Virtual Private Server(s) & Cloud Server(s)

PAYMENTS AND FEES

Establishment of this service is dependent upon receipt by The Malaysian DotCom Sdn Bhd of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, check, or money order. Paypal payments must be submitted via the PayPal link provided on Invoices. Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by The Malaysian DotCom Sdn Bhd in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will be assessed an RM 100 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 2 P.M. CST the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect fees. Credit cards that are declined for any reason are subject to a RM 5 declination fee.

Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a RM 200 reconnect charge. Accounts not paid by due date are subject to a RM 50 late fee. If you desire to cancel your account, please follow the proper procedure as outlined in this page.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.

CANCELLATIONS

Client must submit service cancellations by opening a ticket through our client support portal at least 14 days before the end of the service’s billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

The Malaysian DotCom Sdn Bhd takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of The Malaysian DotCom Sdn Bhd may not use or permit others to use our network to transact in UCE. Clients of The Malaysian DotCom Sdn Bhd may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

a. Violation of The Malaysian DotCom Sdn Bhd’s email policy, as outlined in the Acceptable Use Policy (“AUP”) will result in severe penalties. Upon notification of an alleged violation of our AUP, The Malaysian DotCom Sdn Bhd will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Malaysian DotCom Sdn Bhd may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, The Malaysian DotCom Sdn Bhd may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, The Malaysian DotCom Sdn Bhd reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Malaysian DotCom Sdn Bhd will notify law enforcement officials if the violation is believed to be a criminal offense.

b. First violations of this policy will result in an “Administrative Fee” of RM 1000 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of RM 2500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed RM 600 per hour that The Malaysian DotCom Sdn Bhd personnel must spend to investigate the matter.

c. As our Clients are ultimately responsible for the actions of their clients over the The Malaysian DotCom Sdn Bhd network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

COURTESY DATA TRANSFER SERVICE

The Malaysian DotCom Sdn Bhd performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves The Malaysian DotCom Sdn Bhd copying files of yours from a third party service to your The Malaysian DotCom Sdn Bhd service, hereafter known as a “transfer” as a courtesy service only. By requesting The Malaysian DotCom Sdn Bhd to perform a transfer you agree indemnify and hold harmless The Malaysian DotCom Sdn Bhd from any and all liability arising from the transfer and/or copying of your accounts. You also agree The Malaysian DotCom Sdn Bhd is not responsible for any issues relating to the transfer of your accounts, both on your The Malaysian DotCom Sdn Bhd service and at any other third party service from which The Malaysian DotCom Sdn Bhd may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent The Malaysian DotCom Sdn Bhd from performing the service, or any other issues. The Malaysian DotCom Sdn Bhd makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers. The Malaysian DotCom Sdn Bhd can only perform transfers from any service which uses the same control panel that is used on your The Malaysian DotCom Sdn Bhd service (ie. cPanel). The Malaysian DotCom Sdn Bhd will still provide “best effort” assitance which includes general advice on file transfer and configurations, DNS settings, MySQL database imports, and other general assistance for Clients whose 3rd party service does not use the same server control panel.

VPS NIGHTLY BACKUPS

The Malaysian DotCom Sdn Bhd performs nightly backups of VPS accounts as a courtesy service only. The Malaysian DotCom Sdn Bhd is not responsible for the completeness, integrity, or freshness of your VPS backup. The Malaysian DotCom Sdn Bhd recommends you have your own backup system in place. VPS backups are intended for disaster recovery purposes only. The Malaysian DotCom Sdn Bhd reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.
ServerShield

Clam Anti-Virus (ClamAV) which is used for scanning incoming email for viruses) is not enabled by default on servers with less than 512MB memory. This is because ClamAV uses 80-120MB+ of memory which is a significant portion of memory on smaller VPS plans. If you need this functionality enabled, please open a support ticket and we will be happy to enable it for you.

SuHosin for PHP and The Malaysian DotCom Sdn Bhd’s custom mod_security ruleset are not installed by default for compatability reasons. If you would like them installed, please open a support ticket and we will be happy to install either for you.

NON-WAIVER

Client agrees that The Malaysian DotCom Sdn Bhd’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by The Malaysian DotCom Sdn Bhd of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice The Malaysian DotCom Sdn Bhd from exercising thereafter the same or other rights, remedies, or options.

FORCE MAJEURE

You agree that The Malaysian DotCom Sdn Bhd is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
Assignment

MISC

We reserve the right to refuse service to anyone at any time for any reason.

The Company is not responsible for data integrity on equipment reclaimed for non-payment.

Anything not explicitly stated in this VIRTUAL PRIVATE SERVER TOS is subject to interpretation at The Malaysian DotCom Sdn Bhd’s sole and absolute discretion.

You, as The Malaysian DotCom Sdn Bhd’s client, are solely responsible for the content stored on and served by your The Malaysian DotCom Sdn Bhd service.