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TERMS AND CONDITIONS OF DALogics.net WEB HOSTING
SERVICE
ARTICLE 1
TERMS OF SERVICES
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DALogics Web Hosting Services are only applicable
to registered subscriber or other parties
authorized by the registered subscriber as
written on the registration form, and
therefore Subscriber or CUSTOMER shall fully
responsible to the secrecy and services
application applicable under username and
password respectively.
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CUSTOMER shall have the right to enjoy the
advantages of the DALogics Web Hosting Services
in accordance to the respective services.
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CUSTOMER shall be fully responsible to
supply the structure and equipments required
to facilitate the DALogics Web Hosting Services.
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CUSTOMER shall be fully responsible for any
transmission, receiving and broadcasting of
information, data and files, using DALogics Web
Hosting Services.
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CUSTOMER shall be obliged to comply to all
procedures, regulations, policies, or law in
effect to network, newsgroup, website or
computer systems, accessed through DALogics Web
Hosting Services.
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Customer shall obliged to follow the rule to
do their activities based on File Transfer
Protocol Step (hereinafter referred to as
FTP Step). This FTP Step is become an
attachment and will be binding to this
Terms. DALogics will support in technical
assistance during office hour at 08.00-16.00
WIB. DALogics shall not responsible if Customer
doing activities out of FTP Step rule.
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Completion of contract/agreement or services
programmed between CUSTOMER and other third
parties, shall not automatically breach the
contract between CUSTOMER and DALogics.
ARTICLE 2
COST AND PAYMENT
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For DALogics Web Hosting Services, CUSTOMER shall
pay the following expenses:
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Registration and monthly fee in
accordance with the services applied by
CUSTOMER.
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Services Fee or billing charge, is
effective from the time the Customer’s
homepage can be browsed and DALogics had been
notified the Customer in writing through
their e-mail.
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Other expenses to be born for additional
services. These additional services
shall be initiated by prior written
request with photocopy of CUSTOMER’s
I.D.
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All Web Hosting Services fee shall be in
accordance with the applicable DALogics tariff,
and is not including Added Value Tax (PPN),
which shall be born to CUSTOMER.
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Tariff of DALogics Web Hosting Services are
subject to change at any time with prior
notice on DALogics website, at 14 calendar days
minimum.
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Payment of expenses of DALogics Web Hosting
Services shall be made as follows:
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Registration fee and the first monthly
payment shall be paid at the time of
registration for the services are
immediately commenced.
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Monthly payment, services fee, including
additional payment for Internet
additional services, shall be paid on
the 25th of every month at the latest.
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Each payment that already been made
shall be confirmed to DALogics by sending the
payment receipt to DALogics through facsimile
number 021- 2510955 or e-mail
to,websales@DALogics.net.id with a note or
remark.
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Payments on DALogics Web Hosting Services may be
made by bank transfer, addressed to PT.
CYBERINDO ADITAMA on Bank Central Asia at
Kuningan branch office through account
number A/C# 217.3002491 and or be paid in
cash at the DALogics offices. Taxes apply to
CUSTOMER, including (if any) for payment not
intended for Web Hosting Services.
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Since there are possibilities of changes
referring to forms of payments other than
Internet expenses due to changes in
government regulations, a specific terms had
been issued and published at DALogics website.
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CUSTOMER is entitled to terminate
subscription to DALogics Web Hosting Services
upon completion of all outstanding
obligations. Subscription termination should
be notified to DALogics in writing at least 7
(seven) calendar day’s prior to date of
termination, and fill out Web Hosting
Termination Form which is applicable at
DALogics
office.
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CUSTOMER is bound to pay all outstanding
balance, even in the event CUSTOMER has
declared service termination, or in the
event of prior service termination by
DALogics
due to breach of Subscription Regulation and
Web Hosting Services Application.
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Any objection to billing/invoices and
payment may be made in writing at least 7
(seven) calendar days from the stated due
date on DALogics’s statement of account. Absence
of any objection means flawless billing and
payment process.
ARTICLE 3
SERVICES, RIGHTS AND RESPONSIBILITIES OF
DALogics
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DALogics is responsible to provide Web Hosting
Services to CUSTOMER. DALogics shall assist
Customer to register Domain Name selected by
Customer based on the Terms of authorized
Domain Name Institution subject to a certain
fee following the procedure and regulation
of said institution.
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DALogics is entitled to receiving payment for
each of applications for DALogics Web Hosting
Services, based on tariffs and payment
procedures directed by DALogics.
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DALogics is responsible to restrict all of
information as registered by CUSTOMER,
except for the purpose of police
investigation by the Kepolisian Republik
Indonesia (Indonesian Police Force) or other
conditions regulated by Law in effect within
the Indonesian jurisdiction.
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DALogics is entitled to undergo scheduled
maintenance or other activities which is
deemed necessary to develop service quality
or for internal security reasons.
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CUSTOMER is entitled to FTP Step explanation
through on line support (via telephone) in
accordance with working days and working
hours of DALogics free of charge or to have in
house support (at DALogics office) upon prior
appointment.
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DALogics has the right to temporarily disconnect
a connection in the events of force majeuer,
considered harmful to both DALogics and/or
CUSTOMER.
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CUSTOMER has the right to request for any
changes in types of services or facilities.
Changes are subject to certain corresponding
fee and administration process.
