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E-mail: inquiry@elution.hk

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  Terms and Conditions    
 

Please read and understand our policies as these are to protect the best interest of our customers as a whole. Elution Group Limited (hereafter called “Elution”) general policy is to act as a neutral provider of access to the global Internet.

 

Please read the terms and conditions carefully before you use our hosting service. By using our hosting service, you agree to be bound by all the terms and conditions set forth in the links inside the terms and conditions. All information on this site is provided subject to your agreement to these terms and conditions. If you do not agree, please do not use our hosting service. We assume all of our clients have read and agree to these terms and conditions by taking time to read them on your own. It is your responsibility to keep up on any changes.

 

ACCEPTABLE USE POLICY

Elution reserves the right to suspend or cancel a customer’s access to any or all services provided by Elution when Elution decides that the account has been inappropriately used. If you are unsure whether any contemplated use or action is permitted, please send email to cs@elution.hk and we will assist you.

 

Elution Server May Only be Used for Lawful Purposes

Transmission, distribution, or storage of any information, data or material in violation of Hong Kong regulations or laws, or by the common law, is prohibited. This includes, but no limited to, material protected by copyright, trademark, trade secret, or any other statute. Elution reserves the right to remove such illegal material from our server immediately. Elution expressly forbids anyone from using Elution servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way of lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation or any materials as such described above is left entirely to the discretion of the Elution management.

 

Unlawful and/or Unethical Use

Elution does NOT allow sites that provide points of distribution participate in the act of or provide links to the following types of sites:

Adult Sites - Any erotic or pornographic material, links to adults sites, or advertisements for adult sites.
Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3).
Copyright Violation - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.
Hacking / Phreaking - Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes or participates in the destruction or compromises the integrity of Elution.
Defamation - Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials - Violation of indecency and obscenity laws can result in criminal penalties.

 

Security

Violations of Elution’s server systems or network security are prohibited, and may result in criminal and civil liability. Examples include, but not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP.IP packet header or any part of the header information in an email or a newsgroup posting.

 

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Elution shall be the sole arbiter of what is considered to be a high usage level.

 

PHP Scripts

PHP script sharing with domains not hosted by us is not allowed. Any scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

 

Chat Rooms

Elution does not allow customers to install any forms of their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit them in the interests of system performance and resource levels.

 

IRC

Elution does not allow IRC or IRC bots to be operated on our servers.

 

Popular Site

Elution does not allow some certain kinds of popular websites (such as, but not limited to download sites, portal sites, stars’ fans club sites etc) to be hosted on our servers. If you have any questions regarding on the term “Popular Site”, please do not hesitate to contact us at 28519899 or cs@elution.hk to assist you to have better understanding on our policy.

 

Email Acceptable Use

Elution strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. Elution does not allow unsolicited mail. This includes “Spamming” and “Bulk Mail” sent to persons who have not requested to receive such mail. The reason for this is that not only frowned upon by the internet community, but it also demands extra bandwidth to handle the effects of such mail. Elution strictly prohibits our customers to improperly use the email server as file storage server, (such as, but not limited to, storing the mails in the server for certain period of time, all customers are suggested to download the emails via POP3 to their computer email software, such as Microsoft Outlook software, Outlook Express software, and delete such emails from our email server regularly.

 

Elution reserves the right to make changes to any of the policy and the agreement immediately and without prior notice to customers. And Elution reserves all the rights on final explanation of all the meanings of the content in these policies. Changes in monthly service fees are effective only at the end of any calendar quarter for which customer has already prepaid. The use of the service by the customers following the effective date of such change shall be proof of acceptance of customer of such change(s).

 

EMAIL ABUSE (SPAM) POLICY

 

Definition of Spamming

Elution classifies spamming as sending Unsolicited Broadcast Email (UBE) or Unsolicited Commercial Email (UCE) that is sent to individuals who did not specifically request such material, including but not limited to mailing of advertising, informational announcements, surveys, website addresses and email addresses. Spamming activities are strictly prohibited for customers subscribing Elution’s hosting services.

