data may be provided to the Telecommunications Authority (TA) where such disclosure of information is required by law for discharge of the licensee’s obligations under provisions in the Telecommunications Ordinance. The Subscriber also consents to any such personal data being “matched” (as defined in the Ordinance) with other personal data and to such personal data being transferred to places outside Hong Kong (including companies within ABC NET Limited outside Hong Kong). If the Subscriber does not wish to receive any promotional communications, the Subscriber shall advise ASIAHOST by written notice or call our customer services hotline.