Terms and Condition for Web Hosting

SERVICES AGREEMENT

This Services Agreement ("Agreement") is made as of the ______ day of ______________________, ______ ("Effective Date") and entered into by and between Express Data Co., Ltd., (Express Data, we, us, or our), and ______________________ a ____________________ (Customer, you, or your).
This Agreement consists of this page, the Order Form, the Service Attachments (if any), and any addenda referenced by the Service Attachments, each of which is incorporated by this reference.

This Agreement is the complete understanding between the parties concerning its subject matter and replaces any prior oral or written communications between them. This document is dynamic - the most recent version of this document available on our website shall control the parties relationship. Except for prior obligations of confidentiality and/or nondisclosure, there are no conditions, understandings, agreements, representations, or warranties, express or implied, which are not specified in this Agreement. This Agreement can only be modified by a written document executed by the parties. With the exception of term commitments contained herein, in the event of any conflict between the terms of Service Attachments, and General Terms and Conditions, the terms of the preceding documents shall prevail in that order.

The parties will indicate their acceptance of this Agreement in one of the following manners:
(i) submitting order for services to Express Data and acknowledging receipt of the order by Express Data; or
(ii) signing below as indicated.

General Terms and Conditions

• INTRODUCTION
   
  Express Data provides this Web Site located at www.expressdata.co.th (this "Site"), and the Web Hosting Service, Domain Name Registration, Search Engine Submission, Reservation Express (RES), Live Update, Do-it-Yourself, Web Development, Application, and other products and services offered on the Site (collectively, the "Service") subject to your compliance with this terms and conditions.
   
• USE OF SERVICES
   
  Customer may only use services provided by us for the purposed set out in this terms and conditions. Customer is responsible for the activities of your customers and third party users of services provided by us through you.
   
  • Domain Name Registration Service
    Express Data provides Domain Name Registration Service thru Network Solutions and other registrar partners authorized by ICANN (The Internet Corporation for Assigned Names and Numbers). All Domain Names Registrations are subject to the then current terms and conditions of the applicable policies for the registry operator for each TLDs or ccTLD. The domain registration fee and subsequent annual domain renewal fees are non-refundable.
    
    In case the domain has been registered by Customer through third party domain registrars, Customer is ultimately responsible for the renewal of his domain.
     
  • Search Engine Submission and Search Engine Optimization (SEO) Services
    Provision of the Value-Added Services to all hosting customers, Express Data accepts, and submits URLs for inclusion in web database of various search engines. Additionally, Express Data provides a "Paid Submission, SEO Service" for inclusion in web database of major search submission's network such as Google Adwords Cost-per-Click program. By enrolling for these services, Customer are contacting with Express Data and agrees to these followings:
     
    • Express Data shall not be responsible for URLs dropped or excluded by a search engine for any reason. 
    • Express Data shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems. Express Data shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters. 
    • Express Data do not represent or warrant that Customers' URLs will achieve a favorable position, or any position, within a particular search engine.
       
  • Reservation Express (RES)
    Provision of the Reservation Express (RES Search Pack, RES Full Pack), Express Data will set up, train Customer in the use of, maintain, provide ongoing support and provide for non-exclusive use of the 'RES' on the Internet. Customer is responsible for all data entry.
     
    • Express Data Co., Ltd. will provide one copy of RES handbook. 
    • For security reason, Hotel Admin Management (Back office) is password protected, one login and password will provide to Customer and must be keep in confidence. 
    • All booking through RES are made securely with SSL technology and directly with Customer and are subject to confirmation by Customer. Cancellation, amendment and payment from third party are also directly process with Customer. 
    • In using RES, Customer may freely alter the number of rooms to be made available and also the room rates, on a day-by-day basis as required. Customer will remain responsible for the accuracy of the availability and rate data posted.
       
  • Live Update, Do-it-Yourself and Online Applications In using of Live Update, Do-it-Yourself and other Online Application to operate up-to-date information on your website, Customer agrees to these followings :
     
    • Customer will remain responsible for the accuracy of the information posted. 
    • Express Data reserves the right at all times to monitor, review, retain and/or disclose any information as it deems necessary, in its sole discretion to satisfy any applicable law, regulation, legal process or government request or as consistent with its Privacy Policy. 
    • Live Update, Do-it-Yourself and other Online Applications are non-exclusive, non- transferable, non-sub licensable, and revocable.
       
  • Web Hosting Services
    Express Data's services may be used for lawful purposes only. Customers may not use Express Data's services to directly facilitate the violation of any particular law or regulation.
    
