Phyrec.Net is a Company servicing and providing web spaces
and web sites for Internet users throughout the nation.
In order to effectively continue its purpose and create
a business relationship between Phyrec.Net and its Customers,
Phyrec.Net has set forth the following terms and conditions
which shall govern this Agreement between the parties. These
terms and conditions are intended for the purpose of establishing
operating principals. Users are assumed to have read and
understood these Terms of Service.
TERM
This Agreement between Phyrec.Net and the CUSTOMER shall
remain in effect between the parties unless otherwise
canceled or modified by either party in accordance with
the terms and conditions set forth herein and in Services
attached hereto and made a part hereof.
INVOICING
Phyrec.Net won't issue any invoice and payment receipt
to CUSTOMER for any method of payment, Phyrec.Net will
recognize bank and POS Malaysia payment receipt as proof
of payment. Invoice only send in Email format which included
on your Email Confirmation of Order.
*PERSONAL CHEQUE payment only valid for MALAYSIAN RESIDENT
ONLY!!* CUSTOMER should be aware with some insufficience
cheque payment. If Phyrec.Net found the blank / bounce
cheque on payment, Phyrec.Net. has a right to charge CUSTOMER
for RM 20 fee or termination on the account.
CPU USAGE
CUSTOMER agrees that it shall not use excessive amounts
of CPU processing on any of Phyrec.Net'S servers. Any
violation of this policy may result in CUSTOMER'S immediate
termination at the sole discretion of Phyrec.Net. without
prior notice. In the event that Phyrec.Net. elects to
terminate CUSTOMER on this basis, CUSTOMER shall not be
entitled to a refund as set forth herein.
CUSTOMER WITH WEB HOSTING ACCOUNT DOESN'T ALLOWED TO
RUN ANY OF IRC BOTS AND IRC ACTIVITIES ON THEIR ACCOUNT.
BACKGROUND PROCESS AND OUTBOUND BANDWITH USAGE
CUSTOMER agrees that BAND WIDTH usage shall not exceed
the number of outbound connection per month as set forth
in Service attached hereto. This usage shall be monitored
by Phyrec.Net, and shall be measured on a number of concurrent
outbound conenction made by user. Any BAND WIDTH, BACKGROUND
PROCESS and OUTBOUND CONNECTION usage in excess of the
agreed term may result in the immediate termination of
CUSTOMER at the sole discretion of Phyrec.Net, without
prior notice. In the event that Phyrec.Net, elects to
terminate this Agreement, pursuant to this provision,
CUSTOMER shall not be entitled to a refund.
BULK E-MAIL AND SPAMMING
It shall not be permissible for CUSTOMER to engage in
any bulk E- mailing or use of mail servers or mail relays
(commonly referred to as "SPAMMING"). In the
event that CUSTOMER engages in such activity, Phyrec.Net.
may elect to immediately terminate CUSTOMER at its sole
discretion without prior notice to CUSTOMER. In the event
that Phyrec.Net. terminates CUSTOMER pursuant to this provision,
CUSTOMER shall not be entitled to a refund. Forwarding
10 unsolicited pieces of mail within a 24 hour period
shall be considered "spamming". CUSTOMER shall
be liable to Phyrec.Net. for any and all damages caused
as a result of CUSTOMER'S failure to comply with this
provision.
TERMINATION
Either party may terminate this Agreement without cause
upon 30 days written notice to the other party. E-Mail
shall be deemed adequate notice by either party. Nothing
in this paragraph however shall limit Phyrec.Net'S right
to terminate CUSTOMER immediately and without prior notice
for improper use and violations as set forth herein.
In the event that Phyrec.Net. elects to terminate CUSTOMER
as a result of its improper acts and breach of the terms
and conditions contained herein, CUSTOMER shall not be
entitled to a refund of the balance. IN NO EVENT SHALL
CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE.
In the event CUSTOMER elects to terminate this Agreement,
same shall be considered a breach and CUSTOMER shall not
be entitled to any refund.
In the event that Phyrec.Net. elects to terminate CUSTOMER
without cause, CUSTOMER shall receive a refund of setup
fee only. However, if CUSTOMER terminates this Agreement
without cause, and in accordance with the notice provision
set forth herein, there shall be NO REFUND of the Set
Up Fee or any remaining balance.
Phyrec.Net reserves the right to suspend or terminate
any account without a refund upon discovery of its involvement
in (including but not limited to) the following actions
or events:
Transmission of indecent materials to minors
Infringement of copyright laws
Infringement of intellectual properties
Credit card fraud
Electronic fraud
Denial of Service (DoS) Attack
Phyrec.Net reserves the right to charge a RM 200 cleanup
fee for the following policies violations (including,
but not limited to):
Intentional or maliciously caused IRC bans.
Abuse the Internet such as flood etc.
UCE (Unsolicited Commercial Email / Unsolicited Bulk Email)
cleanup
Denial of Service Attacks
Serious harassment.
LIABILITY
CUSTOMER agrees that Phyrec.Net shall have no liability
for the services, data or information provided to the
public on the Internet including but not limited to any
liability for consequential, indirect, special or incidental
damages, regardless of the success or effectiveness of
other remedies.
CUSTOMER further agrees that Phyrec.Net shall not be liable
for any damages or losses sustained by CUSTOMER for business
or other activities conducted on the Internet including
but not limited to consequential, indirect, special or
incidental damages.
CUSTOMER agrees that it shall not hold Phyrec.Net liable
for any loss of business, lost opportunity, consequential,
indirect, special or incidental damages as a result of
any interruption in service.