 

Prohibited activities of spamming also include the following:

Sending UBE or UCE from another provider advertising or implicating, directly or indirectly, the use of any services hosted or provided by Elution is prohibited. The “Services” includes, but no limited to: Web, Email, FTP and DNS services.
Maintaining an open mail relay, which is used for the distribution of UBE or UCE or are designated as mail relaying.

Any email which meets any of the following criteria is classified as UBE or UCE:

False Identity of “Sender” Domain – Any email that is sent in bulk from a domain or IP number/address which is registered in the global whois using false or forged contact information intended to elude detection (Registering Domains under a false identity).
False Identity of “Advertiser” Domain – Any email that is sent in bulk advertising a product or service linking to a domain or IP number which is registered in the global whois using false or forged contact information intended elude detection.
False Identity of “From” Email Header – Any email that is sent in bulk using a false or forged “FROM” field, intended to intentionally mask the sender’s real email address or the identity of the real sender to evade detection.
Forged “Routing” Email Header – Any email that is sent in bulk which incorporates any false or forged information in the email HEADER with the intent to evade detection.
Fraudulent “Subject” Email Header – Any email that is sent in bulk using a fraudulent or intentionally misleading SUBJECT link specifically intending to deceive, and cause the recipient to open the email.
False Identity of “Reply” Information – Any email that is sent in bulk containing false or forged contact addresses or phone numbers within the body of the message, with the specific intent to elude detection.
Email Encoding to Elude Human Readability – Any email that is sent in bulk which contains links, and/or identification code which is intentionally encoded or shrouded to avoid human or machine readability.
Convert Attempts to Extract Private Data – Any email containing any code or any computer language within the body of the message with the specific intent of covertly returning data to the sender, about the recipient, without the receipient’s prior knowledge and permission. (Not limited to “Bulk” email).
Intent to Compromise Email Servers – Any email that is sent in bulk containing any code or any computer language with the specific intent of compromising mail server security, or identifying compromised servers. (“Computer Trespass” Not limited to “Bulk” email).
Attempt to Load Data from a Remote Server – Any email that is sent in bulk containing any code or tag intended to display visual or audio material within the body of the email, which must be sent (or downloaded) to the recipient from a remote server without the recipient’s prior knowledge and permission.
Attachment of Executable Files – Any email that is sent in bulk which included attached files, requiring download from a remote server, intended to display an image, initiate a video, or sound, or otherwise execute a software program on the recipient’s computer without the recipient’s prior knowledge and permission.
Convert Attachments – Any email, sent in bulk, including attached files which covertly download to the recipient’s computer, intended to reside and function there without the recipient’s knowledge or detection. (“Computer Trespass” Not limited to “Bulk” email).
Materials of Obscenity – Any email which traffics in, distributes or offers to distribute materials, or contains words, pictures or other matter of obscenity.
Materials of Pornography – Any email which contains pictures or words illustrating, describing or insinuating sexual situations involving minors or animals.
Materials of Violence – Any email which incites, describes, or depicts any act of rape, murder or other violent crime against any person or group of persons.
Intent to Market UBE – Any email, sent in bulk, advertising any product or service for the sole purpose of:
- selling an email address list to be used to send UBE;
- sending bulk UBE for hire;
- collecting email addresses to be used to send UBE;
- selling a list of open relay servers used to send UBE;
- selling a list of compromised email servers;
- selling hardware or software which counterfeits, masks or otherwise tampers with email headers for the purpose of eluding detection.
Intent to Defraud – Any email that openly offers a product or service which would qualify as a misdemeanor or felony within the recipient's legal district, including but not limited to:
- offering false or forged drivers licenses;
- offering false or forged college or university diplomas;
- offering methods, training or instruction to elude Income Taxes;
- offering false or insider trading tips on stocks or bonds;
- offering payment for sheltering foreign currency of any kind;
- offering financial gain or wealth through multi-level, pyramid or chain-letter schemes;
- offering commercial software that has been pirated, stolen, or repackaged;
- offering any device, software, technique, training or instruction to enhance, break, evade or circumvent or otherwise burglarize any regulatory encryption on any broadcast signal including cell phones, cable TV, internet access or satellite signal;
- offering any compound or pharmaceutical substance, remedy or elixir which is not approved by the proper regulatory administrations;
- offering any product or substance which is illegal or subject to local taxation for the purpose of evading regulation and/or taxation. (Tobacco, fire arms, certain drug paraphernalia and/or OTC drugs);
- any email sent in bulk offering any product, device, treatment or substance claiming to enhance or increase any human body part, function or activity which is not approved by the proper regulatory administration;
- any email sent in bulk for the sole purpose of deceiving or defrauding the recipient for the personal benefit of sender.

