|
  |
| |
Terms
and Conditions
As a provider of website hosting and other Internet
related services, SpaceAsia Limited offers its customers and their
clients and users, the means to acquire and disseminate a wealth of
public, private, commercial, and non-commercial information. SpaceAsia
Limited respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when there are
competing interests at issue; SpaceAsia Limited reserves the right to
take certain preventative or corrective actions. In order to protect
these competing interests, SpaceAsia Limited has developed a Terms and
Conditions Policy, which supplements and explains certain terms of each
customer's respective service agreement and is intended as a guide to
the customer's rights and obligations when utilising SpaceAsia
Limited's services. This Policy will be updated from time to time. A
customer's use of SpaceAsia Limited's services after changes to the
Policy are posted on SpaceAsia Limited's website, www.spaceasia.com, will
constitute the customer's acceptance of any new or additional terms of
the Terms and Conditions that result from those changes.
One important aspect of the Internet is that no one party owns or
controls it. This fact accounts for much of the Internet's openness and
value, but it also places a high premium on the judgment and
responsibility of those who use the Internet, both in the information
they acquire and in the information they disseminate to others. When
customers obtain information through the Internet, they must keep in
mind that SpaceAsia Limited cannot monitor, verify, warrant, or vouch
for the accuracy and quality of the information that they may acquire.
For this reason, the customer must exercise his or her best judgment in
relying on information obtained from the Internet, and also should be
aware that some material posted to the Internet is sexually explicit or
otherwise offensive. Because SpaceAsia Limited cannot monitor or censor
the Internet, SpaceAsia Limited cannot accept any responsibility for
injury to its customers that results from inaccurate, unsuitable,
offensive, or illegal Internet communications.
When customers disseminate information through the Internet, they must
keep in mind that SpaceAsia Limited does not review, edit, censor, or
take responsibility for any information its customers may create. When
users place information on the Internet, they have the same liability
as other authors for copyright infringement, defamation, and other
harmful speech. Also, because the information they create is carried
over SpaceAsia Limited's network and may reach a large number of
people, including both customers and non customers of SpaceAsia
Limited, customers' postings to the Internet may affect other customers
and may harm SpaceAsia Limited's goodwill, business reputation, and
operations. For these reasons, customers violate SpaceAsia Limited's
policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited
activities:
Spamming --
Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because of its negative
impact on consumer attitudes toward SpaceAsia Limited, but also because
it can overload SpaceAsia Limited's network and disrupt service to
SpaceAsia Limited customers. In addition, maintaining an open SMTP
relay is prohibited. When a complaint is received, SpaceAsia Limited
has the discretion to determine from all of the evidence whether the
email recipients were from an "opt-in" email list.
Intellectual Property Violations --
Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities. When engaging in
activity that violates privacy, publicity or other personal rights of
others, SpaceAsia Limited is required by law to remove or block access
to customer content upon receipt of a proper notice of copyright
infringement. It is also SpaceAsia Limited's policy to terminate the
privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials --
Using SpaceAsia Limited's network to advertise, transmit, store, post,
display, or otherwise make available any pornography or obscene speech
or material. SpaceAsia Limited is required by law to notify law
enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through SpaceAsia Limited's
network.
Defamatory or Abusive Language --
Using SpaceAsia Limited's network as a means to transmit or post
defamatory, harassing, abusive, or threatening language.
Forging of Headers --
Forging or misrepresenting message headers, whether in whole or in
part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or
Networks - Accessing computers, accounts or networks belonging to
another party illegally or without authorization or attempting to
penetrate security measures of another individual's system (often known
as "hacking"). Any activity that might be used as a precursor to an
attempted system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or
Other Destructive Activities --
Distributing information regarding the creation of and sending of
Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing
or denial of service attacks. Activities that disrupt the use of or
interfere with the ability of others to effectively use the network or
any connected network, system, service or equipment.
Facilitating a Violation of these Terms and Conditions --
Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this Policy,
which includes the facilitation of the means to spam, initiation of
pinging, flooding, mail bombing, denial of service attacks, and piracy
of software.
Usenet Groups --
SpaceAsia Limited reserves the right not to accept postings from
newsgroups where we have actual knowledge that the content of the
newsgroup violates the Terms and Conditions Policy.
Other Illegal Activities --
Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards, and pirating
software.
Other Activities --
Engaging in activities, whether lawful or unlawful, that SpaceAsia
Limited determines to be harmful to its customers, operations,
reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding
harmful activities just described rests primarily with the customer.
SpaceAsia Limited will not, as an ordinary practice, monitor the
communications of its customers to ensure that they comply with
SpaceAsia Limited's policy or applicable law. When SpaceAsia Limited
becomes aware of harmful activities, however, it may take any action to
stop the harmful activity, including but not limited to, removing
information, shutting down a web site, implementing screening software
designed to block offending transmissions or take any other action it
deems appropriate.
SpaceAsia Limited also is aware that many of its customers are,
themselves, providers of Internet services, and that information
reaching SpaceAsia Limited facilities from those customers may have
originated from a client of the customer or from another third-party.
SpaceAsia Limited does not require its customers who offer Internet
services to monitor or censor transmissions or web sites created by
clients of its customers. SpaceAsia Limited has the right to directly
take action against a client of a customer. Also, SpaceAsia Limited may
take action against the SpaceAsia Limited customer because of
activities of a client of the customer, even though the action may
affect other clients of the customer. Similarly, SpaceAsia Limited
anticipates that customers who offer Internet services will cooperate
with SpaceAsia Limited in any corrective or preventive action that
SpaceAsia Limited deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation of SpaceAsia Limited
policy.
