The digitalKOWLOON Service Agreement is a separate agreement between digitalKOWLOON and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using digitalKOWLOON’s services. Contact our sales department for any clarifications.

The digitalKOWLOON Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using digitalKOWLOON’s services. Contact our sales department for any clarifications.

The digitalKOWLOON Domain Registration Agreement is applicable to all domains registered by or transferred to digitalKOWLOON by a client. By registering or transferring a domain, the client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

All services provided by digitalKOWLOON may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to copyrighted material, a material we judge to be threatening or obscene, or material protected by trade secret and another statute. The subscriber agrees to indemnify and hold harmless digitalKOWLOON from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any digitalKOWLOON server. This includes sites that may infer sexual content or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to digitalKOWLOON servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.
Examples of non-acceptable content

• a. Pirated software
• b. Bulk Email related products
• c. Pornography
• d. Hacking/cracking related websites
• e. Warez and/or copyrighted MP3s
• f. Material illegal under Hong Kong Basic Law
• g. Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to Anarchists Cookbook, bomb-making, weapon information, or anything else that may be considered detrimental or illegal.)

digitalKOWLOON will respond to all reports of infringement that are formatted in accordance with the Copyright Ordinance and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the Copyright Ordinance when handling infringement reports.

If digitalKOWLOON’s system administration team determines that an account is utilizing an unacceptable amount of system resources, digitalKOWLOON may temporarily deactivate the account in question. If digitalKOWLOON’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven(7) days in which to either upgrade to web hosting solution as recommended by digitalKOWLOON staff or locate a new provider. This only occurs in extreme cases; digitalKOWLOON will do all it can to assist customers prior to this scenario.
digitalKOWLOON will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

digitalKOWLOON performs nightly backups of Shared Hosting and WordPress hosting accounts; however, these backups are for digitalKOWLOON’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. digitalKOWLOON does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on digitalKOWLOON’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. digitalKOWLOON reserves the right to remove backups from your hosting account with or without notice.
We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data. cPanel generated backups stored on the server will be automatically deleted after fourteen (14) days.
While our Backups system supports almost any characters for filenames (UTF-8), there are special characters/symbols that are generally best avoided as there are specific limitations across various files, systems and storage destinations that can cause unintended issues with your backups. This list is not exhaustive and is meant to help determine and avoid errors regarding filenames and your backups.
While our Backups system generally performs backups for any files or folders, there are exceptions of files and folders that are excluded as there are specific limitations across various files, systems and storage destinations that can cause unintended issues with your backups. This list is not exhaustive and is meant to help avoid errors regarding your backups.

SPAMing, or the sending of unsolicited email, from a digitalKOWLOON server or using a return email address that is maintained on a digitalKOWLOON server, is STRICTLY prohibited. Using SPAM to advertise a site hosted on digitalKOWLOON’s network also constitutes as a violation of this provision. digitalKOWLOON will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.
For anyone intentionally spamming on our systems, we reserve the right to bill them at a rate of $HKD500/hour for any cleanup, research, and related work from their illegal activities.
Please email our technical department immediately to report a violation of our SPAM policies.

At digitalKOWLOON, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.
digitalKOWLOON will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. digitalKOWLOON will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellations are processed by our Billing department. To cancel an account, a cancellation request via the client area must be submitted. Once we receive your cancellation request, our Billing department will confirm your request and process your cancellation shortly thereafter.
We require all cancellations to be requested through the cancellation form inside your client area in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

We will provide you with at least ten (10) days’ notice of your renewal pricing before the payment due date for monthly, annual, or longer-term plans. Unless otherwise provided, digitalKOWLOON will automatically bill your payment method on file as it follows:

• seven (7) days before the payment due date;
• on the payment due date;
• seven (7) days after the payment due date.

digitalKOWLOON reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change on any annual or longer-term plans. It is your sole responsibility to periodically review pricing on our website and billing information provided by digitalKOWLOON through the client area or through other methods of communication, including notices sent or posted by digitalKOWLOON.

Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, digitalKOWLOON reserves the right to suspend your Services. digitalKOWLOON reserves the right to terminate Services fifteen (15) days after the payment due date (Web Hosting, WordPress Hosting)
digitalKOWLOON is not responsible for any damages or losses (including any data) as a result of suspension or termination for non-payment of your account. In addition, digitalKOWLOON reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full.