 

Spamming Mail Policy

Each customer subscribing Elution’s service is required to follow Elution’s Spamming Mail Policy (hereafter called ‘this Policy’). This Policy is formulated to ensure a reliable and secure environment.

 

Each Elution’s customer is responsible for the activities of its customers or end-users and, by accepting service from Elution, is agreeing to ensure that its customers or end-users abide by this Policy. Customers who provide services to their own customers or end-users should affirmatively and contractually pass on the restrictions of this Policy to its users, and take steps to ensure them are complied with this Policy.

 

If violation of this Policy occurs, Elution reserves the right to take action to control the offending customer from violating this Policy. Continuing to violate this Policy after being warned of stop is considered harassment and will result in service suspension or termination, as Elution deems appropriate, without further notice.

As part of the Internet community, Internet citizens or users should act and behave in a way that is acceptable to the whole Internet community. Abusive use of network resources is strictly prohibited.

 

Handling Procedure

In order to assist us in responding the complaints as quick as possible, anybody should forward the spam mail complaint with complete headers to cs@elution.hk.

Reported complaints can also send e-mail to cs@elution.hk

 

Typically when received a complaint, Elution will forward it with a warning notice to the corresponding customer for a response and complete resolution. If the problem cannot be resolved within a period of 24 hours from the warning notice, Elution will apply full traffic blocking to the IP address involved in the UBE/UCE complaint. The problem is considered resolved only after Elution is convinced with a response of complete resolution with supportable evidence from the customer. Any full traffic blocking of IP address shall prevent the customer from sending or receiving traffic to and from such IP address.

Upon receiving warning notice from Elution, the customer should promptly investigate the UBE/UCE complaints.

 

If Elution receives repeated complaints indicating that a problem has still not been resolved, Elution will apply full traffic blocking to the IP address again and, in its sole discretion, keep the blocking for at least 7 days or 30 days after Elution is convinced that the problem is resolved.

 

Elution’s customers are responsible for themselves and its customers/end-users for UBE/UCE that passes through its connection to Elution.

 

Elution’s escalation depends on the case severity not time basis. When severe spam complaints are received, escalation will be applied and IP may be blocked in less than 48 hours. Bigger IP range will be blocked in case of IP hopping.

If situation does not improve for continued abuse, service suspension or termination will be arranged by Elution in its discretion.

 

Trusted SPAM Reporting System and Open Relay Database System

 

There are many SPAM Reporting Systems and Open Relay Database Systems in the world. Some of the organizations are well recognized. They have well developed policies and systems to handle spam complaints, blacklist and open relay testing for Internet hosts.

 

The following organizations are part of the ones Elution recognizes. If customer receives complaints from those organizations, you are required to take active resolution and respond to those organizations directly:

Spamcop.net (http://www.spamcop.net/)
Spamhaus.org (http://www.spamhaus.org/)
ORDB.org (http://www.ordb.org/)

 

Publication and Change of this Policy

This Policy is subject to change with notice by publication on Elution’s Website. Customers are responsible for monitoring this Website for changes.

 

CANCELLATION POLICY

Below is a summary of Elution's cancellation policy for hosting accounts. For complete details, please see the Agreement. This information is provided solely as a guide to our cancellation policy, and in the event of discrepancies, the information in the Agreement prevails.

 

Account Cancellation

For virtual server accounts on monthly, quarterly or yearly payment plans, Elution will accept cancellation of these accounts at anytime within the first calendar 10 days, beginning on the date the account set-up email or fax is sent. Qualifying accounts should follow the procedures outlined in "Procedures" section.

