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1. 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, creating an account, 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 shall be exclusively governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”).

2. NATURE OF SERVICES & INFRASTRUCTURE INTEGRATION

The Customer acknowledges and agrees that IcePacific delivers its hosting services by integrating enterprise-grade third-party data centers, server hardware, network providers, and upstream technology partners. IcePacific does not directly operate or own the physical underlying hardware and infrastructure. By entering into these Terms, the Customer acknowledges this architectural structure, agreeing that IcePacific acts as the Customer's direct service interface and local support partner, relying on specialized upstream infrastructure partners to facilitate the delivery of the services.

3. INTENDED USE OF THE SERVICES

Our hosting services (“the services”) are provided exclusively for legitimate website and email hosting purposes.

4. ACCOUNT REGISTRATION, SECURITY & OWNERSHIP

Customers must provide accurate, complete, and current information during registration, with the designated administrator email address (admin email) serving as the primary core credential for determining account control and ownership. Customers are strictly responsible for maintaining the confidentiality of their account credentials, API keys, and passwords, and bear full liability for all activities conducted under their account, whether authorized or unauthorized. IcePacific assumes no responsibility for any account control disputes or data losses arising from a customer's failure to maintain, secure, or update their registered email address.

5. 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 sole 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 prior to the expiration date will result in immediate suspension and subsequent termination of services. IcePacific assumes no liability for data loss resulting from expired and terminated accounts.

6. DOMAIN REGISTRATION POLICY

• Top-Level Domains (gTLDs): Top-level domains are registered through Enom Inc., an ICANN-accredited registrar, and are subject to Enom’s Domain Registration Agreement. By registering or transferring a domain with us, you agree to comply with Enom’s terms.
• Hong Kong Domains: 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 in the HKDNR Registration Agreement. HKIRC may conduct random verifications of domain registrations, requiring you to provide supporting documentation within one (1) week of their request. Additional information is available on the HKIRC Website.

 

7. 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 strictly non-refundable.
• Credit Card & Gateway Fees: For credit card or Paypal refunds, a 4% handling fee (or the actual transaction gateway processing fee incurred) will be deducted from the refund amount.
• Money-Back Guarantee Periods:
  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.
• Cancellation Procedure: To cancel and request an eligible refund, customers must notify us via email at sales@icepacific.com within the initial refund-eligible period. Approved refunds will be processed within 7 days of approval, less any applicable administrative or transaction fees.
• Non-Refundable Items:
  1. Domain Registrations: All domain registrations and renewals are irreversible and non-refundable. If a hosting account purchased with a complimentary or bundled domain is refunded, the standard domain registration fee will be deducted from the refund.
  2. Licenses, Design & Maintenance: All third-party license fees (e.g., SSL certificates), design, and maintenance fees are non-refundable.
  3. Policy Violations: Accounts terminated due to violations of these Terms are strictly ineligible for refunds.

8. CONTENT LIABILITY

All services provided by IcePacific must be used for lawful purposes only. You bear full, exclusive responsibility for all content, scripts, databases, data, and materials hosted on your account, including maintaining their 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:

• Copyright-Infringing Material: Unauthorized software ("warez"), pirated music, video distribution sites, or intellectual property violations;
• 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 or adult content of any kind;
• Malware, phishing schemes, spyware, or other harmful software;
• Politically sensitive content that violates local regulations;
• Spam-generating software or web shells.

IcePacific reserves the right to monitor content and immediately remove or restrict access to any material that violates these Terms or threatens server integrity. Our determination of what constitutes threatening or prohibited content shall be final and binding. In cases involving suspected criminal activity, we will fully cooperate with law enforcement authorities.

9. INTELLECTUAL PROPERTY COMPLIANCE

You are responsible for ensuring that all materials and domain names hosted or connected to our services comply with applicable intellectual property laws, including copyright, trademark, and trade secret protections. Should any dispute arise concerning your website materials, you are fully accountable for addressing, defending, and resolving all resulting claims at your sole expense, holding IcePacific completely harmless.

10. PROHIBITED ACTIVITIES AND PROGRAMS

• Chat Rooms & IRC: Running or linking to IRC servers, IRC bots, or clients (e.g., Eggdrop, BitchX) is strictly prohibited.
• Background Running Programs: Persistent background-running daemons or unauthorized background processes are prohibited.
• Proxies, VPNs & URL Shorteners: Running proxy software, VPN servers, or public URL-shortening services on our hosting infrastructure is strictly prohibited.

11. 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 bulk unsolicited electronic communications. 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.

