i-mixhk.com - Service Agreement

This service agreement (hereinafter referred to as “this Agreement”) is made on the date of submission of the application form (申請表格).

Between:

Whereas:
The Customer has agreed to hire i-mixhk.com to provide the blog hosting services and /or relevant value-added services (hereinafter referred to as “the Services”) upon the following terms and conditions.

1. Duties

1.1           Subject to the terms and conditions of this Agreement, I-MIXHK.COM shall provide the Services to the Customer for the agreed length of time.

1.2           The Customer shall not publish any inappropriate content on the blog. The list of inappropriate content is included in Section 3.

1.3           The Customer shall monitor the content published on the blog by other parties. This includes, but not limited to, the comment posted by the visitor of the blog. The list of inappropriate content is included in section 3.

1.4           The Customer shall backup the data published on the blog. I-MIXHK.COM do not guarantee the Customer 100% reliability of the server and I-MIXHK.COM is not responsible for any loss of data and the direct or indirect subsequent situation that may have resulted.

1.5           The Customer shall determine on his/her own whether the content published on the blog is trustable. I-MIXHK.COM do not guarantee the accuracy and reliability of the content of the blog and I-MIXHK.COM is not responsible for any loss, damage and subsequent situations that may have resulted.

2. Charges and Payment

2.1           In consideration of the provision of the Services by I-MIXHK.COM to the Customer, the Customer shall pay I-MIXHK.COM the Charges in accordance with I-MIXHK.COM’s price schedule.

2.2           I-MIXHK.COM may charge the Customer interest in respect of late payment of any sum due under this Agreement, at a rate of 5% per day from the due date to the date of full payment.

2.3           I-MIXHK.COM is entitled to levy additional charges against the Customer and the Customer shall pay such additional charges to I-MIXHK.COM within 7 days upon demand. The additional charges include, but not limited to, additional storage space, additional bandwidth or domain surplus charges.

2.4           The Charges once paid shall not be refunded in whole or in part for whatsoever reason.

3. Content and Data Published on the Blog

3.1           The Customer shall not distribute any inappropriate content in the blog. The inappropriate content includes, but not limited to, materials that:
           3.1.1           infringes any Intellectual Property Rights;
           3.1.2           are in breach of any law, statute, or regulation;
           3.1.3           are defamatory, libellous, unlawfully threatening, politically sensitive or harassing;
           3.1.4           are obscene, pornographic or indecent;
           3.1.5           contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information; or
           3.1.6           is not solicited;
If any inappropriate content is detected in the Customer’s blog, I-MIXHK.COM will delete such content immediately without any prior notice. I-MIXHK.com also reserve the rights of terminating all the Services provided to that Customer.

3.2           The Customer agrees to indemnify I-MIXHK.COM against any and all liability, loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by I-MIXHK.COM whether direct, indirect or consequential arising out of any dispute or contractual, tortious or other claims or proceedings brought by a third party in relation to the Blog, the Content and any activity of the Customer regarding the use of the Services.? The Customer shall give I-MIXHK.COM all reasonable assistance in connection with any such claims or proceedings at the Customer's cost and expense.

3.3           In the event that I-MIXHK.COM receives any complaint by or from any third party or is threatened with the institution of legal proceedings by any third party in relation to the Blog, the Content and other materials provided by the Customer and any activity of the Customer regarding the use of the Services, I-MIXHK.COM shall at its sole discretion remove the Blog, the Content and other materials provided by the Customer until the third party withdraws the complaint.

4. Liability

4.1           I-MIXHK.COM's entire liability to the Customer in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement shall not be more than the Charges.

4.2           I-MIXHK.COM shall not be liable to the Customer for any indirect or consequential loss the Customer may suffer even if the loss is reasonably foreseeable or I-MIXHK.COM was advised of the possibility of the Customer incurring it.

4.3           For the avoidance of doubt, I-MIXHK.COM hereby declares and the Customer acknowledges that the Services may be provided jointly or solely through the agents of I-MIXHK.COM and other network providers.? The Customer hereby expressly waives all its rights to claim loss and damage against I-MIXHK.COM arising from or incidental to the failure or malfunction of network or equipment not within the sole control of I-MIXHK.COM or the act, omission or negligence of the agents of I-MIXHK.COM and other network providers.

5. Termination

5.1           I-MIXHK.COM is entitled to terminate this Agreement with immediate effect by written notice to the other party on or at any time after the occurrence of any of the following events:
           5.1.1           the Customer being in breach of any term or condition under this Agreement and, if the breach is capable of remedy, failing to remedy the breach within 7 days after receipt of a written notice of the breach and requiring its remedy;
           5.1.2           the Customer passing a resolution for winding up or a court of competent jurisdiction making an order for the Customer's winding up (other than, in each case, for the purposes of solvent amalgamation or reconstruction where the entity resulting from the amalgamation or reconstruction effectively agrees to be bound by or assume the Customer's obligations under this Agreement);
           5.1.3           the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling an asset of the Customer; or
           5.1.4           the Customer making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally.

5.2           Termination of this Agreement for whatever reason shall not affect:
           5.2.1           the accrued rights of I-MIXHK.COM and liabilities of the Customer arising in any way out of this Agreement as at the date of termination and in particular but without limitation the right to recover damages against the other; or
           5.2.2           provisions expressed to survive this Agreement, which shall remain in full force and effect.

6. Privacy Policy

6.1           I-MIXHK.COM will not disclose any personal information of the Customer to other third parties, except the information is regarded as an important evidence in the suit and is requested by the law enforcement body.

6.2           I-MIXHK.com will not use the Customer’s email for promotion activities. I-MIXHK.COM do not tolerate spam.

6.3           The login name and password are requested under the subscription of Xanga Post Transfer Service (Xanga日記轉移服務). These login details will be used by I-MIXHK.com solely for the bulk transfer of Xanga posts, and will be deleted immediately when the transfer procedure is completed. I-MIXHK.COM will not disclose these login details to other third parties. The Customer shall agree that I-MIXHK.COM is not responsible for any loss of data in the Xanga account and any direct or indirect subsequent situation that may have resulted.

6.4           I-MIXHK.COM may collect the Customer’s IP address, browser information and the statistics of the blog. The information is used by I-MIXHK.COM solely for the statistical purpose. I-MIXHK.COM will not disclose such information to other third parties.

7. Disclaimers

7.1           I-MIXHK.COM do not guarantee 100% uptime reliability of the server. The Customer shall backup all the data in the blog. I-MIXHK.COM is not responsible for the loss of data and any direct or indirect subsequent situation that may have resulted.

7.2           I-MIXHK.COM do not monitor, and will have no liability for the contents of the blog, and any communications transmitted by virtue of the Services.

7.3           I-MIXHK.COM do not guarantee the accuracy and reliability of the content of the blog. The Customer shall determine on his/her own whether the content is trustable. I-MIXHK.COM is not responsible for any loss and damage after using these information, and any direct or indirect subsequent situation that may have resulted.

7.4           I-MIXHK.COM is not responsible for any loss of data in the Xanga account and any direct or indirect subsequent situation that may have resulted for the subscription of the Xanga Post Transfer Service (Xanga日記轉移服務).

8. Conflict of Terms

8.1           In case of any dispute on this agreement, I-MIXHK.COM reserves the rights to make a final decision for the settlement. The decision made by I-MIXHK.COM shall be regarded as final and is not subjected to appeal.

9. Governing Law and Jurisdiction

9.1            This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the laws of Hong Kong.

9.2            The parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this Agreement.

Last Updated - 12th July 2006