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within digitalKOWLOON’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
digitalKOWLOON reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable, or contraindicated.

Any questions regarding this agreement should be sent to digitalKOWLOON’s sales department (sales@kowloon.hk) prior to signing up for service.

THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and digitalKOWLOON. WHEREAS, digitalKOWLOON owns, distributes and provides various products and services for conducting business on the Internet including web hosting, wordpress hosting, cPanel licensing, and the digitalKOWLOON family of services (hereinafter collectively referred to as the “Services”). WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client’s business and/or presence on the Internet. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

digitalKOWLOON agrees to provide to Client the Services agreed upon between digitalKOWLOON and Client as selected by Client in digitalKOWLOON’s customer database that is specified at https://kowloon.hk.

At digitalKOWLOON, we always treat our customers with the most respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.
Support Abuse
2.1 Assignment.
The client may not assign this Agreement or any of Client’s rights or obligations hereunder without the prior written consent of digitalKOWLOON, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties’ respective successors and permitted assigns.
2.2 Notices.
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by Hongkong Postal Service, return receipt requested; (4) on the delivery date if transmitted by confirmed email.
If to digitalKOWLOON: accounts@kowloon.hk
If to Client: To Client address provided at account set-up.
2.3 Governing Law.
This Agreement and all future agreements Client may enter into with digitalKOWLOON, unless otherwise indicated on such other agreement, will be governed by the Hong Kong Basic Law, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with digitalKOWLOON in the Hong Kong or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong SAR, China. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
2.4 Modifications.
No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
2.5 Waiver.
A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
2.6 Severability.
In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
2.7 Force Majeure.
digitalKOWLOON and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
2.8 Independent Contractors.
The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
2.9 Terms of Services.
Client agrees to be bound by digitalKOWLOON’s TOS for all Services and products used by Client. The current TOS can be found on digitalKOWLOON’s website at https://kowloon.hk/legal.php . Should Client disagree with any updates to digitalKOWLOON’s TOS, it is Client’s responsibility to notify digitalKOWLOON of Client’s desire to terminate their Services immediately.
2.10 Implied Agreement.
CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND DIGITALKOWLOON’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT AND THE TOS. CLIENT’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 8 HEREIN.
2.11 Entire Agreement.
This Agreement and the exhibits referenced herein set forth the entire agreement and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or another document, unless the party to be bound thereby specifically agrees to such provision in writing.
2.12 No Party Deemed Drafter.
In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.

3.1 In consideration of the performance of the Services, Client shall pay digitalKOWLOON in advance the amount set forth in digitalKOWLOON’s customer database as such records are amended from time to time for the Services during the term of this Agreement.
3.2 Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies digitalKOWLOON by sending an e-mail with account information to sales@kowloon.hk .
3.3 Current rates for using the Services may be obtained on our web site at https://kowloon.hk. digitalKOWLOON reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, digitalKOWLOON may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If digitalKOWLOON does not receive the full amount of Client’s Service account balance, digitalKOWLOON may suspend and/or terminate Client’s account immediately without further notice to Client.
3.4 All hosting services renew automatically. The client may opt out of automatic renewals by contacting our Accounts department at accounts@kowloon.hk.

4.1 Means of Performance.
digitalKOWLOON shall provide Client with the digitalKOWLOON hosting services, as described at https://kowloon.hk hereto. digitalKOWLOON has the right to control and direct the means, manner, and method by which the host services are performed. Currently, the server locations for Web Hosting and WordPress Hosting are Singapore. digitalKOWLOON retains the right to alter the default location for accounts at its discretion as needed.
4.2 Support.
digitalKOWLOON shall provide a reasonable level of technical support to Client via email or ticket system for the term of this Agreement.
4.3 Uptime Guarantee.
“Uptime” refers to the amount of time the Services are available, as measured solely and only by digitalKOWLOON’s internal monitoring systems. We will not accept third-party uptime monitoring systems as evidence that you are entitled to a compensation. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by digitalKOWLOON’s internal monitoring systems. digitalKOWLOON guarantees networking and services connectivity uptime of 99.99% on an annual base. If we fall below the guaranteed uptime, we will compensate you as follows:

