Posh Commerce – Hosting Terms of Service (TOS)

Posh Commerce Sdn Bhd trading as Posh Commerce issues this document. The company shall be known throughout this document as Posh Commerce.

Use of Posh Commerce Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Posh Commerce.

The TOS may be changed from time to time at the discretion of Posh Commerce. The client understands that change to the TOS by Posh Commerce shall not be grounds for non-payment.

Posh Commerce agrees to provide the client with web hosting services for a monthly or annual fee. Posh Commerce will never require clients to advertise for Posh Commerce on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Posh Commerce services for personal and/or business/commercial websites or content.

Content:

All services provided by Posh Commerce may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Posh Commerce from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:

Posh Commerce does not allow adult “xxx” related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based “pay sites”. This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Posh Commerce will be the sole arbiter as to what constitutes a violation of this provision.

Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Posh Commerce support before hosting such websites. Posh Commerce will be the sole arbiter as to what constitutes a violation of this provision.

Some Examples of Unacceptable Content:

– Adult / Pornographic
– Hacking programs / Hacking Archives / Hacking Information
– Warez Sites
– Spam / Spamming Software

Distribution or Transmission of Obscene or Indecent Speech or Materials:

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:

Material accessible to you through Posh Commerce’s Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Posh Commerce Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Posh Commerce Network. If you use a domain name in connection with the Posh Commerce Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

SPAM and Unsolicited Email:

Posh Commerce takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Posh Commerce may not use or permit others to use our service for sending SPAM Emails. Clients of Posh Commerce may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.

If a customer is found to be in violation of our SPAM policy, Posh Commerce may, at its sole discretion, restrict, suspend or terminate a customer’s account. In addition, Posh Commerce may impose a RM 100 penalty for each spam policy violation. Posh Commerce solely reserves the right to refuse or cancel service to known spammers. Lastly, Posh Commerce reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

“Catch All” Email Accounts:

Posh Commerce does not allow the use of “catch all” email accounts. This is the practise of anything@yourdomain.comdirecting all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.

SpamExperts Spam Filtering Limits:

Some domain names may receive such a high volume of spam email that it will not be possible for us to provide SpamExperts filtering service to them, due to the extreme usage. While SpamExperts is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what Posh Commerce believes to be realistic limit thresholds for your hosting package then we will inform you that SpamExperts services will not be continued for your domain or an upgrade of package may be suggested. SpamAssassin will be supplied in replacement to SpamExperts.

Scripting, Applications and Background-running Programs:

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.

You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Posh Commerce reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

– Chat servers/scripts of any kind are strictly prohibited.
– Formmail scripts using the filename “formmail” are prohibited.

Formmail and contact forms are acceptable providing the script is not named “formmail” for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.

We do allow you to have ONE remote MySQL user if requested. The user must have a fixed, non changing, IP address for us to grant access to. You can request a remote MySQL user via our helpdesk.

Network Security:

Customers may not use the Posh Commerce Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Posh Commerce will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Physical Security:

For security reasons Posh Commerce uses ‘closed’ datacentre facilities. Physical access to any servers or related equipment at any locations is not permitted. Only fully authorised staff are permitted access to work onsite at these facilities.

Support Boundaries:

Posh Commerce provides technical support during office hours to its Clients. We monitor service and emails outside office hours, but may not be immediately reachable.

Posh Commerce limits technical support to its area of expertise, this is providing web hosting services and related features. Posh Commerce does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. Posh Commerce does not provide technical support for YOUR Clients.

Any additional work you may require from Posh Commerce staff which does not fall within usual support boundaries is charged at a rate of RM 200 per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

Cancellations:

Requests for cancellation must be submitted via email. Your cancellation will be confirmed by Posh Commerce.

Cancellation must be received 7 days or more before your next invoice due date. Posh Commerce will then stop all recurring payments and you will NOT be billed again. If an invoice is overdue on your account then this must be settled prior to submitting your cancellation request.

Changing a domains DNS to another provider or transferring a domain away from Posh Commerce does not constitute a cancellation request. A cancellation request must be submitted via email and we will then confirm the cancellation date back to you.

Payment:

Establishment of this service is dependent upon receipt by Posh Commerce of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms).

Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired, or a cheque bouncing). Posh Commerce may, at its sole discretion, charge a fee of RM 50.00  to reinstate a suspended account.

When an invoice payment is not received on time, we will follow this up via email. We will allow a 30 day ‘grace period’ for payment following non-payment, starting on the day after the invoice due date. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of Posh Commerce.

It is very important you keep your email address on file with us current by notifying us of email address changes. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.

A service charge, equal to the charge incurred by Posh Commerce, may be charged to your account for each cheque or other form of payment that is returned to Posh Commerce unpaid.

Refunds and Disputes:

All payments to Posh Commerce are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Posh Commerce’s sole discretion is a valid charge under the provisions of this TOS, you agree to pay Posh Commerce an Administrative Fee of not less than RM 50 and not more than RM 100.

If you are paying annually for hosting services and cancel early before your 12 months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation.
Posh Commerce does not offer any kind of “money back guarantee” or “trial period”.

