Aiwin Business Partner Program

User Terms and Conditions
These Terms and Conditions are binding on all business partners (subscribers) to Aiwin Investment Ltd. (Aiwin) services, including but not limited to websites/email/web design/web hosting/domain registration/domain hosting/e-commerce Services and constitute a contract between Aiwin and each Subscriber. The following terms shall have the following meanings, unless the context otherwise requires:
"Aiwin" or "We" refers to Aiwin Investment Ltd., its subsidiaries and affiliates.
"Contents" refers to any software, content, data, information or other material that is accessible by or through using Aiwin Services including, but without limitation to, all electronic mail and other messages and all textual, audio, video, still image, graphical and other content;
"Content Provider" means any third party providing Content and/or who operating services accessible by or through using Aiwin Services;
"Login ID" means any personal identifier(s) issued by Aiwin to the Subscriber to gain access to all or any of the Aiwin's Services;
"Charges" means any applicable charges from time to time including, without limitation, management fee, monthly fee, storage charges and other connect time charges, access charges, handling charges, and other fees and charges as may be charged from time to time, for or relating to the Subscriber's use (and/or any other person's use of the Services by using the Subscriber's Login ID and/or password) of the Services;
"Password" means any password issued by Aiwin to the Subscriber, which enables access to all or any of the Services;
"Services" means those business partner program, ecommerce, e-mail, web design, web hosting, domain registration and domain hosting services provided by Aiwin
You must accept the terms of this Agreement in order to use the Services.
1.0 Use of Services
1.1 Unlimited Data Transfer offer is not provided to the below situations:
a) No Adult Content allowed. Please note that as stated in term (3), hosting picture/video posting forum with sexual content is prohibited;
b) Copyrighted Materials Aiwin does not permit Subscriber to host third party copyrighted materials without appropriate permission and/or illegal materials, including but not limited to text, audio and video clips. Aiwin reserves the right to terminate the Subscriber's account that the Subscriber is conducting the stated activities with our Service;
c) Medium/Large Scale Streaming Aiwin does not permit Subscriber to stream audio/video files which attracts so many concurrent users on shared hosting platform. In addition each media clip is restricted to a maximum of
2 megabytes on shared hosting platform. Streaming media would degrade the overall server and network performance and will directly affect other clients on the same server. One must consider to use our dedicated hosting service for medium or large scale of streaming;
d) Aiwin does not provide Unlimited Data Transfer to our dedicated server hosting and server co-location clients.
1.2 The Subscriber is not permitted to distribute material promoting hatred against individuals or groups or any Content which is deemed illegal under the laws of any Country or any copyrights laws. Aiwin reserves the right to decline requests for web space rentals and to cancel any account at our discretion.
2.0 Copyright Violations
2.1 Our website designs, promotion materials and programming are copyrighted to Aiwin and its licensors. Any redistribution or republication of any of our designs and programming scripts are strictly prohibited. The Subscriber agrees that no one except Aiwin could modify, alter or remove any designs and programming scripts that are created by Aiwin. The Subscriber should not publish, post or transfer any of our designs or programming scripts to other companies. Aiwin reserves the right to modify, alter or remove any of our designs and programming scripts anytime at Aiwin's discretion.
3.0 Spamming & Network Abuse
3.1 The Subscriber will not hack, break into, access or use or attempt to hack, break into, access or use any part of the Services, its content and/or any data areas on Aiwin's server(s) for which the Subscriber has not been authorized by Aiwin.
3.2 The Subscriber is not permitted to distribute material promoting any form of network and server abuse, such as bulk spam mailers, sniffers, or hacking tools. In addition, hosting picture/video posting forum with sexual content is prohibited.The subscriber is also not permitted to host any script/file/media clip or to perform email broadcasting which is consuming huge CPU, memory and/or bandwidth resources. Aiwin reserves the right to disable any Subscriber's script/file/media clip/email account/website without prior notice should we find that the Subscriber is causing Aiwin serious technical and/or bandwidth difficulties.
3.3 The Subscriber should not use the Services to circulate, publish, transmit, distribute, or any unsolicited promotional information or any content that is seditious, obscene, defamatory, indecent, threatening, offensive, liable to incite racial hatred, discriminatory, menacing or in breach of confidence. Aiwin exercises no control whatsoever over the Content passing through the Services.
4.0 Viruses and Other Destructive Activities
4.1 Use of Aiwin's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Aiwin's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
5.0 Enforcement
5.1 Aiwin reserves the right at all times to deactivate all or any of the Services thereof with a at least 24 hours advance notice to carry out system maintenance, upgrading, testing and/or repairs. No credit or refund is available in respect of any time when all or any of the services is down or suspended.
5.2 Aiwin reserves the rights to expand or reduce the Services, amend the Charges or introduce new charges payable by the Subscriber, amend any of the terms and conditions of this Agreement, alter, modify and/or delete any of the Services without prior notice to Subscriber.
