Terms and Conditions
What do "free data transfer" mean?
It's pretty straightforward: Customers who use Timway Technology can obtain free disk space, data transfer, and email storage if they use their services consistently with these paragraphs.
What is appropriate usage?
Timway Technology is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Timway Technology is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. Timway Technology uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site.
You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy ("AUP") agreement between Timway Technology ("Timway Technology") and the personal or corporate account holder ("YOU/YOUR/Customer"). Timway Technology provides World Wide Web Hosting, Marketing, and Development. Timway Technology has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
Timway Technology general policy is to act as a provider of Internet presence. Timway Technology reserves the rights to suspend or cancel a customer's access to any or all services provided by Timway Technology when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of Timway Technology is strictly prohibited.
Timway Technology will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Timway Technology, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Timway Technology has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including
links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Timway Technology to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are outof-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular
basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links
to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any
group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or
links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
Timway Technology will not tolerate any form of storage space abuse. At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on Timway Technology servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Timway Technology Management ("MANAGEMENT"), with or without prior notice.
If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan ("PLAN"). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk
space overages, you will be billed $0.10/1MB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients
must pay for the overages IMMEDIATELY once billing or Timway Technology has the sole decision to deactivate any and all servers.
Timway Technology will be the sole arbiter as to what constitutes a violation of this provision.
The intention of Timway Technology is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being
billed for the overages.
If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth
overages, YOU will be billed $5.00/1GB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients.
Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Timway Technology has the sole decision to deactivate any and all servers.
Timway Technology will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation.
Timway Technology takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to HK$1,000 per email account and delete YOUR account without any prior notice.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, marketing email, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have
explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Timway Technology ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Timway Technology at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Timway Technology endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss
from Timway Technology to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Timway Technology's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Timway Technology NOC. Timway Technology's administrators will determine the end of the downtime by a traceroute to
YOUR machine from outside the Timway Technology network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Timway Technology will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the
maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
MANAGE DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to billingsupport@Timway Technology. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Timway Technology. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:
scheduled maintenance as posted from time to time at Timway Technology,
your behavior or the performance or failure of your equipment, facilities or applications,
circumstances beyond Timway Technology's reasonable control, including, without limitation, acts
of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name
registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
YOU breaking any agreement policy in Timway Technology's "Terms & Conditions and AUP" causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Timway Technology provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related
However, in under no circumstances is Timway Technology neither obligated to help YOU in the
installations of new application modules, templates and/or programming languages, nor in
providing assistance for any errors produced by any applications that have been modified by
YOU previously. We will only provide assistance in making sure any EasyApps applications that
are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Timway Technology. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
Timway Technology installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG,
MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the webservers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.
In addition, all electronic files stored within Timway Technology's file-servers must be legallyowned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed
and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications.
File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the Timway Technology's servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior
This service is only available for Timway Technology's SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 200 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate Timway Technology policies persistently in email activities, YOUR account will be suspended and deleted.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a one-toone basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a prepaid basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. Timway Technology reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies Timway Technology to request for termination of services. All payment is in Hong Kong dollar.
Timway Technology will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Timway Technology accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billingsupport@Timway Technology should you wish to change your anniversary billing cycle.
CANCELATION OF SERVICE
Timway Technology reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Timway Technology if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer,
All of Timway Technology's PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.
If YOU cancel, the full contract amount less any setup fees and overages will be refunded if Timway Technology is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk
space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.
All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.
PROMOTIONAL RATES & SPECIAL OFFERS
Timway Technology may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Timway Technology's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Timway Technology or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Timway Technology network. If YOU use a domain name in connection with Timway Technology or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. NETWORK SECURITY Customers may not use the Timway Technology network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
Timway Technology will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may
incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upo