Terms

DEFINITIONS AND CONSENT
- DEFINITIONS
For the purposes of these Terms, "IcePacific," "we," "us," or "our" refers to ICE Pacific Limited and its contractors, infrastructure providers, domain registrars, affiliates, and partners (collectively, the "Providers"). "Customer," "Customers," "you," or "your" refers to the individual or entity ordering or using our services.

- CONSENT TO TERMS
By electronically submitting an order or using our services, you expressly agree to be bound by these Terms and Conditions. You acknowledge that you have read, understood, and accepted these Terms, including any amendments posted on our website. These Terms are governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) and any relevant jurisdiction should it be applicable.

INTENDED USE OF THE SERVICES
Our hosting services (“the services”) are provided exclusively for website and email hosting purposes.

ACCOUNT REGISTRATION
Customers must provide accurate, complete, and current information during registration. Customers are responsible for maintaining the confidentiality of their account credentials and for all activities under their account.

ACCOUNT RENEWAL
We do not provide automatic account renewal. Prior to the expiration of your account, renewal notifications will be sent to your registered email address. It is your responsibility to ensure that your email address is up to date and to renew your account using the instructions provided in our renewal reminders. Failure to renew will result in suspension and termination of services.

DOMAIN REGISTRATION POLICY
Top-level domain is registered through Enom Inc., an ICANN-accredited registrar, and is subject to Enom’s Domain Registration Agreement (http://www.enom.com/terms/agreement.asp). By registering or transferring a domain with us, you agree to comply with Enom’s terms.
Hong Kong top and second level domains are registered through registrars in Hong Kong and must meet the requirements set forth by Hong Kong Internet Registration Corporation Limited (HKIRC), listed at https://www.hkdnr.hk/wp-content/uploads/HKDNR-Registration_Agreement_eng.pdf. HKIRC may conduct random verifications of domain registrations, requiring you to provide supporting documentation within one week of their request. Additional information is available at https://www.hkirc.hk/content.jsp?id=294#!/3

REFUND POLICY
- ELIGIBILITY
Refunds apply exclusively to new hosting service setups within the specified money-back guarantee periods. Hosting renewals, domain fees, license fees, and charges for design or maintenance services are non-refundable.

NOTE: For credit card refunds, a 4% handling fee will be deducted by the credit card company. Please avoid making duplicate payments and ensure that you have selected the correct service. If you have any questions during the transaction process or do not receive a transaction confirmation email from Stripe/PayPal, please contact us at 2317 6109 or email sales@icepacific.com.

- MONEY-BACK GUARANTEE

1. Shared Hosting (Annual Billing):
   A 14-day money-back guarantee is offered for new shared hosting services billed annually.
2. Monthly Billing Hosting:
   A 7-day money-back guarantee is provided for the initial term of service only.

To cancel and request a refund, customers must notify us via email at sales@icepacific.com within the initial refund-eligible period. Refunds will be processed within 7 days of approval, less any applicable fees.

- NON-REFUNDABLE SERVICES

1. Domain Registrations:
   All domain registrations are irreversible and non-refundable. If a hosting account is purchased with a domain, the domain registration fee will be deducted from any refund amount.
   Customers may transfer their domain to another provider if desired.
2. License, design and maintenance fees: All license fees (e.g. SSL certs), design and maintenance fees are non-refundable.
3. Policy Violations:
   Accounts terminated due to policy violations are not eligible for refunds.

- ADDITIONAL NOTES

1. No Partial Refunds:
   No partial or prorated refunds are offered after the initial money-back guarantee period.
2. Disputed Charges:
   If a customer disputes a setup or renewal charge, the service will not be reactivated unless all fees, including chargeback and transaction fees, are covered by the customer.
3. Purpose of the Guarantee:
   Our money-back guarantee provides customers with sufficient time to evaluate our hosting services or correct any mistaken payments. However, we reserve the right to deny cancellation requests if this policy is being misused.

CONTENT LIABILITY
All services provided by IcePacific and its Providers must be used for lawful purposes only. You bear full responsibility for all content, scripts, data, and materials hosted on your account, including maintaining its security. You are strictly prohibited from transmitting, storing, or displaying any content or links that violate the laws of Hong Kong or any applicable jurisdiction, including but not limited to:

• Copyright-Infringing Material: Unauthorized software ("warez"), pirated music/videos, warez distribution sites, or any content that infringes intellectual property rights;
• Offensive Material: Content that is abusive, indecent, defamatory, obscene, or otherwise objectionable;
• “Hateful" Content: Material that incites hatred, discrimination, or violence against individuals or groups.
• Pornographic material or Adult content of any kind;
• Content that contains malware, phishing schemes, or other harmful software;
• Politically sensitive content;
• Spam-generating software;
• Web shells.

