Our Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2020-02-11 14:56:47

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Duke Host Pte. Ltd., a Singapore based Private Limited company ("Duke Host") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we”, “us” or “our” shall refer to Duke Host Pte. Ltd. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Eligibility; Authority

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of Singapore or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Duke Host Pte. Ltd. finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Duke Host Pte. Ltd., shall not be liable for any loss or damage resulting from Duke Host Pte. Ltd.’s reliance on any instruction, notice document, or communication reasonably believed by Duke Host Pte. Ltd. to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice document, or communication, Duke Host Pte. Ltd. reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not authorized by you.

3. Accounts; Transfer of Data Abroad

Accounts - To access some of the features of this Site or use some of the Services, you will have to create an account. You represent and warrant to Duke Host Pte. Ltd. that all information you submit when you create your Account is accurate, current, and complete and that you will keep your Account Information accurate, and complete. If Duke Host Pte. Ltd. has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, Duke Host Pte. Ltd. reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s) (as defined below). For security purposes, Duke Host Pte. Ltd. recommends that you change your password at least once every three (3) months for each Account. You must notify Duke Host Pte. Ltd. immediately of any breach of security or unauthorized use of your Account. Duke Host Pte. Ltd. will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Duke Host Pte. Ltd. or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad - If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

4. Availability of Website/Services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto. From time to time, Duke Host Pte. Ltd. may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Trial Services”. If you elect to use any Trial Services, then your use of the Trial Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Trial Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Trial Services may expose you to unusual risks of operational failures; (iii) The Trial Services are provided AS-IS, so we do not recommend using them in production or mission-critical environments; (iv) Duke Host Pte. Ltd. reserves the right to modify, change, or discontinue any aspect of the Trial Services at any time; (v) Commercially released versions of the Trial Services may change substantially, and programs that use or run with the Trial Services may not work with the commercially released versions or subsequent releases; (vi) Duke Host Pte. Ltd. may limit the availability of customer service support time dedicated to supporting the Trial Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Trial Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Trial Services shall be owned exclusively by Duke Host Pte. Ltd.; (viii) You acknowledge and agree that all information regarding your use of the Trial Services, including your experience with and opinions regarding the Trial Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Duke Host Pte. Ltd.; (ix) The Trial Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Duke Host Pte. Ltd. disclaims any warranties, statutory, express, or implied, with respect to the Trial Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Duke Host Pte. Ltd. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.

5.General Rules of Conduct

You acknowledge and agree that:

  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services in a manner (as determined by Duke Host Pte. Ltd. in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes encourages or engages in child pornography or the exploitation of children;
    • Promotes encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Duke Host Pte. Ltd. or Duke Host Pte. Ltd.’s services.
  4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Duke Host Pte. Ltd.
  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  6. You will not access Duke Host Pte. Ltd. Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Duke Host Pte. Ltd. may designate.
  7. You agree to back-up all of your User Content so that you can access and use it when needed. Duke Host Pte. Ltd. does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  8. You will not re-sell or provide the Services for a commercial purpose, including any of Duke Host Pte. Ltd.’s related technologies, without Duke Host Pte. Ltd.'s express prior written consent.
  9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  10. You are aware that Duke Host Pte. Ltd. may from time-to-time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information, which will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which Duke Host Pte. Ltd. is a party.

Duke Host Pte. Ltd. reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

6.Your Use of Duke Host Pte. Ltd. Content and User Content

In addition to the general rules above, the provisions in this Section apply specifically to your use of Duke Host Pte. Ltd. Content and User Content posted to Duke Host Pte. Ltd.’s corporate websites (i.e., those sites which Duke Host Pte. Ltd directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites, Duke Host Pte. Ltd. Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks, and logos contained therein (“Duke Host Pte. Ltd. Content”), are owned by or licensed to Duke Host Pte. Ltd. in perpetuity, and are subject to copyright, trademark, and/or patent protection in Singapore and foreign countries, and other intellectual property rights under Singapore and foreign laws. Duke Host Pte. Ltd. Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Duke Host Pte. Ltd. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Duke Host Pte. Ltd. reserves all rights not expressly granted in and to the Duke Host Pte. Ltd. Content, this Site, and the Services, and this Agreement do not transfer ownership of any of these rights.