• a. 99.99% – 99.00% uptime: 1 month free hosting
• b. An additional month of free hosting for every 1% of uptime lost below 99.00%

• 1. emergency maintenance
• 2. scheduled maintenance
• 3. system or hardware upgrades
• 4. domain name system (DNS) problems outside of digitalKOWLOON’s control
• 5. issues with FTP, POP, IMAP, or SMTP customer access
• 6. Acts or omissions by You or any of Your employees or agents, resulting in downtime
• 7. Any negligence, willful misconduct, or use of the services in breach of digitalKOWLOON’s Acceptable Use Policy
• 8. Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the digitalKOWLOON servers
• 9. Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events
• 10. Downtime caused when you reach out the maximum resources allocation for your plan.

5.1 Client.
Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client’s obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other digitalKOWLOON Clients’ use of Services. Client assumes all risks related to the processing of transactions related to electronic commerce. Client agrees to provide digitalKOWLOON with the accurate, complete and updated information required by the registration of the digitalKOWLOON host service (Client Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify digitalKOWLOON within thirty (30) days of any changes in Client’s Registration Data.
5.2 Breach of Warranties.
In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, digitalKOWLOON will have the right, in its sole discretion, to suspend or terminate immediately any Services.
5.3 Fees and Expenses.
Client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.
5.4 Third-Party Software.
Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, the Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes digitalKOWLOON to delegate the authorizations Client provides to digitalKOWLOON to its third party service provider(s) as digitalKOWLOON deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. The client also agrees that all reference to “digitalKOWLOON” within this Agreement and any incorporated terms are also deemed to include, where applicable, digitalKOWLOON’s agents, such as the third party service providers.
5.5 Advertising, Solicitation, and Client Name Harvesting.
The client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the digitalKOWLOON clients or other Internet users unless the Client receives the express permission of such individuals. The client may not use the means of unsolicited advertising to advertise a site hosted on the digitalKOWLOON network. The client may not use the Services to collect or “harvest” user-names of digitalKOWLOON clients or other Internet users without the expressed prior permission of the member. digitalKOWLOON reserves the right to block or filter mass email solicitations sent from sites hosted on the digitalKOWLOON network.
5.6 Management of Site.
Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, digitalKOWLOON’s then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by digitalKOWLOON. Client warrants that its site hosted on the digitalKOWLOON network (i) will conform to the digitalKOWLOON TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. digitalKOWLOON shall have no obligations with respect to the content available on or through any site hosted on the digitalKOWLOON network, including, but not limited to, any duty to review or monitor any such content. digitalKOWLOON reserves the right to block any site that violates any of the above-stated terms, or which in digitalKOWLOON’s sole discretion, digitalKOWLOON deems objectionable or offensive, or otherwise violates a law or digitalKOWLOON policy, or, in the alternative, to terminate this Agreement in accordance with Section 2.3 herein.
5.7 Compliance Laws.
Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, as updated by digitalKOWLOON from time to time. The TOS are incorporated herein and made a part hereof by this reference. digitalKOWLOON may change the TOS, with notice, which notice may be provided by posting such new TOS at the digitalKOWLOON Site. Client may request a current copy of the TOS by sending or faxing a request to digitalKOWLOON. Client agrees that it has received, read and understands the current version of the TOS.
5.8 Proprietary Rights.
Unless otherwise specified, all work performed hereunder by digitalKOWLOON, is the property of digitalKOWLOON, and all title and interest therein shall vest in digitalKOWLOON. To the extent that title to any such works may not, by operation of law, vest in digitalKOWLOON all rights, title, and interest therein are hereby irrevocably assigned to DigitalKOWLOON. All such materials shall belong exclusively to digitalKOWLOON, and digitalKOWLOON shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give digitalKOWLOON and any person designated by digitalKOWLOON such reasonable assistance, at digitalKOWLOON’s expense, as is required to perfect the rights defined in this paragraph.