    Express Data does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. Express Data does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers are prohibited from using Express Data's services to disseminate or access Child Pornography and Bestiality. Express Data is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality.
    
    In connection with your use of Express Data's Web Hosting service, you agree you will not engage in the following prohibited activities:
     
    • a) Transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
    • b) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
    • c) Post or transmit any Material that contains a virus, worm, trojan infections or corrupted data;
    • d) Post or transmit any unsolicited bulk mail "junk mail", "spam," "chain letters, and or any commercial messages.
    • e) Upload or transmit any Material that infringes or misappropriates the intellectual property rights of others, including patent, trademark, trade secret, software piracy, copyright or other proprietary rights of any party;
    • f) Accessing illegally or without authorization computers, accounts, or network belonging to another party, or attempting to penetrate security measures of another individual's system
       
  • Web Design Services
    Customers warranty that all materials, content and/or information supplied to Express Data to produce the webpage are authorized, and that they are the lawful owner, or have an appropriate license to use all materials provided to us, or which may be accessed or tramitted using the services.
    
    Express Data offering a free content update with miximum 2 hours per month on some service packages. This offer is not related by other means to change the site structure, swop link, graphic, add link and add menu bar. Express Data reserves the right to review customer's requirement case by case and the right to change the condition at any time seemed fit by the management.
     
• PAYMENTS
   
  Payments for services provided shall be paid in Thai Baht or US$ (based on the current exchange rate - buying US$ rate). Payments can be made by cash, bank transfer into Express Data Co., Ltd bank account, online via Express Data Secure Online Payment Form or by check designated to Express Data Co., Ltd.
   
  Non payment will result in suspension of services. If payment has not been made after 3 days of the Term or Renewal date, Express Data reserve the right to disconnect services and additional services. A one-time re-activation fee of U$35- applied prior to re-connection services. Time line to re-activation service may take up to 48 hours.
   
  • Deposit
    Customer must pay a deposit of 30% of the full amount indicated on the agreement upon signing. Payment of deposit charges is a pre-requisite to our obligation to provide services to Customer.
     
  • Recurring Charges
    Unless otherwise set out on an individual Service Attachment, Customer agree to pay all charges by the due date indicated on the invoice ("Due Date"). Customer will pay Express data interest on payments made following the Due Date at the rate of 1.5% per month or the maximum rate allowable by law. Customer may be assessed a processing fee on late payments, at our sole discretion, if Express Data incur administrative and/or legal costs associated with your late payment. If customer do not pay all undisputed amounts by the Due Date, Express Data reserve the right to disconnect services and additional services, and refuse to continue to provide them to Customer. A set up fees will also apply for all re-connection services.
     
  • Refunds
    Each of service options carries a 30 day money back guarantee on monthly fees only. If customer is not completely satisfied with our services within the first 30 days of contract, customer will be given a full refund of the contract amount (monthly fee paid in advance) minus set.
    
    This policy does not apply to design, domain name registration, search engine submission, Live update, Do-it-Yourself, Online Application or any additional services such as additional disk space, additional pop account, etc.
     
• TERM AND TERMINATION
   
  The initial term will begin on the Effective Date. The period between the Effective Date, and the date of Termination or Expiration, if any, is the "Term."
   
  • Renewal Term
    Unless otherwise specified in a Service Attachment, following the expiration of a service's respective term, the term will automatically renew for the length of the initial term ("Renewal Term") unless cancelled in writing by either party at least 30 days before the expiration of the Term or Renewal Term.
     
  • Termination
    Express Data reserve the right to terminate this Agreement for a violation of our terms and conditions. One party may also terminate this Agreement upon the occurrence of a material breach, which has not been cured by the other party within 30 days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
    
    Express Data takes no responsibility for website data (content) after the date of account deletion. In-house backups are for security reason only. It is ultimately Customer responsibility to back up all data from the web account prior to the cancellation date.
    
    In case of cancellation or suspension for non payment for services provided by Express Data, Customer may loose all access to services provided. In the event of the termination of the agreement with Express Data, customer agree that the right to use of the software or service will also terminate and access code, password, information and other related with the use of the service and software will immediately suspend or terminate.
     
  • Domain Cancellation
    Domain names are registered for fixed periods that are subject to renewal. We will send several communications to customers to alert them that their domain name registration services will expire on a certain date. If a customer does not renew the domain name registration by the expiration date, the domain name registration is subject to deletion at any time after that. In an effort to help our customers avoid unintentional deletion of their domain name registration(s), we may, but are not obligated to, provide our customerswith a "grace period" after their domain name registration services expiration date(s) (a "grace period" begins on the day after the date of expiration). We currently endeavor to provide a grace period that extends 35 days past the expiration date, to allow the renewal of domain name registration services. During this period a customer can renew a domain name registration; however, a grace period is not guaranteed and can change or be eliminated at any time without notice. Consequently, every customer who desires to renew his or her domain name registration services should do so in advance of the expiration date to avoid any unintended domain name deletion.
    