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

GST and Payment Currency:

Malaysian clients will be billed in MYR (Malaysian Ringgit) and prices exclude GST. Clients in the rest of the world will be billed in USD with GST not applicable to our MYR pricing.

Product Pricing:

Posh Commerce reserves the right to change the pricing of products and/or services at any time.

Invoicing:

Posh Commerce does not provide paper or hard-copy invoices. PDF invoices are sent via email.

Domain Transfers:

Any domain name registered by Posh Commerce (as your registrar) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old – Newly registered domains do have a 90 day waiting period where they cannot be transferred from Posh Commerce to a different registrar.

The same 90 day ‘no transfer’ window applies when an expired domain is renewed or restored after being in the registry redemption period. Once 90 days have passed from renewing such domains they are then free to be transferred again.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Posh Commerce server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Refusal of Service:

Posh Commerce reserves the right at its sole discretion to refuse or cancel service. Violation of any of Posh Commerce’s TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Information Disclosure Policy:

Posh Commerce will not otherwise disclose its customers’ personal and account information unless Posh Commerce has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Posh Commerce, Posh Commerce’ customers, or others, or where Posh Commerce has a good faith belief that the law requires such disclosure.

Posh Commerce also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that Posh Commerce stores or transmits for its customers. The circumstances under which Posh Commerce will disclose such electronic customer communications or data are when:

– it is necessary in order to provide service to the customer
– it is necessary to protect the legitimate interests of Posh Commerce and its customers
– it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that Posh Commerce determines in its sole discretion to be valid and enforceable
– it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime

Privacy Policy

It is the policy of Posh Commerce to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document.

Posh Commerce will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats.

Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity.

We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.

As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Posh Commerce (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Posh Commerce, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Posh Commerce against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Posh Commerce server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Posh Commerce to the amount paid for service.

Disclaimer:

Posh Commerce will not be responsible for any damages your business may suffer. Posh Commerce makes no warranties of any kind, expressed or implied for services we provide. Posh Commerce 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 Posh Commerce and its employees. Posh Commerce makes no “uptime” guarantees. The Client agrees that Posh Commerce shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Posh Commerce’s liability for its own negligence is zero, and Posh Commerce may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Posh Commerce be liable for any special or consequential damages, loss of revenue or injury.

Posh Commerce can accept no responsibility for any loss of data or consequences arising from this. Posh Commerce always advises clients to back up their site data regularly for their own protection. Posh Commerce does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.
Posh Commerce furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this Posh Commerce TOS. A reseller’s client’s failure to comply with those laws and our TOS will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Posh Commerce then Posh Commerce will not be responsible for maintaining hosting for the resellers customers. Posh Commerce has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.

All communications (emails, verbal or written) are between Posh Commerce and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer and Posh Commerce. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Posh Commerce will only be able to communicate with regards to the account with the registered customer and not a third-party.

Finally, Posh Commerce wishes to emphasise that in accepting services, customers indemnify Posh Commerce for the violation of any law or Posh Commerce policy that results in loss to Posh Commerce or the bringing of any claim against Posh Commerce. This means that if Posh Commerce is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Posh Commerce, plus costs and reasonable legal fees.

Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.

Privacy & Cookies

We are committed to our vistors’ privacy. We will only any information provided by you in accordance with the Data Protection Act 1998 and respect your privacy completely. If you have any requests concerning the use of your personal information, please contact us.

We collect the information you supply us through form submissions/enquiries.

We process personal information collected via our company for the purposes of:

Providing you with information about products and services we offer

Cookies

Like many web sites, we use Google Analytics to improve how our web site functions for our customers. This also involves the use of cookies but does not use any personally identifiable information.

We also use Hotjar to track users on our website. This gives us insight into how visitors behave so that we can make improvements to our website. You can find out more about Hotjar here.

Finally, we use Optimizely to conduct A/B Testing on our website. This allows us to test various different elements of our site, so that we can continue to make improvements to our website. You can find out more about Optimizely here.

Please see below for a list of cookies used on our website. Whilst we’ll endeavour to keep this list updated, we use a few third party services and the list may become outdated if they change their cookies without notifying us.

There are two types of cookies used on our website:

First party cookies: these are our own cookies, controlled by us and used to run the shopping cart system & provide information about usage of our site.

Third party cookies: these are cookies found in other companies’ internet tools which we are using to enhance our site, for example Google, Facebook and Twitter have their own cookies, which are controlled by them.

First Party Cookies

NamePurpose
PHPSESSIDUsed by the site to identify a specific user session. Expires at the end of the session.
csrf_cookie_nameUsed to help protect our site against spam form submissions.
st_sessionUsed to store additional information about a user session.

Third Party Cookies

NamePurpose
Cookies with names prefixed by __utmStores information used by Google Analytics to track user activity on the site.
pid, k, guest_id, _twitter_sess, original_referer, external_referer, jsTwitter cookies which allow sharing of a page on Twitter.
datr, lu, s, locale, c_user, xsFacebook cookies which allow sharing of a page on Facebook
NID, PREFGoogle+ cookies which allow sharing of a page on Google+
HotjarCookies set by Hotjar to track how visitors use our site. Read more.
optimizelyCookies set by Optimizely to run tests on poshcommere.com. Read more

If you have any questions about our privacy policy then please contact us.