6.1 Limitation.
In the event that any limited guarantees are provided by digitalKOWLOON, such limited guarantees are null and void if Client fails to follow digitalKOWLOON’s TOS and other policies or otherwise breaches this Agreement in any respect.
6.2 Backups.
digitalKOWLOON performs nightly backups of Web Hosting and WordPress Hosting servers; however, these backups are for digitalKOWLOON’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. digitalKOWLOON does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on digitalKOWLOON’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
6.3 No Other Warranty.
digitalKOWLOON does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained therefrom is at Client’s own risk. The Services are provided on an “as is” basis, and Client’s use of the Services is at its own risk. Except as provided in the order form(s), digitalKOWLOON does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. digitalKOWLOON does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
6.4 Disclaimer of Actions Caused by and/or Under the Control of Third Parties.
digitalKOWLOON does not and cannot control the flow of information to or from digitalKOWLOON’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client’s connections to the Internet (or portions thereof). digitalKOWLOON cannot guarantee that such events will not occur. Accordingly, digitalKOWLOON disclaims any and all liability resulting from or related to such events.

Client agrees to indemnify, defend and hold digitalKOWLOON and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of Client’s violation of this Agreement, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will digitalKOWLOON or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will digitalKOWLOON or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by digitalKOWLOON. digitalKOWLOON and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if digitalKOWLOON or its third party service providers has been advised of the possibility of such damages, resulting from (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold digitalKOWLOON responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of digitalKOWLOON and its third party service providers, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of digitalKOWLOON and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed HK$1000.00 , regardless of the form of action and whether in contract, statute, tort or otherwise.

8.1 Without Cause.
This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior email notice of termination. No matter which party terminates the Agreement pursuant to this Section 8.1, any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
8.2 For Cause.
In addition to any other rights it may have under this Agreement or applicable law, digitalKOWLOON may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client’s breach or failure to comply with the TOS or other policies of digitalKOWLOON. The client may terminate this Agreement if digitalKOWLOON breaches any material term or written notice of same. If this Agreement is terminated by digitalKOWLOON under this Section 8.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, digitalKOWLOON reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which digitalKOWLOON believes in its sole discretion to be illegal or potentially harmful to others or may expose digitalKOWLOON to harm or liability.
8.3 No Liability for Termination.
Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.
8.4 Survival.
The following provisions will survive any expiration or termination of the Agreement: Section 3,4, 5, 6, 7, and 8.
8.5 IP Address.
Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by digitalKOWLOON or its network services supplier (but not the URL or top level domain connected therewith). digitalKOWLOON reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.

Any questions regarding this agreement should be sent to sales@kowloon.hk digitalKOWLOON’s sales department before signing up for service.

Under no circumstance is pornography permitted. Nudity, adult-oriented e-commerce stores, and similar are allowed if the content is legal in the Hong Kong SAR, China. digitalKowloon.com will be the sole arbiter as to what constitutes a violation of this provision.

digitalKowloon’s servers are not allowed to be used as a backup/storage system.

All interactive chat web applications are strictly prohibited on digitalKowloon’s servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides ‘real-time’ chat is not permitted. Shoutboxes, chatboxes, live chat/live help (such as but not limited to LiveZilla) and other web-based chat programs are prohibited.

All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster, you should evaluate your web-based applications and scripts on a regular basis to ensure they’re secure and up to date.
Forums and any applications using a commenting system should have some form of spam protection or moderation. CAPTCHA is a popular way to eliminate spam robots from spamming your website.

Search Engine Optimization (SEO) farms or similar are strictly forbidden on digitalKowloon’s servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
Banner rotation services and link exchange networks are not permitted.
Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
Off-site media storage is not permitted.
Operating a public mirror site is not permitted.
Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
Prime bank or bank debenture-related sites, bitcoin sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
Bit torrent applications, trackers, and clients, as well as any file-sharing/peer-to-peer activities, are forbidden.
The operation of gaming servers are forbidden.
Web spiders and indexers are not permitted.
The abovementioned services/web content create undue system load on our servers. All violations will be shut down immediately and may result in account suspension and/or termination.
If you have a question on whether or not your content is in violation, please email our Sale Department for clarification.

By using the CloudLinux system, the hosting accounts are limited to a certain level of resources. Detailed technical information on CloudLinux limits can be found on the Cloudlinux Documentation website.

