1.
Intepretation
In this Agreement:
"OdysseyHost" means OdysseyHost Limited of Room 1903 Cameron Commercial Centre, 458-468 Hennessy Road, Causeway Bay, H.K.
"Customer" means any company or person named on the service application form and anyone reasonably appearing to OdysseyHost to be acting with that company's or person's authority or permission.
"Agreement" means, in order of precedence, this Service Agreement, and the service application form. " Services " means the domain name registration service, the web hosting service, the email hosting service, and any other related services offered by OdysseyHost.
"OdysseyHost Web Site" means a World Wide Web site located at the URL http://www.odysseyhost.com , or any other successor site owned or maintained by Odyssey Networks.
 
2.

Provision of Services
OdysseyHost will provide the Customer with the Services on the terms of this Agreement, starting typically within 24 business hours after the Customer completes the application process and makes payment, and will continue until terminated in accordance with this Agreement.
OdysseyHost reserves the rights to refuse the provision of Services to any Customer for any reason. Relevant service fees paid will be refunded to the Customer within two (2) weeks. For service fee paid online via credit card, 5% handling fee will be charged.
Although OdysseyHost will use its best efforts to offer high-quality Services to the Customer, however, fault-free, secure or uninterrupted Services are technically impracticable and not guaranteed. OdysseyHost will not be responsible for any kind of damages a service interruption may cause to the Customer, however will repair any reported fault or interruption as soon as it reasonably can.
OdysseyHost may ocassionally amend the technical specifications of the Services, install or upgrade all available softwares with newer version releases without prior notice. OdysseyHost may also suspend the Services for operational reasons such as system repair, scheduled maintenance, upgrade of Services or due to an emergency.
OdysseyHost will perform daily backups on all shared hosting servers. However, those backups are for emergency system restore only, OdysseyHost have no responsibility to restore any files or data that a Customer accidentally deleted or modified.

 
3.

Use of Services
On submitting the service application form for the Services, the Customer acknowledges his/her acceptance and agreement to OdysseyHost's Terms of Use, AUP (Acceptable Use Policy) and Privacy Policy .
The Customer is responsible for and must provide all appropriate computer hardware, software and telecommunication equipment and services necessary to access the Services. The Services does not provide or include access to the Internet. Customer's use of and access to the Internet is solely at the Customer's risk, OdysseyHost has no responsibility for any information, software, services or other materials accessed to or obtained by the Customer using the Internet.
The Services are provided solely for the Customer's own use. OdysseyHost will terminate immediately without compensation accounts which share, subdivide or resell web space to any third party. Each Customer account only hosts for a single domain name, Customer must open a separate account for hosting an extra domain.
Customer Content. Customer agrees that it will not distribute, electronically transmit or display any material in connection with Customer's use of the Services which:
(a) violates any laws or regulations, or in connection with a criminal offence;
(b) infringes on any intellectual property rights (including copyright, trademark, service mark, patent, privacy or any other proprietary rights) of OdysseyHost or any third party;
(c) is offensive, abusive, indecent, defamatory, obscene, menacing, slanderous, threatening, harassing or discriminatory;
(d) contains viruses or other computer programming defects which shall cause or is likely to cause damage, or detriment or harm to the computer systems owned by OdysseyHost or other Internet users;
(e) violates or is not in accordance with any OdysseyHost policy posted on OdysseyHost Site including, but not limited to the Acceptable Use Policy (AUP).

 
4.

Payment, Termination & Reinstatement
Customer agrees to pay for the Services fees on a yearly basis upon signing this Agreement. All payments shall be paid in Hong Kong Dollar (HKD) or United States Dollar (USD).
OdysseyHost shall bill the Customer on the Services sign-up date and the following sign-up anniversary dates either through
(a) debiting Customer's credit card with card information provided by the Customer;
(b) delivering an email invoice to the Customer in accordance with the applicable Services fees. When an invoice is delivered to Customer, Customer should make payment to OdysseyHost by no later than the specified payment due date. Receipt for payment will be emailed to Customer upon request.
Either party will have the right to terminate this Agreement upon notice to the other party. OdysseyHost reserves the right to refuse the provision of Services to any Customer and to terminate Services offering to existing Customer without prior notice and refunds if the Customer violates any clause of this Agreement. Customer can also terminate the Services by giving OdysseyHost a written notice of termination. Both parties agree that no monetary compensation will be incurred for terminated services regardless of the reason.
If Customer terminates account within the initial thirty (30) days of sign-up, all payment except domain name registration fee and domain transfer fee will be refunded to the Customer within thirty (30) days from the date of termination, where 5% handling fee will be charged for all online payments.
If the Customer's account should be suspended or terminated by OdysseyHost for overdue payment or any other reason, or if Customer terminates its account, Customer shall be allowed to re-instate its use of the Services within seven (7) business days of suspension or termination, where Customer's account will be reactivated within twenty-four (24) business hours. OdysseyHost will maintain an archival copy of Customer's web site for seven (7) business days after Services suspension or termination.

 
5.

Domain Names
Internet domain name registration or renewal will be accomplished through OdysseyHost immediately upon authorization and payment. The Customer agrees that any administration or other charge paid by the Customer in respect of the domain name registration or renewal is non-refundable in any circumstances, and acknowledges that OdysseyHost cannot guarantee that any domain name the Customer requests will be available or approved for use.
The Customer agrees to provide certain information such as the Customer name, email and mailing address to an ICANN accredited domain name registrar through OdysseyHost and agrees to the registrar making such information available on a public database of owners of domain names.
OdysseyHost accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organization regarding a domain name must be resolved between the parties concerned and OdysseyHost will take no part in any such dispute.
The Customer understands and agrees that the Uniform Domain Name Dispute Resolution Policy as approved and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) is hereby incorporated by reference in this Agreement and is legally binding on the Customer with respect to all registrations for .com, .net and .org top-level domains.

 
6.

Indemnification
The Customer hereby agrees to defend, indemnify and hold OdysseyHost harmless from and against any claim brought by a third party or by the Customer in respect of all expenses, losses, costs, actions, proceedings, claims, damages, or liabilities directly or indirectly resulting from Customer's breach or non-observance of this Agreement.
OdysseyHost does not guarantee that the data on a Customer's account is absolutely secured or may never be destroyed. The Customer agrees to withhold any legal actions against OdysseyHost if the event of data loss occurs. OdysseyHost is not responsbile for loss of Customer data, and Customer agrees that in no event shall OdysseyHost be liable for any data/ information/ content/ code/ design/ program loss.

 
7.

Limitation of Liability
In no event shall OdysseyHost be liable for any special, consequential, incidental, indirect, punitive or exemplary damages in connection with this Agreement or in connection with any Services provided, including but not limited to damages for direct or indirect loss of profits, loss of use and loss of data.

 
8.

Modification
OdysseyHost can change the terms and conditions of this Agreement at any time without prior notice to the Customer.

 
9.

Entire Agreement
This Agreement constitutes the entire agreement between the Customer and OdysseyHost with respect to the Services and supersedes all previous written or oral representations, communications, understandings and agreements between the parties.

 
10.

Governing Law
The validity, construction, interpretation and legal effect of this Agreement shall be governed by the law of Hong Kong Special Administration Region and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.

 
 
 
 
 
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