SpaceAsia Limited is also concerned with the privacy of online
communications and web sites. In general, the Internet is neither more
nor less secure than other means of communication, including mail,
facsimile, and voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence, however, SpaceAsia
Limited urges its customers to assume that all of their online
communications are insecure. SpaceAsia Limited cannot take any
responsibility for the security of information transmitted over
SpaceAsia Limited facilities.
SpaceAsia Limited will not intentionally monitor private electronic
mail messages sent or received by its customers unless required to do
so by law, governmental authority, or when public safety is at stake.
SpaceAsia Limited may, however, monitor its service electronically to
determine that its facilities are operating efficiently. Also,
SpaceAsia Limited may disclose information, including but not limited
to, information concerning a customer, a transmission made using our
network, or a web site, in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute, regulation, or
governmental request. SpaceAsia Limited assumes no obligation to inform
the customer that customer information has been provided and in some
cases may be prohibited by law from giving such notice. SpaceAsia
Limited may disclose customer information or information transmitted
over its network where necessary to protect SpaceAsia Limited and
others from harm, or where such disclosure is necessary to the proper
operation of the system.
SpaceAsia Limited expects that its customers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of online communications. A customer's failure
to comply with those laws will violate SpaceAsia Limited policy.
Finally, SpaceAsia Limited wishes to emphasize that in signing the
service agreement, customers indemnify SpaceAsia Limited for any
violation of the service agreement, law, or SpaceAsia Limited policy
that results in loss to SpaceAsia Limited or the bringing of any claim
against SpaceAsia Limited by any third-party. This means that if
SpaceAsia Limited is sued because of a customer's or client of a
customer's activity, the customer will pay any damages awarded against
SpaceAsia Limited, plus costs and reasonable attorneys' fees.
We hope these Terms and Conditions are helpful in clarifying the
obligations of Internet users, including SpaceAsia Limited and its
customers, as responsible members of the Internet. Any complaints about
a customer's violation of this Policy should be sent to abuse@spaceasia.com.
Privacy Statement
We will not give any information about
you to others without your explicit permission.
Our site uses forms in which you give us
personal contact information so you can place orders, request
information and support or make product suggestions. We will then
create an account number for you and if you choose to order from us
using a credit card, we will collect your credit card number and
expiration date. If you contact us for support, we will keep an
internal record of what support was given. We will use your customer
information only when it is important for us to contact you regarding
functionality changes to our products, our web site, new SpaceAsia
Limited services and special offers we think you will find valuable. If
you would rather not receive this information, please see your "Control
Centre" on how to change your preferences. If we present a co-branded
offer with our partners or affiliates, it will be made clear who is
collecting the information and whose privacy statement applies.
We may use third-party advertising
companies to serve ads on our behalf. These companies may employ
cookies and action tags (also known as single pixel gifs or web
beacons) to measure advertising effectiveness. Any information that
these third parties collect via cookies and action tags is completely
anonymous.
On rare occasions, one of our partners
may require us to share your personal information with them. We will
only do so with your explicit permission.
We use information gathered about you
from our site statistics (for example your IP address) to help diagnose
problems with our server, and to administer our website. We also gather
broad demographic information from this data to help us improve our
site and make your browsing and purchasing experience more enjoyable.
This is not linked to any personally identifiable information, except
as necessary to prevent fraud or abuse on our system.
Our site uses cookies to keep track of
your shopping cart and receipts.
This site also contains links to other
sites. Unfortunately SpaceAsia Limited is not responsible for the
privacy practices or the content of such websites.
Security
This site has security measures in place
to protect the loss, misuse and alteration of the information under our
control.
Updating Your Information
As a customer of SpaceAsia Limited, you
may alter your customer information or decide not to receive
communications from us and our partners at any time.
Sending Emails
We use emails to communicate with you, to
confirm your placed orders, and to send information that you have
requested. We also provide a helpdesk system, as on our "Contact Us”
page, to allow you to contact us directly. We strive to promptly reply
to your messages.
The information you send to us may be
stored and used to improve our site and our products, or it may be
reviewed and discarded. However, your information will only be shared
with third parties with your explicit permission.
Only If We Have To
As stated previously in this policy, we
will not share your personal information with a third party except to
assist us in the processing or securing of your personal information.
Also we may have to share your personal information when we are
required by law unless we have given you notice and choice, in the
belief that such action is necessary in order to conform to the edicts
of the law, or we must comply with a legal process served on our
website.
Changes in Our Practices
If we make material changes to our
information handling practices or other privacy aspects, we will post
these changes on this privacy statement, at least 10 days prior to
their implementation or notify you directly via email. Minor changes
will be immediately effective upon reposting to this privacy policy on
our website.
Service Provider
We use a credit card processing company
to transact payments. These companies do not retain, share, store or
use personally identifiable information for any secondary purposes.
Contest
At times our site requests information
from users via surveys or contests. Participation in these surveys or
contests is completely voluntary and the user therefore has a choice
whether or not to disclose information. Information requested may
include contact information (such as name and address), and demographic
information (such as zip code, age level). Contact information will be
used to notify the winners and award prizes. Survey information will be
used for purposes of monitoring or improving the use and satisfaction
of our site.
What happens to my personal information if I terminate my
account?
When your SpaceAsia account is cancelled
(either voluntarily or involuntarily) all of your personal information
will be deactivated. However, you should know that deactivation of your
account does not mean your personally identifiable information has been
deleted from our database entirely. We will retain and use your
personal information if necessary in order to resolve disputes or
enforce our agreements.
Contact us
If you have any questions about our
privacy statement, the practices of this site, or your dealings with
this web site, please contact us at:
SpaceAsia Limited
2001 Central Plaza
18 Harbour Road, Wanchai
Hong Kong
privacy@spaceasia.com
Revised: 05/27/2006
|
|
|