We reserve the right to monitor content and remove or restrict access to any material that violates these Terms or threatens the security or integrity of our services, the data of other customers, or facilitate fraudulent activity. Our determination of what constitutes threatening content shall be final and binding. In cases involving criminal activity, we will fully cooperate with law enforcement authorities to ensure compliance with legal requirements.

INTELLECTUAL PROPERTY COMPLIANCE
You are responsible to ensure that all materials and domain names hosted or connected to our services are complied with applicable intellectual property laws, including copyright laws, trademark laws, trade secret and proprietary information protections, whether governed by Hong Kong legislation or the laws of other relevant jurisdictions. Under this provision, should there be any disputes related to your website materials, you are fully accountable for addressing and resolving all claims that may arise.

PROHIBITED ACTIVITIES AND PROGRAMS

• CHAT ROOMS
  You are strictly prohibited to run or link to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc.


• BACKGROUND RUNNING PROGRAMS
  We do not allow programs running in the background.


• PROXY, VPN SOFTWARE AND REDIRECTION SERVICES
  We do not allow running of proxy and VPN software on our servers or sites offering shortening URL services.

SPAM OR UNSOLICITED E-MAIL POLICY
The Customer is strictly prohibited from utilizing our network, equipment, or email services to send spam, chain letters, mail bombs, or any form of unsolicited electronic communications. Under no circumstances may the Customer’s domain be identified as the sender, intermediary, or reply-to address in such communications. This restriction also applies to unsolicited emails sent through third-party services that reference the Customer’s domain or imply the use of our infrastructure or email systems.

An email or message shall be deemed unsolicited if it is distributed in violation of applicable newsgroup policies or sent to recipients without their explicit prior consent. Publicly posting one’s email address does not constitute a request or invitation to receive unsolicited messages.

Should credible evidence arise indicating a breach of this policy, we reserve the right to suspend or terminate the Customer’s account immediately and without prior notification. We retain sole discretion in determining what constitutes sufficient evidence of a violation.

BACKUPS
We perform backups of your website twice daily on a best-effort basis. We do not guarantee their completeness or regularity. It remains your responsibility to maintain your own backups of website, email and other data.

CUSTOMER INTELLECTUAL PROPERTY
When using our services, you retain full intellectual property rights, including trademarks, content, and any other data associated with your website or account. We will only use your data within the hosting account to deliver the hosting services and will not utilize it for any other purposes.

RESOURCE USAGE
Each hosting plan includes specific limits on server resources to ensure the stability and integrity of our shared hosting services. The limitations, which include but are not limited to the following:

• Memory: Customers utilizing shared hosting services shall be permitted to use only a designated portion of the total available memory on the server.
• CPU usage: Scripts that consume excessive CPU time may be terminated at our sole discretion.
• Simultaneous script execution: Customers shall be restricted to running a specified number of CGI scripts concurrently. If this limit is exceeded, subsequent CGI script execution requests made via the web shall result in an error message.
• MySQL disk usage: In circumstances where the integrity of the MySQL service is jeopardized, we reserve the right to limit the MySQL disk usage of customer accounts.
• Number of inodes: The total number of files and directories within a single hosting account shall not exceed 500,000.
• MySQL connections: Each MySQL user shall be restricted from exceeding a specified maximum number of concurrent connections to the MySQL server.

We expressly reserve the right to modify, amend, or impose additional limitations on resource usage at any time without prior notice, should an account’s intensive resource consumption threaten the stability or performance of the hosting server. Such additional limitations may include, but are not limited to, restrictions on MySQL, memory, and CPU usage, as well as the suspension of access to certain directories.

NETWORK SECURITY
Customers are strictly prohibited from utilizing the Provider’s network to circumvent user authentication or compromise the security of any host, network, or account. Such prohibited conduct includes, but is not limited to:

• Unauthorized Access: Gaining or attempting to gain unauthorized access to data or any computer systems not intended for the customer;
• Password cracking;
• Port Scanning: Probing, scanning or testing remote systems or networks to identify security vulnerabilities without explicit consent, or any violation of the security policies of other organizations;
• Malicious Attacks: Engaging in any activity intended to interfere, overload, disrupt or deny service to any user, host, or network;
• Mail bombing.