5.3 Aiwin may suspend or terminate this Agreement and/or the provision of the Services without notice and without limiting any other remedies available to Aiwin if any of the following events should occur: The Subscriber's balance remains unpaid 5 days after the invoice date The Subscriber becomes the subject of bankruptcy, winding up or receivership proceedings; or The Subscriber permits outstanding charges to exceed the credit limit established from time to time by Aiwin; or The Subscriber is in breach of any terms of this Agreement.
5.4 Aiwin may terminate this Agreement and the Subscriber's access to the Services at any time if the Subscriber breaches any terms of this Agreement or if the Subscriber's use of or actions in connection with the use of the Services is/are inappropriate, in Aiwin's sole opinion, with the continued use of and/or subscription to Aiwin. The Subscriber may request Aiwin to cancel the Services provide at any time by giving 30 days written notice, provided that all accrued charges as of the actual cancellation shall be due and payable. Upon the termination of the provision of the Services by Aiwin, Aiwin will cease to provide to the Subscriber access to the Services and all licenses and other rights and privileges granted to the Subscriber. All payments (including any setup fees and/or administration fees) previously made by the Subscriber will not be refunded.
6.0 Warranty; Warranty Disclaimer
6.1 Aiwin makes no warranties of any kind, whether expressed or implied, for the Services it is providing and disclaims any responsibility for the accuracy or quality of information obtained through its Services. Aiwin will not be responsible for any damage Subscriber suffers from use of the Services. This includes loss of data resulting from delays, non-deliveries or service interruptions caused by its own negligence or Subscriber errors or omissions, or due to inadvertent release or disclosure of information sent by Subscriber. The Subscriber should always maintain a good backup copy of their website files, databases and emails at all times.
7.0 Limitation & Exclusion of Liability
7.1 Aiwin guarantees 99% network and server uptime. Network uptime guarantee does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via email, and will not exceed 60 minutes per month. Server uptime guarantee does not pertain to scheduled or emergency server maintenance, unexpected operating system and hardware failures. In order to accomplish 99% network and server uptime, Aiwin has carried out the following:
a) All network connections make use Standard Router Protocol
b) Multiple upstream providers
c) Fully redundant OCn internal backbone network
d) All network devices and server parts have onsite spares
e) All key network components, mail and web servers are monitored 24/7
f) UPS and diesel generator power are in place to prevent power failures
7.2 Aiwin expressly disclaims any liability for (i) any damage to or loss of data arising from the Subscriber's use of the Services; (ii) any claim based in contract, tort, or otherwise for any direct or indirect loss of revenue, profits or any consequential loss whether of an economic nature or any such loss which the Subscriber suffers as a result of any error, inaccuracy or computer virus in or introduced into the Subscriber computer system by, through or in connection with the Subscriber uses of the Services or the Software; (iii) any claim relating to the Services and/or any Content supplied, provided, sold or made available by or through the Services (or any failure or delay to so supply, provide, sell or make available); (iv) any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond Aiwin's control ("Force Majeure Event"). A Force Majeure Event includes but is not limited to acts of God, war, civil disobedience, explosion, fire, flood, governmental action, legislation not in force at the time of this Agreement, restraints imposed by government or any other regulatory authorities, labour disputes, trade disputes or delays of third parties (other than subcontractors) over which Aiwin has no control.
8.0 Indemnification
8.1 The Subscriber hereby agrees to indemnify and to keep Aiwin fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense suffered or incurred by Aiwin arising from or which is directly or indirectly related to: the Subscriber's use and any other persons use of the Services where such person was able to access Aiwin by using the Subscriber Login ID and/or Password, including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights; and/or any breach or non-observance of any provision hereunder by the Subscriber or any other person where such person was able to access the Services by using the Subscriber Login ID and/or Password.
9.0 Payment for Services
9.1 "14-day Money Back Guarantee" is offered to selected Aiwin hosting plans. Within the 14 days of the initial hosting service, Subscriber under "14-day Money Back Guarantee" can send a written request (either by fax or email) to request a refund of the hosting fee should the Subscriber wants to cancel the service. Aiwin will refund the hosting fee previously paid by the Subscriber. No full or partial amount will be issued back to Subscriber should hosting account has been activated for or over 14 days period.
9.2 Invoices are due on the date specified on the invoice. Interest will accrue on unpaid amounts as and from 14 days after the invoice date at the rate of 2.0% per month, or such other rate as we may determine from time to time. Payment shall be made by Paypal (Visa, MasterCard).
9.3 In the event that the Subscriber wants to restore a suspended account due to expiration, late payment, NSF, chargeback, or poor credit history, there will be a minimum $15.00-50.00 service restoration charge on top of any chargeback fees, owing balances and interests.
9.4 Billing Terms and Conditions are list at our Billing Policy in which it will still hold as legal bound for Aiwin clients.
BILLING POLICY
10.0 Miscellaneous
10.1 All applications for Aiwin Services shall be subject to review and acceptance by Aiwin.
10.2 Confidentiality The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.
10.3 This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior arrangements or understandings, whether oral or written, between the parties relating to the subject matter hereof.
10.4 These terms and conditions may be amended by Aiwin at any time and if any term or condition hereunder becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be separable and shall not form part of these terms.

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