User Content-Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or the Services, you represent and warrant to Duke Host Pte. Ltd. that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security-You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Duke Host Pte. Ltd Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Duke Host Pte. Ltd. Content or the User Content therein.

7.Duke Host Pte. Ltd.'s Use of User Content

The provisions in this Section apply specifically to Duke Host Pte. Ltd.’s use of User Content posted to Duke Host Pte. Ltd.’s corporate websites (i.e., those sites which Duke Host Pte. Ltd directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With respect to user submissions.,You acknowledge and agree that:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate Duke Host Pte. Ltd. to treat your User Submissions as confidential or secret.
  3. Duke Host Pte. Ltd. has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or anyone else for any intentional or unintentional use of your User Submissions.
  4. Duke Host Pte. Ltd. may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Duke Host Pte. Ltd. shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else with respect to User Content (Other Than User Submissions).

If you have a website or other content hosted by Duke Host Pte. Ltd., you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize Duke Host Pte. Ltd. to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Duke Host Pte. Ltd. a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, and Duke Host Pte. Ltd.’s (and Duke Host Pte. Ltd’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and no payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (except for User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Duke Host Pte. Ltd. may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Duke Host Pte. Ltd. shall not use any User Content that has been designated “private” or “password protected” by you to promote this Site or Duke Host Pte. Ltd.’s (or Duke Host Pte. Ltd’s affiliates’) business(es).

8. Duke Host Pte. Ltd.'sTerms of Services

8.1 1GB Free Hosting - This plan applies only to newly registered customers. Duke Host Pte. Ltd. provides free domains having prices ranging up to 13 dollars (USD) only and all domains priced above 13 dollars (USD) will be charged for the services accordingly.

8.2 Discounts and Offers - All discounts and offers are valid till the prescribed time and any extension of these will be solely under our discretion. An offer attributed to a user is non-transferable. Offers or discounts may vary from user to user and Duke Host Pte. Ltd. has the sole authority to decide upon this. All offers are excluded from tax.

Any and all discounts offered on the existing plans ends upon the termination of the plan by the user. If the user decides to cancel the chosen plan before the subscription period, a 30% amount will be levied from the original plan fee and not from the discount rate. This is to be noted that the discount is only applicable if the user follows the agreement policies.

8.3 Coupon Codes - Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account.

All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price. Only 1 coupon code could be applied at a time, even if the customer has one or more coupon codes available at any time.

8.4 Agreement - Any development work will only begin after handing over necessary documents including references and meeting with developers. The website will be developed in 5 days and an additional two days will be added for testing.

8.5 Extra Services - All extra services, not mentioned within the plans will be charged on an hourly basis

9. Provisions Specific to E-commerce, Landing Page, and WordPress Hosting

  • 9.1 E-Commerce Hosting
    • 9.1.1 Free Domain Name-Refer to point 8.1
    • 9.1.2 Page Limit The unlimited product pages offered in the Premium plan is limited to 5,000 products initially and monthly addition of 500 product pages is available for premium plan users.“Your” client area pages will also be included in the mentioned page limit.

      All extra pages added to the plan after exceeding the page limit attributed to the plan will be charged accordingly.

    • 9.1.3 Payment Gateway- The unlimited payment gateway option offers 5 integrated gateways for customer use. On-demand we can add two more payment gateways of customer preference. Any extra payment integration process will be charged on an hourly basis.

      The customers should share their credentials used within the respective payment gateways if they want us to integrate them with the website. No credentials will be created from our side on behalf of the customer.