It is also important to note that many of these limits can be seen as “hard” limits. If your account start to affect the overall performance of a server, we do need to have limits and policies in place.
Customers using the hosting service are provided with detailed up-to-date statistics for their CPU and Memory usage under the service control panel (cPanel). The customer is responsible for maintaining their account and any installed software in a proper manner to assure all installed software operates in their optimal state and account resources are released and available to other users as soon as possible to assure optimal performance of the hosting environment for all customers sharing the resource.
If an account is found to be in violation of these Resource Usage Policies, we will do our best to work with clients to give 48 hours, 5 days, or 10 days notice depending on the severity of the violation. A customer who exceeds the level of consumption 100 times (100 Faults) within 24 hours are going to be announced by the tech department with the purpose of website optimization or shifting to a plan compatible with the level of consumption.
We reserve the right as outlined in the Terms of Service to limit the account's resource usage limits if it is causing a severe problem.

Database queries should not exceed 3,000 per hour.
Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by digitalKowloon.
Remote database access is for administrative purposes only.

A single log file should not exceed 1 GB in size. The total size of all similar log files should not exceed 5 GB in size.
A directory can not contain more than 2,500 immediate child files. This includes subdirectories themselves but does not include files contained within those directories.

Simultaneous Apache connections may not exceed 50 from one individual source at any given time.
Web processes should not fork or spawn subprocesses.

Unsolicited Bulk/Commercial Email / SPAM
The use of digitalKowloon servers and networks to transmit unsolicited bulk/commercial email (also known as spam) is strictly forbidden. Under no circumstance is the transmission of spam acceptable or tolerated.
The transmission of spam from our servers and networks can cause irreparable monetary and reputation damage. All damages caused by spamming will be prosecuted to the fullest extent of the law.
Any client caught explicitly spamming from our servers or networks will have their account immediately terminated and without notice.
Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.

A cron job should not execute more frequently than once every 15 minutes.

Our servers should not be used as an SSH bounce point to other servers/networks.
You may not use the Unix “find” command recursively on directories more than 5 levels deep.

Dedicated IP Addresses require valid justification.
digitalKowloon has the right to decline any dedicated IP requests without any explanation.

Failure to fully comply with these terms is grounds for account suspension and/or termination. We reserve the right to remove any account without prior notice.

The examples listed herein are a guide and may not be an exhaustive list. If you have a question on whether or not your content is in violation, please create a ticket with our Support Department for clarification.

This Privacy Policy ("Policy") outlines the practices of digitalKowloon ("we," "us," or "our"), regarding the collection, use, and disclosure of personal information provided by customers located in Hong Kong, in accordance with the Hong Kong Basic Law and the Privacy Ordinance (Cap. 486) ("Ordinance"). We are committed to protecting the privacy and confidentiality of personal information and ensuring compliance with applicable privacy laws.

1.1. We may collect personal information directly from our customers or through automated means when they interact with our website, products, or services. The types of personal information we collect may include but are not limited to:

• Name, address, and contact details (e.g., email address, phone number)
• Account information (e.g., username, password)
• Billing information (e.g., credit card details, payment history)
• Technical information (e.g., IP address, browser type, operating system)
• Usage data (e.g., website activity, traffic patterns)

1.2. We may also collect personal information from third parties with whom we have a business relationship, such as domain registrars, for the purpose of providing our services.

2.1. We use personal information for the following purposes:

• Providing and maintaining web hosting services
• Verifying customer identity
• Processing payments and invoicing
• Responding to customer inquiries and support requests
• Monitoring and improving our website, products, and services
• Detecting and preventing fraud and security breaches
• Complying with legal obligations

2.2. We may use personal information for direct marketing purposes, such as sending promotional offers and newsletters, only if we have obtained the customer's explicit consent. Customers can opt-out of receiving such communications at any time.

3.1. We may disclose personal information to third parties in the following circumstances:

• Service providers: We may engage trusted third-party service providers to perform certain functions on our behalf, such as payment processing, data storage, or customer support. These service providers will have access to personal information only to the extent necessary to perform their services and are obligated to maintain the confidentiality and security of the information.
• Legal obligations: We may disclose personal information when required by law, court order, or government authority, or as necessary to protect our rights, property, or safety.
• Business transactions: In the event of a merger, acquisition, or sale of all or a portion of our assets, personal information may be transferred to the acquiring entity or merged with the assets of the acquiring entity.

