Terms of Service

The use of services from SYNCTECH constitutes agreement to these terms. You may view our Privacy Policy here.

1a.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account or the rejection of your order. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

1b.) Transfers
Our transfer’s team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best; however, in some cases we may be unable to assist you in a transfer of data from an old host.

 

2a.) Account Content

All services provided by SYNCTECH may only be used for lawful purposes. Purposes must abide by MALAYSIA Laws.

The customer agrees to indemnify and hold SYNCTECH harmless from any claims resulting from the use of our services.

The use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email enquiry@synctech.com.my with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of prohibited material on all Shared, Reseller, Semi-Dedicated, VPS, and Dedicated Servers include:IRC Bots, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

2b.) Account Security

The security of your support and billing system, cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services.

All software must be kept up to date; including scripts, plugins, and themes, or otherwise be secured against unauthorized intrusion or hacking. In the event that we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation. We may invoice the account holder of the compromised or hacked account an investigation fee at the rate of RM75 per hour rounded up to the nearest hour.

 

3a.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any account found to be sending spam will be suspended and/or terminated with or without notice at our discretion. All purchased lists even if offered as a “safe list” or “double opt-in” will be treated as spam. Any user who sends out spam may have their account suspended and/or terminated with or without notice. Please read this for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.SYNCTECH NETWORK reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. We may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of RM250 per hour rounded up to the nearest hour.

3b.) Zero Tolerance Phishing Policy

Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of RM250 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.

 

4.) Payment Information

You agree to supply appropriate payment for the services received from SYNCTECH , in advance of the time period during which such services are provided. You agree that until and unless you notify SYNCTECH of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of SYNCTECH , it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. SYNCTECH provides a 2 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 2 days and not paid will result account suspension until the account balance has been paid in full. Any account that is overdue for 14 days and has not paid will be automatically terminated.

SYNCTECH NETWORK reserves the right to change the monthly payment amount and any other charges at anytime.

 

5.) Backups and Data Loss

Your use of the service is at your sole risk. SYNCTECH is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SYNCTECH servers. While SYNCTECH does maintain backups of your files and/or data on our Shared, Reseller, and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 3 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by SYNCTECH NETWORK.

 

6.) Cancellations and Refunds

Cancellations must be submitted via our Billing and Support system at https://www.synctech.com.my/contact-us/. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Dedicated server cancellations must be submitted at least 10 days prior to your renewal date. SYNCTECH reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at SYNCTECH ’s discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.

Customers may cancel at any time via the cancellation form in your client dashboard. SYNCTECH gives you an unconditional 30 day money back guarantee on managed shared, semi-dedicated, and reseller solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Only first-time accounts are eligible for a refund.

Violations of these Terms of Service will waive the refund policy and no refund will be granted.

 

7a.) Resource Usage

Users may not:

1. Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, daemons, Google Cash, AdSpy, IRC (Internet Relay Chat), Chat Platforms, Bit Torrents, Tracker, Peer-to-Peer file-sharing , Gaming Server.

2. Run cron entries with intervals of less than 5 minutes without prior written approval.

7b.) Backup Generation – Off-Peak Times

Off-peak times which are acceptable for backup generation are defined as:
Every day from 10PM to 7AM (GMT+8) next day.
Off-peak times which are NOT acceptable for backup generation.

We perform automatic daily backups of every server, every night, and our backups in conjunction with user-started backups can cause performance degradation. The following times are the scheduled backup start times and each lasts for approximately two hours. During these times we ask that you please refrain from conducting full cPanel backups.

 

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package. You will be billed for bandwidth usage beyond your allocated amount at the rate of RM50 per gigabyte. Unused transfer in one month cannot be carried over to the next month or refunded.

 

9a.) Money Back Guarantee

On virtual private servers, dedicated servers, colocation, lifetime plans, and design services no full refund will be honored — the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of SYNCTECH ’s managed shared, reseller, and semi-dedicated servers carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared, reseller, and semi-dedicated packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Any domain name registered for free is valued at RM35 and will not be refunded.

9b.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of SYNCTECH dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact https://www.synctech.com.my/contact-us/ with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared, reseller, and semi-dedicated solutions.

9c.) Network Availability Guarantee

Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Semi-Dedicated offerings are covered by our Uptime Guarantee.

 

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. SYNCTECH does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. SYNCTECH will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.

 

11.) Shared (non-reseller accounts) / Semi-dedicated Servers

Shared and semi-dedicated accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account, virtual private server, or dedicated server.

 

12.) Dedicated Servers

SYNCTECH NETWORK reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter and internal company policies. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. SYNCTECH reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact enquiry@synctech.com.my if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

 

13.) Price Change

The amount you pay for hosting will never increase without prior notice. We reserve the right to change prices listed on SYNCTECH NETWORK, and the right to increase the amount of resources given to plans at any time.

 

14a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold SYNCTECH harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SYNCTECH its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SYNCTECH against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SYNCTECH (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SYNCTECH NETWORK’s server.

14b.) Limited Liability

Under no circumstances, including negligence, shall SYNCTECH its offices, agents or any one else involved in creating, producing or distributing SYNCTECH services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SYNCTECH services; 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 SYNCTECH NETWORK’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on SYNCTECH’s servers.

14c.) Arbitration

By using any SYNCTECH services, you agree to binding arbitration. If any disputes or claims arise against SYNCTECH or its subsidiaries, such disputes will be handled by an arbitrator of SYNCTECH NETWORK’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

 

15.) Disclaimer

SYNCTECH NETWORK shall not be responsible for any damages your business may suffer. SYNCTECH makes no warranties of any kind, expressed or implied for services we provide. SYNCTECH disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SYNCTECH and its employees

 

16.) Disclosure to law enforcement

SYNCTECH NETWORK may disclose any subscriber information and files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

 

17.) Addendum Terms and Agreements

By agreeing to these terms of service you agree to have read and understood not only this document, but our support scope, and our mailing policy documentation and agreements.

 

18.) Severability

If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

 

19.) Changes to the Terms of Service

SYNCTECH NETWORK reserves the right to revise its policies at any time without notice.

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