    • 9.1.4 SEO - The basic plan provides SEO service for 8 hours while standard and premium plans offer SEO services for 40 and 120 hours respectively
    • 9.1.5 Storage - The unlimited plans are, subject to a limit of no more than 2,50,000 inodes per account for Linux® hosting accounts or 5,00,000 files We believe that the mentioned inodes would be very well enough for a normal website.
    • 9.1.6 Data Transfer - The unmetered data transfer services are subject to a limit.
    • 9.1.7 Support- Chat support will be provided only during the working hours (8 hours) for the basic plan and any assistance after this proposed hours will be charged accordingly.
    • 9.1.8 Language Integration- In basic and standard plans English will be the chosen language and the second option will be of the customer’s preference. The unlimited language integration option offers 5 language slots of which one will be English and the rest will be of your choice.
    • 9.1.9 Storage Space After the dedicated storage limit exceeds, the extra storage will be made available to the users with specified charges. These storage spaces will be available only in packages (20GB,50GB, etc.)
    • 9.1.10 Product Images and Video Any product image or video to be published on the site should be provided by the customer.
  • 9.2 Landing Page
    • 9.2.1 Template Designing - The template for the basic plan will be the default one provided by the customer and in the premium plan, you can choose from any of the free templates or paid template (payment is made by the customer) which will be customized according to your needs.
    • 9.2.2 Language Integration - In the basic and premium plans English will be the chosen language if there is only one language provided and other languages are optionally integrated via Google API.
    • 9.2.3 SEO - The basic plan offers an SEO friendly landing page and the premium plan offers combined SEO services.
    • 9.2.4 Revision & Revamp-For the limited revision (5 hours) option, only small changes will be made to the page. The premium plan offers one time revamp (8 hours) for your page. If additional hours of support are needed, they will be charged on an hourly basis. If a content update is required, the content should be provided by the customer(with references) along with a cookie policy, privacy policy, and terms of services.
    • 9.2.5 Customer Support -The basic plan offers customer support only during work hours and the unlimited offers 24*7 customer support. It is to be noted that customer support is only available if the page is down.
    • 9.2.6 Chat Support - A basic chat option will be integrated by us, and if the customer requires specific chat support, it will be integrated with the service being charged on an hourly basis.
  • 9.3 WordPress
    • 9.3.1 Domain & Hosting Space - Refer to point 8.1
    • 9.3.2 Professional Emails -All extra emails exceeding the dedicated limit will be charged accordingly.
    • 9.3.3 Theme -The paid WordPress theme for Business and Premium WordPress plans ranges up to 18 dollars (USD). If the customer prefers any other themes with a price ranging above 18 dollars (USD), they will be charged accordingly.
    • 9.3.4 Unlimited Plugins - The plugins will be limited to 2,4,6 and 8 for Single WordPress, WordPress Starter, Business, and Premium plans. Adding too many plugins may slow down your website or page. If the customer wishes to add customized plugins, research time should be provided to work on it.
    • 9.3.5 Revision & Revamp - The revision and revamp for Starter, Business, and Premium plans are listed for 20 hours, 30 hours, and 40 hours respectively. All the necessary details for the revision and revamp should be provided by the customer.

      Services like updating content, structural changes to the website or page, and the addition of extra plugins demand extra charges from the customers.

      We will not be responsible if the website or page is updated by any other person or firm resulting in the loss of data or other issues. We highly recommend updating your website with our expert team.

    • 9.3.6 Social Media Integration -The links to different social media pages of the website are integrated with this option. It is to be noted that customers cannot use their login credentials to access their accounts using this option.
    • 9.3.7 Customer Support - Offers limited ticket support during office hours( 8 hours) for Single WordPress and WordPress Starter plans. 24*7 Chat and Ticket support are ensured for Business and Premium WordPress customers.
    • 9.3.8 Landing Page Development -Paid landing page development is offered for the SIngle WordPress plan where the default WordPress theme will be used. With the Starter plan, contact forms can be added to the free basic landing page on customer request. The Free Premium Landing page offers customization meeting the requirements of customers.

      NO REVAMP AND REVISION FOR LANDING PAGES. If a customer demands revision for a landing page, the time required for the revision will be deducted from the time allotted for website or page revision.

