Terms of Service

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This agreement represents the complete agreement and understanding between 3TEC.COM (hereinafter called 3TEC.COM) and the ACCOUNT HOLDER (hereinafter called ACCOUNT HOLDER) and supersedes any other written or oral agreement. Upon notice published online via 3TEC.COM, 3TEC.COM may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.

General

3TEC.COM agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the ACCOUNT HOLDER subject to the following Terms of Service (TOS). Use of 3TEC.COM services constitutes acceptance and agreement to these Terms Of Service and all attachments. 3TEC.COM will make all reasonable efforts to provide a quality service to the ACCOUNT HOLDER.

Privacy

3TEC.COM will use the ACCOUNT HOLDER's personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The ACCOUNT HOLDER authorizes 3TEC.COM to use its name, business name and comments in marketing documents. At any time, the ACCOUNT HOLDER can send a written notice to withdraw this authorization.

Bandwidth Services

3TEC.COM will provide to the ACCOUNT HOLDER the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.

In the case of servers connected on the high-quality network, the bandwidth can be used at full capacity on multiple servers simultaneously to exceed 500mbits.

Web Site Hosting and eMail Hosting

The ACCOUNT HOLDER agrees to use bandwidth as described in the Acceptable Usage Policy.

IP Addresses

Any IP Addresses allocated to the ACCOUNT HOLDER by 3TEC.COM must be maintained by the ACCOUNT HOLDER in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by 3TEC.COM to the ACCOUNT HOLDER. Failure to comply with this Section may result in the revocation of IP Addresses by 3TEC.COM after five days notice to the ACCOUNT HOLDER. 3TEC.COM shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the ACCOUNT HOLDER by 3TEC.COM, and 3TEC.COM reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The ACCOUNT HOLDER can obtain up to 8 ip addresses for free. All ip requests must be fully justified.

Other Services

Upon request by the ACCOUNT HOLDER, 3TEC.COM may at its option, provide the ACCOUNT HOLDER with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the ACCOUNT HOLDER's use of the ACCOUNT HOLDER Space and Bandwidth Services. The ACCOUNT HOLDER agrees to pay the hourly rate of USD$100.00 for those other services.

Installation, removal, replacement, maintenance and access to equipment

Web Site Hosting

3TEC.COM is the owner of the equipment used by the ACCOUNT HOLDER and grants a license to use this equipment. The ACCOUNT HOLDER has no rights on the equipment. Physical access to the equipment by the ACCOUNT HOLDER is strictly prohibited.

Immediate Threats

If, in the determination of 3TEC.COM, acting reasonably, the Equipment, software or hosted applications used by the ACCOUNT HOLDER or the activities of the ACCOUNT HOLDER poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of 3TEC.COM or any other user of the Premises, or poses an immediate threat to the safety of any person, then 3TEC.COM may perform such work and take such other actions that it may consider necessary without prior notice to the ACCOUNT HOLDER and without liability for damage to the Equipment or Data for any interruption of the ACCOUNT HOLDER's (or its customers') businesses. As soon as practical after performing such work, 3TEC.COM will advise, by email, the ACCOUNT HOLDER of the work performed or the action taken.

Relocation

The ACCOUNT HOLDER will, upon email request from 3TEC.COM's, relocate the Equipment, server or web site to other space offered by 3TEC.COM within 30 days of such request.

Insurance

Under no circumstances will 3TEC.COM be obligated to provide insurance coverage for any data owned by the ACCOUNT HOLDER and hosted in the Premises.

Billing and termination

Invoices are sent by email, upon request a copy can be sent by mail. First Year's Payment shown in the Service Order must be paid by the ACCOUNT HOLDER to 3TEC.COM before commencement of the Term. All other invoices must be paid by the ACCOUNT HOLDER within 15 days from the date of 3TEC.COM's invoices, which invoices will be issued 15 days before the end of the last paid period.

Payments

The ACCOUNT HOLDER will pay 3TEC.COM the Recurring Annual Fees specified in the Service Order, as well as any charges for Other Services the ACCOUNT HOLDER will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by 3TEC.COM under this Agreement. Recurring Annual Fees will be payable in advance upon the ACCOUNT HOLDER's chosen payment period. All other fees and the cost will be payable annually and payment due on the renewal date. Except for the First Year's Payment shown in the Service Order, which must be paid by the ACCOUNT HOLDER to 3TEC.COM before commencement of the Term, all amounts will be payable in American dollars within 15 days from the date of 3TEC.COM's invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a USD$25.00 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).

Web Site Hosting and eMail Hosting

The ACCOUNT HOLDER will pay by pre-authorized payment to a ACCOUNT HOLDER credit card via PayPal Inc..