ARTICLE 4
RISTRICTION AND SANCTION
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For the sake of security and convenience of
Internet activities, CUSTOMER is restricted
to do any part of activities that may harm
any certain parties, including but not
limited to:
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To do activities out of the rule outline
in the FTP Step
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To resell DALogics Web Hosting Service to any
other third party
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Disturbing or destroying any network or
computer system,
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Spamming, or transmitting e-mail
continuously, spamming regulation for
DALogics’s CUSTOMER can be seen at
DALogics
website,
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Hacking, or breaking through a network
or computer by mean of scraping a
fortune to act against the law (to
become cracker),
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Flooding, or transmitting of so many
e-mail resulting over quota and the
server cannot response whereas this
action will resulting possible loss of
many other important e-mail,
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Spoofing, or misusing e-mail address of
others, causing protest arises from
owner of said e-mail,
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Hoax, or transmitting e-mail containing
tricks, deceit, threatening, promising
impossible things,
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Falsifying e-mail header, or other
method by mean of falsifying the
CUSTOMER’S identification,
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Breach of intellectual rights,
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Acts in contrary to correct and dainty
norm, pornography, gambling, threats,
slender, SARA, breach of code of ethic
law and Internet, disturbing the
convenience of other user at the server,
breach of regulation, or law in effect
within the Republic of Indonesia by
using Web Hosting Services,
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Other criminal acts.
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CUSTOMERS are subject to respect all
regulation/law in effect on each web site,
usenet/newsgroup or network or any computer
system to be accessed using DALogics Web Hosting
Services. Should in future DALogics in receipt of
complain from Third party who could proof
that CUSTOMER had done thing that harm said
individual, DALogics has the right to produce the
I.D. of the CUSTOMER to the Kepolisian
Republik Indonesia (Indonesian Police Force)
in accordance to the Law in effect within
the country of Indonesia.
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DALogics has the right to freeze or terminate the
Web Hosting Services under the following
conditions: (a) CUSTOMER’s negligence in
paying expenses for the DALogics Web Hosting
Services as directed. (b) Violation of
CUSTOMER to restriction made for the Web
Hosting Services, freeze and termination due
to this reason shall be made after one time
notice from DALogics (c) CUSTOMER declares
service termination.
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Freeze and termination of DALogics Web Hosting
Services shall not waive CUSTOMER of any
outstanding balance.
ARTICLE 5
LIMITATION OF RESPONSIBILITY
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DALogics shall not responsible to all or partial
content of Customer’s homepage and DALogics shall
not responsible to any change caused by
Customer’s negligence to its
username/password security.
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DALogics shall not responsible to miscoding be
used by Customer.
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DALogics shall not responsible to Customer’s act
and activities out of those already outline
in the FTP Step.
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DALogics shall not be responsible for the quality
of Internet connection in terms of
telecommunication structures, computers and
all of required equipments necessary to use
the Web Hosting Services, or any
disturbances at the Internet backbone, and
any other events beyond the control of
DALogics.
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DALogics shall not be responsible for any
connection failures due to problems in
infrastructures connecting DALogics and CUSTOMER.
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DALogics shall not be responsible for any loss
and Web Hosting Services unavailability due
to events beyond DALogics control being an Web
Hosting Service Provider, including but not
limited to natural disasters, fire,
sabotage, war, chaos, change of political
situation as the result of changes in
regulation and law in effect within
jurisdiction of Republic of Indonesia.
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In any condition whatsoever DALogics shall not be
responsible for any loss or any other forms
of suffering experienced by CUSTOMER or any
other third parties, including but not
limited to: loss of chance or opportunities
to gain profit, loss of information due to
previously stated reasons on point 2, 3, and
4 when using DALogics Web Hosting Services or due
to execution of scheduled maintenance.
ARTICLE 6
R E F U N D
DALogics shall not responsible to refund to CUSTOMER
for an excess fund received by DALogics due to
mispayment made by CUSTOMER. The said excess
fund shall be compensated to the following
monthly statement of account or to be
transferred to another DALogics CUSTOMER. In case the
amount of said mispayment is considered
significant, solution could be made on mutual
understanding between the two parties.
ARTICLE 7
LAW AND DISPUTE
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Content, Terms and Condition of this
subscription are subject to Law and
Regulation in effect within the jurisdiction
of the Republic of Indonesia.
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CUSTOMER is bound to submit correct
information to DALogics, as mentioned on every
DALogics forms, and is responsible to whatever
result may arise for violating DALogics law and
regulations.
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This Terms and Conditions is issued in
Bahasa Indonesia and translated into
English. In case of misinterpretation, the
terms in Bahasa Indonesia will govern.
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Any dispute arises between the CUSTOMER and
DALogics shall be solved in negotiation between
the two parties without involving any other
third party having direct interest.
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In the event CUSTOMER and DALogics cannot solve
the dispute under negotiation scheme,
CUSTOMER and DALogics agreed to appoint Arbitrage
Institution based on regulation in effect in
Indonesia.
ARTICLE 8
OTHERS
DALogics acknowledge receiving the Terms with
CUSTOMER's sign and seal on duly stamp duty by
sending CUSTOMER the copy of the Term with
DALogics's
seal. That would mean that either DALogics or
CUSTOMER had read and had understood the Term,
as well as had agreed to be bonded to it.
ARTILCE 9
C H A N G E
DALogics has the right to partially or fully modify
the content of this terms of conditions from
time to time, therefore Customer shall have the
right express objection and unsubscribe the
service. |