10. Monitoring of Content; Account Termination Policy

Duke Host Pte. Ltd. generally does not pre-screen User Content (whether posted to a website hosted by Duke Host Pte. Ltd or posted to this Site). However, Duke Host Pte. Ltd. reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Duke Host Pte. Ltd. may remove any item of User Content (whether posted to a website hosted by Duke Host Pte. Ltd or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Duke Host Pte. Ltd in its sole and absolute discretion), at any time and without prior notice. Duke Host Pte. Ltd. may also terminate a User’s access to this Site or the Services found at this Site if Duke Host Pte. Ltd. has reason to believe the User is a repeat offender. If Duke Host Pte. Ltd. terminates your access to this Site or the Services found at this Site, Duke Host Pte. Ltd. may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

11. Additional Reservation of Rights

Duke Host Pte. Ltd. expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Duke Host Pte. Ltd in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Duke Host Pte. Ltd. in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Duke Host Pte. Ltd., its officers, directors, employees, and agents, as well as Duke Host Pte. Ltd.’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Duke Host Pte. Ltd.

Duke Host Pte. Ltd. expressly reserves the right to terminate, without notice to you, any and all Services were, in Duke Host Pte. Ltd.'s sole discretion, you are harassing or threatening Duke Host Pte. Ltd and/or any of Duke Host Pte. Ltd.'s employees.

12. No Spam; Liquidated Damages

No Spam - We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services to send spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE, emails, website,) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  1. Email Messages
  2. Newsgroup postings
  3. Windows system messages
  4. Pop-up messages (aka "adware" or "spyware" messages)
  5. Instant messages (using AOL, MSN, Yahoo, or other instant messenger programs)
  6. Online chat room advertisements
  7. Guestbook or Website Forum postings
  8. Facsimile Solicitations
  9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. To use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any website hosting, domain registration, email boxes, or other applicable services until the customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

We encourage all customers and recipients of emails generated from our products and services to report suspected spam. Suspected abuse can be reported by email info@dukehosting.com.

Liquidated Damages- You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

13. Trademark and Copyright Claims

Duke Host Pte. Ltd. supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Duke Host Pte. Ltd.’s Trademark and/or Copyright Infringement Policy referenced above and available here.

14. Links toThird-Party Websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Duke Host Pte. Ltd. Duke Host Pte. Ltd. assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Duke Host Pte. Ltd. does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Duke Host Pte. Ltd. from any and all liability arising from your use of any third-party website. Accordingly, Duke Host Pte. Ltd. encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

15. Disclaimer of Representations and Warranties

You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. Duke Host Pte. Ltd., its officers, directors, employees, agents, and all third-party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. duke host pte. ltd., its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Duke Host Pte. Ltd. assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Duke Host Pte. Ltd., its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third-party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

16. Limitation of Liability

In no event shall Duke Host Pte. Ltd., its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Duke Host Pte. Ltd. is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

17. Indemnification

You agree to protect, defend, indemnify and hold harmless Duke Host Pte. Ltd. and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Duke Host Pte. Ltd. directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

18. Discontinued Services; End of Life Policy

Duke Host Pte. Ltd. reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Duke Host Pte. Ltd. makes a great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Duke Host Pte. Ltd., in any way, effective on the EOL date.

Notice and Migration. If any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Duke Host Pte. Ltd. will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Duke Host Pte. Ltd. in its sole and absolute discretion. Duke Host Pte. Ltd. may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No Liability. Duke Host Pte. Ltd. will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

19. Fees and Payments

You acknowledge and agree that your Payment Method will be charged and processed by Duke Host Pte. Ltd.,10 Anson Road, #22-02 International Plaza, Singapore (079903)