Procedures

 

Elution will accept account cancellations in writing only which are submitted via facsimile, or received via postal mail. For security reasons, the following information must be included with a cancellation submitted in this manner:

 

Customer name
Domain name
Reason for cancellation
Signature of client and company chop stamped

 

If any of the above information is absent, the cancellation cannot be accepted. To protect our clients from unauthorized account cancellations, no other means of cancellation will be accepted by Elution. Under no circumstances will Elution accept an account cancellation over the telephone.

 

Result of Cancellation

End of Term Requests

For account cancellation requests indicating the account is to be cancelled at the end of the term, the customer shall retain full rights to the account until the current billing term is concluded. On the first day following the expired term, the account shall be terminated. It is the responsibility of the customer to ensure that all data and e-mail is downloaded prior to such time, as once the account is cancelled it cannot be reopened without renewing for an additional term.

 

Immediate Requests

Customers who choose to have their account cancelled immediately will lose access to all data and e-mail as soon as the virtual authorization is received or on the day the facsimile or postal mail cancellation request is received. It is essential that the client have downloaded all e-mail and data prior to such request, as once the request is processed, the account can only be reopened by renewing the account for an additional term.

 

USAGE POLICIES

Elution is to provide our customers with an agreed amount of both web and email storage for active web pages. Elution is able to provide such services based upon a large storage and bandwidth ratio. On rare occasions, a site's popularity and server usage may impair the performance of other sites on Elution's servers. Under this condition, Elution may suspend the website and negotiate with the customer for further arrangement.

 

To ensure proper use, all files MUST be hyperlinked to files (.html, .jpg, .gif, etc.) stored on Elution server and vice versa. Customer must agree that the web storage is for the web pages and website related files only. Elution does NOT allow client to store video files, audio files, compressed files (such as, but not limited to, wmv, rm, Zip, ISO etc) and softwares (such as, but not limited to, application softwares, games etc). Elution does NOT allow client to use the web storage as file storage server (such as, but not limited to, for file backup purpose etc.). Files which size exceeds 100MB are not allowed to store at the server as well. Client must erase all illegal files from the server, our servers do not permit to store any copyrighted stuff. All chat related scripts (chat forum etc) are also not allowed and are considered as abuse of unlimited bandwidth. Any gallery related systems (such as, but not limited to, photo gallery system) are also not allowed and are considered as abuse of unlimited bandwidth and unlimited storage usage. Any scripts (cgi / php etc) that consume large amounts of CPU usage or memory are also not allowed. The user will be asked to remove any script that abuses system resources.

 

DISCLAIMER

Elution will not be responsible for any damages your business may suffer. Elution makes no warranties of any kind, expressed or implied for services we provide. Elution disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Elution and its employees. Elution reserves the right to revise its policies at any time without prior notification.

 

Elution furthermore expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Elution policy. Finally, Elution wishes to emphasize that in accepting services, subscribers indemnify Elution for any violation of the subscriber of the Services Agreement, or of law or Elution policy, that results in loss to Elution or the bringing of any claim against Elution. This means that if Elution is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against Elution, plus costs and reasonable attorneys' fees.

 

TERMS & CONDITIONS / SERVICE AGREEMENT

THIS AGREEMENT is made on the date of the Web & Email Hosting Service Sales Agreement ('the Sales Agreement').

BETWEEN: -

(1) Elution Group Limited, a company incorporated in Hong Kong whose registered office is situate at Room 1202, 12/F, Hua Fu Commercial Building, 111 Queen's Road West, Sheung Wan, Hong Kong ('Elution'); and
(2) The Domain Name Owner or Company Name ('the Customer') as provided in the Sales Agreement and its address is at the address provided in the Sales Agreement.

 

WHEREAS: -

(A) The Customer wishes its website and data to be hosted on servers and made accessible via the Internet.
(B) The Customer has agreed to hire Elution to supply the hosting services upon the following terms and conditions.