Late payment

Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a USD$25 reconnect charge. Accounts that are not collectible by 3TEC.COM may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Changes

Upon 30 days or greater written notice prior to the end of the initial commitment, 3TEC.COM may change any fees payable under this Agreement.

Term and termination

The term of this Agreement shall begin upon the date the account is created and made available to the ACCOUNT HOLDER and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account's anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the ACCOUNT HOLDER, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.

Cancellation requests must be made using the "Customer Centre" or in writing with the ACCOUNT HOLDER's signature with at least 48 hours notice and sent to: MiKel Co., Ltd., 8th Floor, 272 Roosevelt Road Section 3, Taipei City, Taipei, Taiwan, 10090. You can also send the cancellation request by fax at +886-2-87737079.

Service downgrades and upgrades

Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month and year at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of September in the following year). Service upgrades, however, may take effect at any time.

Refund policy

Any prepayment is a commitment regarding the payment period that can not be refunded following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at 3TEC.COM.

The billing errors can be credited retroactively for a period of up to two (2) months.

Payment obligation

Upon account activation, 3TEC.COM reserves space, equipment and resources for the ACCOUNT HOLDER's needs. The ACCOUNT HOLDER must pay its account even if he is not making any use of it.

Credit Authorization

The ACCOUNT HOLDER hereby authorizes 3TEC.COM and gives consent to 3TEC.COM under applicable privacy laws for 3TEC.COM to obtain credit information and bank and other financial references regarding the ACCOUNT HOLDER for the purposes of assessing the ACCOUNT HOLDER's credit worthiness, and the ACCOUNT HOLDER will promptly execute and deliver to 3TEC.COM such further documents and assurances and take such further actions as 3TEC.COM may from time to time reasonably request in order to carry out the intent and purpose of this Section.

Guaranteed network availability

3TEC.COM will provide 100% transit to the Internet to all the customers who have purchased said service from 3TEC.COM Exclusions, terms and conditions of the guarantee are posted in the Service Guarantee section of our web site.

Guaranteed electrical power

3TEC.COM guarantees the electrical power supply of its datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantee section of our web site.

Limitation of Liability

THE ACCOUNT HOLDER ACKNOWLEDGES THAT 3TEC.COM PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. 3TEC.COM WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE ACCOUNT HOLDER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES' ACTS, EQUIPMENT, SOFTWARE, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF 3TEC.COM'S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE ACCOUNT HOLDER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE ACCOUNT HOLDER TO 3TEC.COM. UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL 3TEC.COM BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Force Majeure

Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.

Backup copies

Web Site Hosting

3TEC.COM will make all possible efforts to provide a backup mechanism and keep complete backup copies of all hosting solutions. However, the ACCOUNT HOLDER must keep a personal backup copy of its software, sites, databases and all hosted content. 3TEC.COM should not be held responsible of any loss of data or data corruption.

Reselling

The ACCOUNT HOLDER in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the ACCOUNT HOLDER Space, Resources and Bandwidth Services provided by 3TEC.COM to the ACCOUNT HOLDER pursuant to this Agreement, except that the ACCOUNT HOLDER will not allow such customers to interconnect with other users in the Premises Any act or omission of any such ACCOUNT HOLDER that would be a breach of this Agreement if committed by the ACCOUNT HOLDER will be deemed a breach of this Agreement by the ACCOUNT HOLDER. The ACCOUNT HOLDER agrees to defend, indemnify and hold harmless 3TEC.COM, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the ACCOUNT HOLDER that would be a breach of this Agreement if committed by the ACCOUNT HOLDER, and (ii) any claim by any such ACCOUNT HOLDER arising from use of the Premises, services provided by 3TEC.COM under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Responsibility for Content

The ACCOUNT HOLDER is solely responsible for the content stored on and served by his servers.

Entire agreement

This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, 3TEC.COM MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.

Severability and Reformation

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Choice of Law and Attornment

This Agreement shall be constructed in all respects in accordance with the laws of Taiwan, the Republic of China; any dispute arising with respect to this Agreement shall in first instance be subject to the jurisdiction of the Taipei District Court of Taiwan.

Complaints

Complaints or TOS and AUP violations must be reported to 這個 E-mail 地址已經被防止灌水惡意程式保護,您需要啟用 Java Script 才能觀看 or by mail at : 3TEC.COM, 8th Floor, 272 Roosevelt Road Section 3, Taipei City, Taipei, Taiwan, 10090.

Changes and rights

3TEC.COM may vary these rules and regulations from time to time in its sole discretion, and the ACCOUNT HOLDER will comply with all other reasonable security requirements that 3TEC.COM may impose from time to time, provided that the ACCOUNT HOLDER has been given 30 days notice.