    In the event a domain name is the subject of a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding and expires or is deleted during the course of the dispute, the complaining customer has the option to renew or restore the domain name under the same commercial terms as the original customer. If the case ultimately is terminated or the arbitrator finds against the complaining customer, the name will be deleted within 45 days.
     
  • Domain Transfer Policy
    To transfer a domain name registration to another service provider from Express Data, the customer seeking to transfer the domain name registration must initiate the transfer request with the gaining registrar. The customer's current WHOIS Administrative Contact of record listed in current registrar's WHOIS account must approve the transfer by providing express authorization to the gaining registrar in a valid Standardized Form of Authorization.
    
    Domain name transfers to Express Data for .com, .net and .co.th extensions are initiated with a manual Domain Name Transfer Order Form, however only the Administrative Contact (as listed in the current registrar's WHOIS record) can authorize or approve the transfer request. Without the Administrative Contact's authorization, the domain name registration transfer request will be unsuccessful.
    
    The customer represent and warrant that: (a) the information provided to Express Data in connection with your application is accurate and complete; (b) you are the rightful holder of the registration for the domain name; (c) the registrar of record for the domain name as of the date of this request is the current registrar; (d) you are not in default on any obligations you may owe to the current registrar; (e) you are not party to any dispute resolution proceeding concerning your use or registration of the domain name.
    
    (f) You authorize us to take all actions necessary to become the service provider for the domain name, including transmitting to the appropriate Registry a request to change the Registry database to reflect the registrar's record. You acknowledge and agree that we shall not be responsible for any legal obligations you may owe to any third party, including the current registrar. You further acknowledge and agree that you are not entitled to a credit from us for any sums you may have paid the current registrar. You agree to release, indemnify, and hold us and our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorneys fees, of third parties arising under this Agreement.
     
• PROPERTY RIGHTS
   
  • Reservation Express (RES) , Live Update, Do-it-Yourself and other Online Application on this site are trademarks and services marks of Express Data. 
  • Express Data owns all rights, titles and interests in trade names, service marks, inventions, copyrights, trade secret, patents, and know-how relating to the design, function, or operation of Options and of the software systems and resources necessary to provide the individual service elements of Hotel Reservation Express (RES) , Live Update, Do-it-yourself and other Online Application on this site. 
  • Express Data licenses the use of services for the time period the Customer has an active account with Express Data. Customer access and use of services does not imply ownership or a license to reproduce and/or distribute information contained within. All licensing right belong fully to Express Data. 
  • Express Data reserves the right to change service descriptions and rates at any time seemed fit by the management. Notices containing information with regard to changes or upgrades may be sent by email, fax or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. 
  • Customers warrant that their use of Express Data's services are authorized, and that they are the lawful owner, or licensee of Content, placed on, or accessed through those services.
     
• SERVICES AND INFORMATION
   
  • Connection Speed
    Connection speed represents the maximum speed of a connection and does not represent guarantees of available end-to-end bandwidth.
     
  • IP Addresses
    Express Data owns IP numbers and addresses assigned to customers. Express Data may, in its sole discretion, change these numbers. These numbers may not be transferred to another provider.
     
  • E-mail/SPAM
    Express Data supports the use of E-mail for legitimate communications in a manner that is generally accepted. The use of E-mail for unsolicited bulk E-mails is not generally accepted. The use of Express Data's services to transmit this type of E-mail is specifically prohibited.
    
    Virus infections are the responsibility of the customer and must be rectified as soon as possible. Express Data reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.
     
• LIMITATION OF LIABILITY
  
  You specifically agree that Express Data and their officers, directors, shareholders, licensors, related companies, employees, agents, subcontractors and attorneys (collectively, "Related Parties") shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service. WITHOUT LIMITING THE FOREGOING TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESS DATA CO., LTD. AND ITS RELATED PARTIES SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYEES, OFFICERS, SHAREHOLDERS, YOUR BUSINESS, RELATED COMPANIES OR INDIVIDUALS AND AGENTS, AS APPLICABLE, FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF USE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED EXPRESS DATA OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
   
• WARRANTIES AND LIMITATION OF WARRANTIES
  
  THE SERVICE AND THIS SITE, INCLUDING ANY SOFTWARE, CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, EXPRESS DATA CO., LTD. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPRESS DATA CO., LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

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