12. BACKUPS AND DATA LOSS DISCLAIMER

Backup services are performed twice daily strictly as an auxiliary courtesy on a "best-effort" basis without any representation, warranty, or guarantee of completeness, regularity, or recoverability. The Customer acknowledges and agrees that they bear sole and exclusive responsibility for maintaining independent, local copies of all website files, databases, and emails. IcePacific assumes zero liability and shall not be held responsible for any data corruption, deletion, truncation, or loss, whether caused by hardware failure, software error, human negligence, migration actions, or cyber incidents.

13. CUSTOMER INTELLECTUAL PROPERTY

You retain full intellectual property rights to your trademarks, content, and data associated with your website. IcePacific will only access or use your data within your hosting account as necessary to deliver the requested hosting services.

14. RESOURCE USAGE & MODIFICATION

Each hosting plan includes specific resource limitations to ensure shared server stability, including memory limits, CPU usage caps, concurrent CGI script execution limits, MySQL disk usage quotas, inode limits (maximum 500,000 files/directories per account), and MySQL concurrent connection limits.

IcePacific reserves the right to immediately suspend, restrict, or modify resource limitations where an account’s intensive consumption threatens server stability. Where emergency intervention is not required to protect server integrity, IcePacific will make reasonable commercial efforts to notify the Customer via email prior to imposing permanent resource caps or account restrictions.

15. NETWORK SECURITY

Customers are strictly prohibited from circumventing user authentication or compromising network security (e.g., unauthorized access, password cracking, port scanning, malicious attacks, mail bombing). Customers are responsible for securing their applications and promptly applying security patches.

16. DISPUTE RESOLUTION & ACCOUNT OWNERSHIP POLICY

1. Account Ownership & Control Disputes: In the event of a dispute regarding the ownership or control of a hosting account, domain, or service, IcePacific is not an arbiter of civil legal disputes. However, to maintain service continuity, IcePacific reserves the right to temporarily freeze the account and render a binding administrative decision based on the following framework:

• A. Registered Admin Email Supremacy: As a general operational rule, IcePacific recognizes the individual or entity that lawfully controls and accesses the registered admin email address as the primary account owner of record.
• B. Corporate Priority Exceptions: If a dispute arises involving a registered corporate entity, official Hong Kong or recognized corporate registry documents (e.g., Certificate of Incorporation, Business Registration Certificate [BR]) accompanied by an official company resolution and company chop may challenge an unauthorized admin email holder, provided that official legal instruments or a binding Hong Kong court order are formally presented. In the absence of such formal legal orders, IcePacific reserves the right to maintain status quo based on the admin email control.
• C. Financial Originator Verification: In the absence of corporate documentation, verification defaults to the legal identity and financial ownership of the credit card holder, PayPal account owner, or bank transfer originator associated with the initial account creation and primary billing history.
• D. Succession & Incapacity: In cases involving corporate restructuring, dissolution, death, or severe legal incapacity, official legal instruments (e.g., probate documents, court orders, or certified corporate liquidation filings) must be provided.

2. Billing Inquiries & Chargeback Protocol: Any billing discrepancies or invoice errors must be reported to IcePacific within thirty (30) days of the transaction date. Initiating an unjustified chargeback or payment dispute with a bank or credit card processor without first contacting IcePacific constitutes a material breach of these Terms, entitling IcePacific to immediately suspend all services and recover all associated chargeback fees, banking costs, and an administrative penalty of HKD 300 per incident.

17. PROHIBITED CONDUCT

Any conduct that deliberately seeks to damage, disparage, defame, threaten, or harm IcePacific, its customers, employees, or business operations will result in the immediate termination of the agreement without any entitlement to a refund.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless IcePacific, its subsidiaries, affiliates, directors, officers, employees, and agents from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees on a full indemnity basis) arising out of or related to your breach of these Terms, your hosted content, or your use of the services.

19. AMENDMENT OF TERMS

We reserve the exclusive right to amend, update, or modify this Agreement at any time. Amendments shall become effective immediately upon posting on IcePacific’s website. Continued use of our services after such modifications constitutes your binding acceptance of the revised terms.

20. REFUSAL, SUSPENSION, OR TERMINATION OF SERVICE

We reserve the right, at our sole discretion, to refuse, suspend, or terminate services to any customer who violates applicable laws, breaches these Terms, threatens network integrity, or acts in a manner harmful to our business or reputation.

21. WITHDRAWAL OR TRANSFER OF SERVICE

We reserve the right to withdraw services upon at least thirty (30) days’ advance notice, issuing a prorated refund for any prepaid, unrendered fees. We may also transfer this agreement to another qualified entity upon thirty (30) days’ notice.

24. LIMITATION PERIOD FOR CLAIMS

Any claim, dispute, or legal action arising out of or related to these Terms, the website, or the services must be formally commenced by the Customer within one (1) year after the cause of action accrues. Any claim not brought within this period shall be permanently barred, waived, and extinguished.

25. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.