4.1. We implement reasonable technical and organizational measures to protect personal information from unauthorized access, use, disclosure, alteration, or destruction. However, no data transmission over the Internet or storage system can be guaranteed to be 100% secure. Therefore, while we strive to protect personal information, we cannot guarantee its absolute security.

5.1. We retain personal information for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. The retention period may vary depending on the nature of the information and the applicable legal requirements.

6.1. Customers located in Hong Kong have the following rights regarding their personal information:

• Right of access: Customers have the right to request access to their personal information held by us.
• Right of correction: Customers have the right to request thecorrection or updating of their inaccurate or incomplete personal information.
• Right of deletion: Customers have the right to request the deletion of their personal information, subject to legal obligations and legitimate business purposes.
• Right to opt-out: Customers have the right to opt-out of receiving direct marketing communications from us.

7.1. If customers have any questions, concerns, or requests regarding their personal information or this Privacy Policy, they may contact us at: sale@kowloon.hk

8.1. We may update this Privacy Policy from time to time to reflect changes in our privacy practices or legal requirements. We encourage customers to review this Policy periodically for any updates. The updated Policy will be effective as of the date stated at the beginning of the Policy.

This Privacy Policy is governed by the laws of Hong Kong and should be interpreted in accordance with the Hong Kong Basic Law and the Privacy Ordinance (Cap. 486).

a) "Domain Name" refers to the unique alphanumeric name registered by the Registrant, which forms part of a URL and allows users to access a specific website.

b) "Registrar" refers to the IT Hosting Company responsible for registering and managing domain names on behalf of the Registrant.

c) "Registrant" refers to the individual or entity that registers a domain name through the Registrar.

d) "ICANN" refers to the Internet Corporation for Assigned Names and Numbers, a non-profit organization responsible for managing and coordinating the Domain Name System (DNS) and the allocation of domain names.

e) "HKIRC" refers to the Hong Kong Internet Registration Corporation Limited, the registry responsible for managing and administering Hong Kong domain names.

a) The Registrar agrees to submit the Registrant's domain registration request to the respective domain name registries, including ICANN and HKIRC, on behalf of the Registrant.

b) The Registrar does not guarantee the availability or successful registration of any requested domain name, as the registration process is subject to the rules and regulations of ICANN and HKIRC.

c) The Registrant acknowledges that the registration of a domain name does not confer any legal rights or ownership in perpetuity, as domain names are registered on a renewable basis for a specified period.

a) The Registrant agrees to provide accurate and complete information during the domain registration process, including but not limited to the Registrant's full name or the full name of the entity, postal address, telephone number, and email address.

b) The Registrant acknowledges and agrees that the provided contact information may be made publicly available through the WHOIS database, as required by ICANN and HKIRC.

c) The Registrant is responsible for maintaining the accuracy of the provided contact information and promptly updating the Registrar in case of any changes.

d) The Registrant agrees to comply with the rules and regulations of ICANN and HKIRC, including but not limited to the ICANN Registrar Accreditation Agreement (RAA) and the HKIRC Domain Name Registration Policies and Procedures.

e) The Registrant acknowledges that any violation of ICANN or HKIRC rules and regulations may result in the suspension or termination of the domain name registration without refund or compensation.

a) The Registrar agrees to facilitate the domain name registration process and provide reasonable technical support to the Registrant.

b) The Registrar agrees to maintain the confidentiality of the Registrant's provided information, in accordance with applicable privacy laws and regulations.

c) The Registrar agrees to comply with the rules and regulations of ICANN and HKIRC and promptly inform the Registrant of any changes that may affect the domain name registration.

d) The Registrar shall make reasonable efforts to ensure the security and integrity of the Registrant's domain name registration data.

a) The Registrar shall not be liable for any direct, indirect, incidental, or consequential damages arising from the registration or use of the domain name, including but not limited to loss of profits, loss of business, or damages resulting from the unavailability or inaccessibility of the registered domain name.

b) The Registrar's liability shall be limited to the fees paid by the Registrant for the domain name registration.

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong SAR, China. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR, China.

This Agreement constitutes the entire understanding between the Registrar and the Registrant concerning the registration of the domain name and supersedes any prior agreements or understandings, whether written or oral.