You are responsible for securing your applications and software, including applying security patches and updates promptly.
We will notify you of security incidents affecting your account where applicable.

DISPUTE RESOLUTION POLICY
In ownership disputes, we reserve final judgment based on:

• Payment Source Ownership (credit card/PayPal holder or bank transfer originator);
• Account Investigation (logs, content, payment history);
• Transfer Due to Incapacity (death/severe disability with verified proof).

PROHITBITED CONDUCT
Any conduct that deliberately seeks to damage, disparage, threaten, or harm IcePacific, its customers, employees, or business operations will result in the immediate termination of the agreement. No refunds will be issued in such cases.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless IcePacific, its subsidiaries, affiliates, directors, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to any breach or violation of these Terms of Use.

AMENDMENT OF TERMS
We expressly reserve the exclusive right to amend, update, or modify this Agreement and any related policies at any time. By continuing to use our services, you acknowledge and agree that we may revise these terms and conditions, and alter or modify the services provided. Any such amendments or changes shall become effective immediately upon the posting of the updated terms or service changes on IcePacific’s website. You agree to regularly review our website, including these terms, to stay informed of any updates. Continued use of our services after any such amendments or changes constitutes your acceptance of the revised terms and conditions.

REFUSAL OF SERVICE
We reserve the right, at our sole discretion and without prior notice, to refuse, suspend, or terminate the provision of services to any customer or user who:

• Violates any applicable laws, regulations, or these Terms of Service;
• Hosts any applications or engages in activities that may harm, disrupt, or interfere with the security, integrity, or performance of our network, systems, or other customers. It is the customer's responsibility to keep their applications updated, regularly check with the software provider for security vulnerabilities, and apply the latest secure versions available;
• Uses the services for illegal, fraudulent, or unauthorized purposes;
• Fails to make timely payments or breaches any contractual obligations;
• Provides false, misleading, or incomplete information during registration or account setup;
• Otherwise acts in a manner that we deem harmful to our business, reputation, or other customers.

WITHDRAWAL OR TRANSFER OF SERVICE
We reserve the right to withdraw the services. In such cases, you will receive at least 30 days’ advance notice that we are going to stop supplying the services, and any prepaid fees for services not rendered will be refunded to you.

We also reserve the right to transfer the services under this agreement to another entity. In such cases, you will receive at least 30 days’ advance notice, and if you do not agree with the transfer, we will refund to you any prepaid fees for services not rendered.

DISCLAIMER
ICEPACIFIC PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ICEPACIFIC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE SERVICE. ICEPACIFIC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. DOWNTIME MAY OCCUR DUE TO MAINTENANCE, UNFORESEEN OUTAGES, OR THIRD-PARTY DEPENDENCIES.

FURTHERMORE, ICEPACIFIC DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY CONTENT HOSTED ON ITS SERVERS AND IS NOT RESPONSIBLE FOR ANY CONTENT UPLOADED BY USERS OR THIRD PARTIES.

LIMITED LIABILITY
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ICEPACIFIC, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, SHALL NOT BE HELD LIABLE FOR ANY OF THE FOLLOWING: 1. USE, SUSPENSION, LOSS, OR TERMINATION OF OUR SERVICE(S), INCLUDING, WITHOUT LIMITATION, WEB HOSTING, DOMAIN REGISTRATION, OR RELATED SERVICES, 2. INTERRUPTION OF OUR SERVICE(S) OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, 3. ACCESS DELAYS OR INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR ACCESS DELAYS OR INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY US, 4. ISSUES CAUSED BY THIRD-PARTY SERVICE PROVIDERS, WHETHER OR NOT WE APPEAR TO PROVIDE SUCH THIRD-PARTY SERVICES, 5. FACTORS OR EVENTS BEYOND OUR CONTROL, 6. LOSS, CORRUPTION, NON-DELIVERY, MIS-DELIVERY, UNAUTHORIZED ACCESS, OR ALTERATION OF DATA, 7. EVENTS OF FORCE MAJEURE SUCH AS NATURAL DISASTERS, CYBERATTACKS, OR GOVERNMENT ACTIONS; 8. LOSS ARISING FROM CUSTOMER’S MISUSE, NEGLIGENCE, OR FAILURE TO SECURE THEIR ACCOUNTS; 9. ENFORCEMENT OR APPLICATION OF ANY DISPUTE RESOLUTION POLICIES.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE REMAINING BALANCE OF FEES PAID BY THE CUSTOMER FOR THE DISPUTED SERVICE(S) THAT WAS NOT DELIVERED.