IN NO EVENT SHALL PHYREC.NET'S LIABILITY EXCEED THE TOTAL
VALUE PAID TO PHYREC.NET BY CUSTOMER.
REPRESENTATION AND/OR WARRANTIES
Phyrec.Net makes no representations and cannot guarantee
that CUSTOMER'S domain name does not infringe upon any
trademarks, trade names, service marks or other proprietary
rights owned by a third party. CUSTOMER shall not hold
Phyrec.Net liable for any damages, injuries or losses incurred
by CUSTOMER as a result of any action instituted by a
third party.
SECURITY
CUSTOMER understands that the Internet and other various
networking communications are not secure, unless explicitly
specified as such. Phyrec.Net MAKES NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL PHYREC.NET,
LLC. BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL,
INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER.
IN NO EVENT SHALL PHYREC.NET LIABILITY EXCEED THE TOTAL
COST OF THIS CONTRACT BETWEEN PHYREC.NET AND CUSTOMER.
APPLICABLE LAWS
CUSTOMER will ensure that its use of the Internet and
any service provided by Phyrec.Net to it complies with
all applicable federal, state and local laws and regulations,
including but not limited to all laws pertaining to copyright,
trademark, proprietary information, intellectual property
rights, defamation, tortious interference with business,
invasion of privacy, and pornography*. In the event that
CUSTOMER violates this provision, Phyrec.Net shall have
the right to consider same a breach of this Agreement
by CUSTOMER which shall entitle Phyrec.Net to terminate
CUSTOMER immediately without prior notice.
* It shall be within the sole discretion of Phyrec.Net
to deem material as pornographic or inappropriate.
INTEGRITY OF INFORMATION
CUSTOMER is solely responsible for validating the integrity
of the information and data it receives or transmits over
the Internet.
ACCOUNT SECURITY
CUSTOMER shall be solely responsible for protecting the
security of its Internet account and usage. CUSTOMER'S
password shall be considered private information and shall
not be disseminated or in any other manner disclosed and/or
transferred to third parties. Phyrec.Net shall not be
liable for any breach of security caused by CUSTOMER or
third parties. IN NO EVENT SHALL PHYREC.NET LIABILITY
EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN PHYREC.NET
AND CUSTOMER.
Phyrec.Net will use its best efforts to maintain the integrity
and security of CUSTOMER'S password.
DOMAIN NAME OWNERSHIP
CUSTOMER shall be responsible for all costs and fees
associated with its domain name including, but not limited
to all costs and fees for moving same. CUSTOMER shall
make payment directly to the issuer. Under no circumstances
shall Phyrec.Net be responsible for this cost.
LEGAL ACTION
CUSTOMER agrees to indemnify and hold Phyrec.Net harmless
in any legal action which arises as a result of CUSTOMER'S
use of Phyrec.Net services, without limitation or exception
including, but not limited to any action brought against
CUSTOMER by a third party.
MODIFICATION
The terms and conditions of this Agreement may be modified
at the discretion of Phyrec.Net with 3 days notice to
CUSTOMER.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements previously made
between the parties pertaining to the subject matter of
this Agreement. There are no other understandings or Agreements.
Failure to properly notify Phyrec.Net via e-mail, telephone
or regular mail of your disagreement with the above terms
and conditions will constitute CUSTOMER'S acceptance of
same.
ORDER AND PAYMENT
All payment can only be justify by PHYREC.NET. All payment
without payment slip, receipt or any other printed document
will not be entertaint.
CUSTOMER need to make payment before 4th every months.
However, setup fee and first month service fee can be
made in days since, PHYREC.NET will only release CUSTOMER
order request only after PHYREC.NET received CUSTOMER'S
first payment. Order request made before 15th day of the
month will have to pay 100% of the total service charge.
Wherelse order request made by 15th day on the month and
onwards will only have to pay 50% of the service charge.
There were no exemption for setup fee if not stated on
service quotation and pricing. Failure to make payment
before 4th day will cause of service interuption or termination.
Please be advised that transmission using online services
such as the paypal system, visa or western union, customers
must ensure to enter the exact amount of money to be transferred.
Because we a phyrec.net do not legitimise and tolarate
any kind of fraud activity and refunding customer's monies
under any circumstances. Therefore please ensure that
the correct and exact amount is transferred into our account.
RENEWAL
If not canceled by CUSTOMER, this Agreement will automatically
self-renew after a one (1) or three (3) or twelve (12)
month period depend on the service period which is selected.
Phyrec.Net CLAIM THAT ONE MONTH TO BE 30 DAYS (So if you
get a 3 month account, you will have access for 90 days.)
CUSTOMER with Credit Card payment will get automatically
renewal on the end of every period. CUSTOMER will be notified
by E-MAIL for every charges that automatically billed
to Credit Card. CUSTOMER should notified Phyrec.Net for
any cancellation or termination of every renewal contracts
at least 7 days to the end of contracts.
Phyrec.Net won't refund any of charges which have been
made to the renewal of the contracts.
CUSTOMER'S failure to properly notify Phyrec.Net of its
objections to any of the terms and conditions set forth
herein shall constitute CUSTOMER'S acceptance of same.
This Agreement shall automatically renew itself for an
additional TERMS period unless otherwise canceled or terminated
by either party in accordance with the notice provision
set forth herein.
In the event this Agreement is automatically renewed,
CUSTOMER agrees to be bound by the Terms and Conditions
currently in effect.