(A) General Terms, Including Automatic Renewal Terms

You agree to pay all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Duke Host Pte. Ltd. expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. You acknowledge and agree that where refunds are issued to your Payment Method, Duke Host Pte. Ltd.'s issuance of a refund receipt is only confirmation that Duke Host Pte. Ltd. has submitted your refund to the Payment Method charged at the time of the original sale, and that Duke Host Pte. Ltd. has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event, a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Duke Host Pte. Ltd., in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. Duke Host Pte. Ltd. also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within Duke Host Pte. Ltd.’s discretion and are not available at customer request. To ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period, except for domain names that will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, Duke Host Pte. Ltd. will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with Duke Host Pte. Ltd. at Duke Host Pte. Ltd.’s then-current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. To see the renewal settings applicable to you and your Services, simply log into your members’ area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Duke Host Pte. Ltd. shall not be liable to you or any third party regarding the same. In addition, Duke Host Pte. Ltd. may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, if we are notified of an update to your credit card number and/or expiration date, Duke Host Pte. Ltd. will automatically update your payment profile on your behalf. Duke Host Pte. Ltd. makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Duke Host Pte. Ltd. shall not be liable to you or any third party regarding the same. If for any reason Duke Host Pte. Ltd. is unable to charge your Payment Method for the full amount owed for the Services provided, or if Duke Host Pte. Ltd. receives the notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Duke Host Pte. Ltd. may pursue all available lawful remedies to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Duke Host Pte. Ltd. also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Duke Host Pte. Ltd. may perform outside the normal scope of its Services, (ii) additional time and/or costs Duke Host Pte. Ltd. may incur in providing its Services, and/or (iii) your non-compliance with this Agreement (as determined by Duke Host Pte. Ltd in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP action(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Duke Host Pte. Ltd. staff or by outside firms retained by Duke Host Pte. Ltd.; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Duke Host Pte. Ltd. as the results of chargebacks or other payment disputes brought by you, your bank, or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Duke Host Pte. Ltd. Duke Host Pte. Ltd. may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time, you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Duke Host Pte. Ltd. makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

(B) Pay by PayPal

By using Duke Host Pte. Ltd.’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Duke Host Pte. Ltd. shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Duke Host Pte. Ltd. may pursue all available lawful remedies to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

(C) International Payment Options

Duke Host Pte. Ltd. offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Duke Host Pte. Ltd. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. Also, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Duke Host Pte. Ltd.

It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Duke Host Pte. Ltd. shall be liable to you or any third party regarding the same. You acknowledge that Duke Host Pte. Ltd. will not attempt to fulfill the Services purchased by you until Duke Host Pte. Ltd. receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Duke Host Pte. Ltd. does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be canceled, at which time you will need to commence the purchase process again. If you would like to cancel payment for a pending transaction, you may cancel the order through your Duke Host Pte. Ltd. account. Payments received on previously canceled orders will be automatically refunded to the original Payment Method when possible.

If, at the time Duke Host Pte. Ltd. receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result, your purchase is either overfunded or underfunded, Duke Host Pte. Ltd. may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Duke Host Pte. Ltd. reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Duke Host Pte. Ltd. will be net of the IPP Fees unless otherwise specified.

Billing and Termination Policy

Duke Host Pte. Ltd. issues the invoice to customers on the first day of every month with a due date ending by the 7th-day(00:00 hrs) of the month. A grace period of 3 days is allotted to you, beginning from the 7th that ends on the 10th of the month. The account will be suspended from the 11th of the month and will be temporarily terminated by the 16th of the month.

The user can retrieve the account by clearing the due payment and a late fee during a grace period starting from the 16th of the month. After the 30th day of the invoice, the account will be terminated permanently with all data cleared from our server.

20. Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

21. No Third-Party Beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

22. Compliance with Local Laws

Duke Host Pte. Ltd. makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal or prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.

23. Governing Law; Jurisdiction; Venue; Waiver of Trial by Jury

This Agreement shall be governed by and construed in accordance with the federal law of Singapore. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

24. Titles and Headings; Independent Covenants; Severability

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

25. Contact Information

If you have any questions about this Agreement, please contact us by email info@dukehosting.com. or at the following address:

Duke Host Pte. Ltd., Singapore,10 Anson Road,#22-02 InternationaL Plaza, Singapore (079903)

26. Modification to Terms of Service

Duke Host Pte. Ltd.’s Terms of Service will be revised from time to time. A subscriber's use of Duke Host Pte. Ltd.’s services after changes to the TOS are posted on Duke Host Pte. Ltd.’s website, www.dukehosting.com, will constitute the subscriber's acceptance of any new or additional terms of the TOS that result from those changes. Duke Host Pte. Ltd. reserves the right to amend, change, or modify Terms of Service with or without notifying the subscribers.