Terms of Service (TOS)

These Terms of Service (the “Agreement”) are an agreement between CreoHost Pte Ltd (“CreoHost” or “us” or “our”) and you (“User” or “you” or “your” or “customer”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by CreoHost and of the CreoHost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

General Terms of Service

CreoHost is a web hosting provider that offers storage and transfer services over the Internet through access to its web servers.

The Customer seeks to utilise CreoHost services for its own purposes only. The customer may not sublease or give away any portion of the resources to any other party than the Customer.

Both parties acknowledge that the Internet is neither managed nor owned by any one entity and therefore CreoHost cannot guarantee that any Internet user shall be able to access CreoHost’s server at any given time.

Usage

Acceptable Use Policy

Customer may only use CreoHost’s servers for lawful purpose. Storing and transmission of any material in violation of any country or state laws is prohibited. Also, using CreoHost’s servers to support or commit illegal activities is forbidden as well. This includes, but is not limited to copyrighted, obscene or protected trade secret materials.

Websites dedicated to the support of hacking activities are prohibited. This may be in the form of, but is not limited to, discussion forums or facilities used for distribution of hacking tools. Also, the usage of CreoHost’s servers and network to access any system, service or network without the owner’s consent is strictly forbidden.

Any activities which causes service interruption to CreoHost’s servers or any other network inside or outside is forbidden. This includes, but is not limited to, the execution of Denial of Service attacks and software configured for malicious intent.

Customer agrees to not have any content on their site that provides tools or mechanisms to send unsolicited email or usenet postings, or to use unsolicited email or usenet postings to advertise for their site hosted at CreoHost.

Collecting, harvesting, or using email addresses, personal data without the consent of the owner identified is prohibited. This includes but is not limited to, phishing, internet scamming, spidering or password stealing.

Customer agrees that if any assigned IP numbers of the account are listed on an abuse database or blacklist such as SpamHaus, the customer will be in violation of the Terms of Service. CreoHost reserves the right to take action and suspend or terminate the account in order to protect its IP numbers.

Engaging in activities pertaining to Black Hat SEO practices are prohibited. Such activities have serious negative effects on server performance and are not permitted.

Customer agrees to primarily use CreoHost’s servers for the purpose of hosting a website and associated email functions. Content and data uploaded should only be for this purpose. CreoHost’s web hosting services are not intended to be used as a data archival or back up service.

Scripts, processes, software or content that affect the the ability of other customers on this service in using their provided services satisfactorily are forbidden. This includes but is not limited to CPU-intensive scripts, IRC bots, BitTorrent software and proxy softwares.

Anti-Spam Policy

Customer may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:

  1. Use or contain invalid or forged headers
  2. Use or contain invalid or non-existent domain names
  3. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
  4. Use other means of deceptive addressing
  5. Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party
  6. Contain false or misleading information in the subject line or otherwise contain false or misleading content

Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

Fair Use Policy

CreoHost’s shared hosting services places its customers’ websites on the same platform, sharing server resources. This service is designed to meet the needs of individuals or small businesses and is not intended to meet the high demands of large enterprises.

CreoHost urges customers to create websites with high user experience while minimising usage on bandwidth, storage and CPU resources. This is to ensure that all customers enjoy a quality experience with the consistent availability and stability of the server resources. It is prohibited to operate sites with functions such as file sharing, file distribution or traffic diversion. CreoHost reserves the right to remove the data in violation of our fair use policy.

In order to maintain a quality experience for all customers on the shared hosting service, websites with bandwidth intensive functions are highly discouraged. Bandwidth intensive applications include, but is not limited to sharing or streaming of videos and music etc. CreoHost reserves the right to suspend or terminate accounts that abuse the server.

Financial Arrangement

Account Setup, Termination and Billing

CreoHost reserves the right to process and invoice the customer once the order submission and confirmation is done. The customer account will be billed regardless of the actual activation date of the services.

Orders paid by bank transfer or cheque will have its customer account set up once the funds are received.

CreoHost reserves the right to invoice customers for subscription fees at various billing cycles.

For termination of services, the customer needs to contact the billing department and upon verification, the subscription to services and invoice will be cancelled. The customer will need to provide proof of account ownership and other forms of identification for verification purposes prior to account termination.

For customer accounts that have overdue payments, the accounts will be disabled if payment is not received within 1 day of the due date. A re-activation fee of S$50 or 50% of the hosting product annual subscription fee, whichever higher, will be charged for re-enabling the disabled individual hosting account. Re-enabling domains during redemption or grace periods will incur separate fees and will be advised on case-by-case basis.

For customer accounts that have an overdue of 30 days from the invoice date and not paid, CreoHost reserves the right to terminate the account and remove all data within that account.

If the account has been terminated, all information contained and related to the account will be deleted and purged. Customers will thus be unable to retrieve the abovementioned information.

CreoHost shall not be held responsible in any way for any loss or damage incurred due to the disruption of service arising from overdue payments.

CreoHost reserves the right to charge you reasonable “administrative fees” or processing fees” for (a) tasks performed outside the normal scope of its services (b) additional time and/or costs incur in providing its services.

Refunds

The management of CreoHost reserves the right to exercise discretion on refunds. Fees that are non-refundable include setup fees, the cost of domains and security certificates. Any refund that is to be made will be offset by the fees of the aforementioned items.