NOW IT IS AGREED as follows: -

(1) In consideration for payment of the Fees, Elution agrees to provide the Services to the Customer. The Customers shall pay the Fees and all applicable taxes and tariffs relating to its use of the Services. Elution will invoice the Customer by electronic mail, post or facsimile transmission. Payment is due at presentation for the full invoiced amount. All fees are fully earned when due and non-refundable when paid. If the Customer does not pay before the invoice due date, a late payment charge of 1.5% per month will be due and payable with respect to the outstanding balance and Elution will be entitled to terminate this Agreement and/or the provision of any of the Services to the Customer.
(2) All hosting plans have a set allotment of Traffic/Bandwidth available for use. Any traffic usage that is over the limit of the monthly allotment will be charged according to the terms that is set forth in the order form. Unused traffic may not be carried over to the following month.
(3) The Customer is responsible for and must provide all equipment necessary to access the Services and must comply at all times with Elution's requirements as regards mode of access and/or use of the Services. The Customer also agrees to abide by (1) generally accepted the AUP and (2) the Agreement.
(4) The Customer shall be entirely responsible for all use of the Services and agrees to indemnify Elution against all and any liability arising, directly or indirectly, and in any jurisdiction, out of the use of the Services. The Customer agrees to abide by all applicable laws (whether of Hong Kong or of any relevant jurisdiction) relating to the use of the Services, in particular, but without limitation, the Customer shall not access or publish any matter which violates any laws (whether of Hong Kong or of any relevant jurisdiction) and warrants that its use of the Services does and shall not, directly or indirectly, infringe any third party's intellectual property rights in any jurisdiction.
(5) The Customer expressly agrees that use of the Services is at the Customer's sole risk and that the entire risk as to the quality and performance of the Services is with the Customer. Neither Elution nor any or its directors, employees or agents warrant that the Services will be uninterrupted or error free, or give any warranty as to the results to be obtained from use of the Services. In no event will Elution or its directors, employees or agents be liable to the Customer for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Services, including but not limited to damages resulting from loss of data or loss of profits but not including death or personal injury due to the negligence of Elution, its directors, employees or agents.
(6) Any Internet Protocol address(es) allocated by Elution to the Customer, remain(s) the property of Elution. The Customer undertakes not to advertise, or otherwise to broadcast, such address(es) upon termination of the Services or the Agreement, nor to use the word "Elution" in any way as a business or company name or trade mark.
(7) If the Customer is in breach of any of the terms of the Agreement, Elution may, at its sole discretion, either suspend the Customer's access to and use of any of the Services until such breach is remedied or terminate the Agreement and the Customer's access to and use of any of the Services. Reinstatement will be at the sole option of Elution and upon such terms and conditions as it shall determine.
(8) If any provision of this Agreement is found to be invalid the other provisions shall remain in full force and effect. All obligations and restrictions on the Customer under this Agreement will survive the termination of this Agreement and/or the termination of the provision of any of the Services. No waiver by either party of a breach of any provision of this Agreement, non delay or omission to exercise any right, shall constitute a waiver of any other breach or default by the other party.
(9) Unless otherwise agreed in writing and signed by both parties, this Agreement constitutes the entire agreement between the parties. This Agreement is governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
(10) Administrative Handling Cost
- DNS Re-mapping: HK$200 will be charged for DNS re-mapping per record per time.
- Website Hosting Platform Switching: HK$300 will be charged for hosting platform switching from Unix to Windows and vice versa.

Customer will be required to pay for extra charges for any other setup or configurations. Such fee will be charged case by case and the cost could be consulted by our Customer Service Centre at 28519899 or cs@elution.hk.

 

DEFINITIONS

"Agreement" means any agreement between the parties which expressly or impliedly incorporates these Terms and Conditions as the context demands.

"Fees" means the installation fee, monthly fee and other charges in respect of the Services published from time to time by Elution.

"AUP" means the Acceptable Use Policy.

"Services" means the services as described in the Agreement, Internet access, virtual web hosting, dedicated server hosting, hardware supply, and services offered by Elution as the context requires.

 

 
   
 
 
 
 
 
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