Terms of Use

Last modified on 14 June 2011.

Octopus Ink Private Limited ("OCTOPUS") makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by OCTOPUS (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. OCTOPUS reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorisation to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

User Agreement 

OCTOPUS provides Domain Name Registration & Web Site Hosting Services. All services provided by OCTOPUS may be used for lawful purposes only. OCTOPUS reserves the right to refuse service and/or access to its servers to anyone. OCTOPUS reserves the right to suspend or cancel any client's access to any portion or all of OCTOPUS services, when OCTOPUS deems that the account has been used inappropriately. We reserve the rights to refuse any order with a full refund.

Domain Name Registration

Domain Name registration is on a First-come-first-serve basis. OCTOPUS will not be responsible for the availability of the Domain Name in the 1-5 days that it can take to register a Domain Name. In between you register a domain name through OCTOPUS & by the time payment is received from you, it might happen that during this period the domain name is booked by some other individual or organization. In such a case OCTOPUS would not be responsible. The payment to this effect would be refunded in case the client does not want to book another domain name.

Web Hosting

Unless the client's Web site is designed and programmed by OCTOPUS, the client is responsible for programming and for uploading the Web site to our Web servers. OCTOPUS does not provide free Web site development, consulting, programming, or debugging services. The client is responsible for keeping a complete and current copy of Web site files as backup on a remote system (not on OCTOPUS servers). OCTOPUS is not responsible for any lost files, information or data. OCTOPUS's backup tapes are for backing up our system configurations and databases and are NOT for keeping backups of client Web sites. Should any data need to be recovered from OCTOPUS's backup tapes, there will be a restoration charge, on an as-available basis. OCTOPUS does not guarantee to possess the copy of a client's Web site.

SUPPORT

Technical support is provided via email and phone only. Any other direct support will be for an extra charge. The first contact with OCTOPUS is through email. The client agrees not to Spam our support staff and to follow standard Internet etiquette.

SYSTEM UPDATES

The client understands that system updates occur in real time and as queued batch processes. For example, account Passwords are currently updated as queued batch processes; therefore the update does not occur in the system instantaneously. OCTOPUS reserves the right to modify the processing times at any time without notice. If a client or OCTOPUS support personnel (when authorised by client) makes any modifications to a hosting account, the client is responsible for ensuring these updates have occurred in our system.

ILLEGAL ACTIVITIES

including but not limited to storing and/or distributing illegal copies of copyright software, hosting/maintaining inappropriate sites, violating trademarks and copyrights, violating Singapore & International laws, selling and/or distributing illegal contraband.

INTERNET ABUSE

including but not limited to: spamming - mass unsolicited emailing, posting obscene or inflammatory messages, nudity, threatening other Internet users, and spamming our support staff. Any adult content will be put off the web server as and when or system notices and the client's account will be terminated without any refunds.

SYSTEMS ABUSE

including but not limited to using excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients' accounts (hacking), installing continuously running programs, and reselling CGI scripts.

OCTOPUS does not censor our customers' websites, although our policy strictly prohibits adult sites. The determination of what is adult content & prohibited, shall be made solely by OCTOPUS. Should a policy violation occur, OCTOPUS reserves the right to terminate the account without notice and the client will be held responsible for any damages to OCTOPUS's business, system, servers, connectivity, reputation, service, network, operations or equipment resulting from its actions including, but not limited to, government actions, vandalism, retaliation and claims of libel, unfair competition, infringement of patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

SERVER ABUSE

Any attempt to undermine or cause harm to a server, or customer, of OCTOPUS is strictly prohibited.

Unauthorised use of other people's accounts or computers via OCTOPUS services is strictly prohibited. OCTOPUS will strongly react to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorised use of accounts or computers by a OCTOPUS customer, whether or not the attacked account or computer belongs to OCTOPUS, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Unsolicited Email (Spam)

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offence your mail will be disabled for 72 hours. Upon your second Spam offence your entire domain will be disabled for 72 hours and you will be fined S$300.00 per sent Spam. Upon your third offence your account with OCTOPUS will be terminated, you will be fined S$500.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

Scripts

You are free to use any supported scripts as you wish, however we reserve the right to disable any script that effects normal server operation without prior warning.

Abuse of SMTP Mail Server

We only allow our clients to use our SMTP server without using any illegal techniques and any unauthorised use of our SMTP server such as spam mail is not allowed.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold OCTOPUS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OCTOPUS, 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 OCTOPUS against liabilities arising out of;

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with OCTOPUS's server;
  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 customer from OCTOPUS's server.

Payment Policy

All accounts are set up on a pre-pay basis. OCTOPUS accepts payments through Cheque, Cash and Paypal. All monetary transactions will occur in Singapore dollar currency only. All pricing is guaranteed for the term of pre-payment. OCTOPUS reserves the right to change prices at any time, unless other terms have been agreed upon.

OCTOPUS reserves the right to change its rates or pricing policy at any given point of time but the customers who have paid for their account will continue with the same pricing for their current billing cycle for with they have paid for.