Refunds to orders that were paid via credit card processing facilities will be subjected to a transactional charge of 5%. This charge will be deducted from the total refund amount.

All domains are not applicable for refunds. However the domain names will be rightfully owned by the registrant.

Thirty (30) day money-back guarantee is offered for CreoHost’s managed shared hosting services only. Subject to the terms described here, if the customer is not completely satisfied with these hosting services and terminates the account within thirty (30) days of signing up for the services, the customer will be given a full refund of the amount paid for hosting, less any transaction fees incurred. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services. Only first-time accounts are eligible for a refund. If the customer had an account with us before, canceled and signed up again, or have opened a second account with us, the customer will not be eligible for a refund.

Disputed refunds associated with any CreoHost account may, at CreoHost’s discretion, result in immediate and permanent disablement of the account.

Any violations to this Terms of Services laid out by CreoHost will result in no refunds.

Ownership and Dispute

Access and Control Policy

When a new account or domain, as applicable, is registered with or transferred to CreoHost or with one of its affiliates, the process requires and results in the creation of the following within the records of CreoHost, in association with said new account or domain:

  1. Name of person registering;
  2. Email address;
  3. User name;
  4. Password; and,
  5. Associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

If a person contacts CreoHost and claims that he or she is entitled to access to an account, website, or domain registered with CreoHost or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), CreoHost will give access to the person who acceptably evidences he or she has substantially all of:

  1. Name of the person who originally registered;
  2. Email address of the person who originally registered;
  3. The user name of the person who originally registered, if possible;
  4. The associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and,
  5. Photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory).

Otherwise, CreoHost will not give access and control to a claimant unless CreoHost is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring CreoHost to give such access and control to said claimant or unless there is submitted to CreoHost at [email protected] a written statement duly signed by the person who originally registered said account which statement is duly notarised, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarised statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Customer acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Customer or by others within the online records of CreoHost or of its affiliates shall not be deemed effective to give notice to CreoHost or its affiliates of any changes in said access or control.

Customer acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against CreoHost arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases CreoHost from all liability and all claims for damages or any other liability whatsoever that may arise out of CreoHost’s following said policy and procedure.

Transfer of Ownership

CreoHost is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with CreoHost or its affiliates. By accessing CreoHost’s system, registering, or using any of the services provided by CreoHost, the Customer, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with CreoHost or any of its affiliates are subject to the terms and conditions of this section of these Terms.

CreoHost will recognise a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with CreoHost or its affiliates only in the event that at least one of the following occur:

  1. There is received by the Compliance Manager ([email protected]) a written statement (in a form acceptable to CreoHost or applicable affiliate) containing the notarised signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarised signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or,
  2. CreoHost is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring CreoHost (or affiliate) to transfer such ownership to said claimant.

Customer acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within CreoHost; and, further, that any other changes made directly by Customer or by others within the online records of CreoHost or of its affiliates shall not be deemed effective to give notice to CreoHost or its affiliates of any changes in said ownership.

Disputing Site or Account Ownership

Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by CreoHost or in an associated CreoHost account. CreoHost is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by CreoHost or in an associated CreoHost account, and, in CreoHost’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then CreoHost will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves CreoHost of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what CreoHost, in its sole judgment, deems to be a reasonable time, then CreoHost, at its option and without any obligation to do so, may, in accordance with and subject to the laws of Singapore, file an interpleader action in a court of competent jurisdiction for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse CreoHost for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to CreoHost under this section shall be deemed due and payable immediately after judgment or settlement is reached.

Notification of Transfer of Hosting Account Ownership

Any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. CreoHost will not be liable for any inability to access the account due to a failure to release access information. CreoHost reserves the right to accept or reject the request for any reason in its sole and absolute discretion.

Service Level Agreement

CreoHost strives to achieve 100% website availability for all customers subscribed into its web hosting services and is not held responsible for any deficiencies caused by or associated with any of the following:

  1. Attacks by third-parties on CreoHost’s servers, networks and data centres. These attacks include, but are not limited to distributed denial of service (DDoS) and hacking activities.
  2. Propagation of DNS entries or issues related to DNS caching on customer’s environment, which may hinder a website’s accessibility for brief periods to the visitors or customer respectively.
  3. Maintenance and upgrades that are either scheduled or unscheduled.
  4. Customer’s (or their appointed agent) inclusion of customised objects or scripts into their associated website, where coding or configuration errors occur.
  5. Misconfiguration of related services performed by the Customer (or their appointed agent) such as, but not limited to, email service protocols or file transfer protocols.

Limited Liability

Customer expressly agrees that use of CreoHost’s web hosting service is at Customer’s sole risk. Neither CreoHost, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that CreoHost’s web hosting service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the CreoHost web hosting service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall CreoHost, its offices, agents or any one else involved in creating, producing or distributing CreoHost web hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the CreoHost web hosting service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to CreoHost web hosting records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on CreoHost web hosting service.

Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

CreoHost reserves the right to amend the Terms of Service (TOS) without any prior notification. These Terms and Conditions constitutes the entire contract and understanding of the parties.

The above stated Terms of Service are correct as of 01 November 2017.