Last Updated: 04 Jan 2005 GMT +8

This Terms and Conditions of Use Agreement (the "Agreement") controls your (referred to as "Customer," "you," or "your") use of CHOON.NET web hosting and internet related services. Any or all of these services, including the software that may be provisioned to you by CHOON.NET as part of your use of the services whether CHOON.NET Proprietary software or third party software (collectively "CHOON.NET software"), are referred to as the CHOON.NET Services" or "the Services." In this agreement you and CHOON.NET may be collectively referred to as "the parties."

Please read this Agreement in its entirety. By downloading CHOON.NET software or using the Services or software, you agree to be bound by this Agreement and other user policies and agreements CHOON.NET may establish from time to time including the CHOON.NET Acceptable Use Policy. If you do not wish to be bound by this Agreement and the other CHOON.NET policies, please do not use CHOON.NET Services.

This Agreement is effective as of the Customer account creation date (the “Effective Date”) between the Customer and CHOON.NET. CHOON.NET agrees to provide hosting services and Customer agrees to accept and utilize CHOON.NET’s service according to the terms of this Agreement and the Order Form (if applicable) which has been executed by the parties and attached hereto.

1. Service. You must be at least eighteen (18) years of age to subscribe to CHOON.NET’s Service. Customer is responsible for all use of Customer’s account and maintaining the confidentiality of Customer’s password(s). CHOON.NET will suspend access or change access to Customer’s account upon notification by Customer that his or her password has been lost, stolen or otherwise compromised. Customer may not transfer or give out its password to third parties, and Customer shall remain liable for all charges incurred for use of the Services. CHOON.NET shall not be liable for any usage or charges prior to CHOON.NET making the necessary account alteration.

2. Technical Support. CHOON.NET will provide technical support consulting services via electronic mail (“e-mail”) to assist in verifying the account features of CHOON.NET’s intended functionality of the Customer’s server and hosting Service (“Technical Support”). The account features include various products produced by third party vendors. The Technical Support staff can assist with the setup and configuration of the server and third party products; however, the usability, custom configurations, coding and troubleshooting fall under the support offerings of the third party vendor so Technical Support will be unable to assist with the aforementioned offerings.

Technical Support does not serve as a consultant to correct and rewrite programming code and scripting-related issues. Only CHOON.NET-created Services and non-Customer configured Services will be supported to this extent. No e-mails from CHOON.NET, including Technical Support e-mail, may be resent, distributed or posted on any media accessible to the public (including, but not limited to, any Internet site or bulletin board) by Customer, without CHOON.NET’s prior written consent. Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support functions or Services, including, but not limited to, maintenance or repair of Customer’s hardware or custom configurations to the server. Technical Support will be provided only to either Customer or Customer’s technical or administrative contact. If Customer requires technical assistance beyond the conditions set forth above and CHOON.NET determines that it has the technical resources for assistance, Customer shall be charged at CHOON.NET’s standard hourly rate. The hourly rate will be applied to Services not designated as Technical Support, as defined above, or for any Technical Support provided to someone other than Customer or Customer’s technical or administrative contact. Prior to requesting support services from CHOON.NET, Customer or Customer’s technical contact agrees to ask CHOON.NET’s Technical Support personnel if the requested support services qualify as Technical Support.

Technical Support hours are 8 hours each day (9AM to 5PM in Singapore Time), except on nationally observed holidays, Christmas Eve, during departmental meetings, or when no, or limited support hours may be provided, of which Customer will be notified in advance. Technical Support hours are subject to change.

3. Equipment and Utilities. Customer shall provide its own computer and telecommunications equipment necessary to access the Service. Customer shall provide CHOON.NET read and write access to Subscriber’s equipment. Customer is solely responsible for all local, toll, and long-distance telephone charges for connecting to the Service. CHOON.NET shall have no responsibility for any charges or tariffs related to any Customer telephone connection or on-line Services of any entity accessed by or for Customer.

4. Required Equipment. Customer shall be solely responsible for the full cost of all required equipment, software and configuration as well as any additional equipment Customer wishes to utilize. CHOON.NET shall have no obligation or liability in connection with any equipment not purchased through CHOON.NET and configured by CHOON.NET, or for any abuse or misuse of any equipment by any party other than CHOON.NET. CHOON.NET shall pass through to Customer any warranties from the manufacturers of equipment purchased through CHOON.NET and installed at Customer’s premises. CHOON.NET shall have no obligation to repair or maintain any equipment at Customer’s premises, and Customer shall be responsible for seeking warranty and other Services directly from the manufacturer.

5. Term. This Agreement shall be effective on a calendar month-to-calendar month basis or a specific term length as set forth in an Order Form beginning on the Effective Date and continuing until terminated as provided herein. This Agreement may be revoked by CHOON.NET in accordance with the terms herein at any time prior to the Effective Date.

6. Termination by CHOON.NET / Acceptable Use. CHOON.NET, in its sole business judgment, may terminate this Agreement immediately and without prior notice or immediately suspend Customer’s access to the Service upon any breach of either this Agreement or CHOON.NET’s Acceptable Use Policy (available on the CHOON.NET web site) by Customer, including, but not limited to, (a) refusal or failure to pay for Service or (b) by sole judgment of CHOON.NET that Customer may be performing activities harmful to CHOON.NET or its other Customers, employees, vendors, business relationships or other users of the Internet, including but not limited to, spamming; harassment; falsifying information; defamation; violating a third party’s privacy; infringing a third party’s intellectual property rights; or hacking or other effort to gain unauthorized access to any server, directory, or account information. CHOON.NET may also terminate this Agreement without cause at any time upon thirty (30) days prior Notice.

Unauthorized use of the CHOON.NET Services in connection with the transmission of unsolicited bulk e-mail (“SPAM”), including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act. Spam related issues are governed by CHOON.NET’s Anti-Spam Policy.

7. Termination by Customer. Customer may terminate this Agreement if month-to-month, upon thirty (30) days prior notice and full payment of all subscription fees through the end of the notice period. Term accounts may only be canceled by paying a cancellation fee equal to seventy-five percent (75%) of the remaining contract balance and by making payment of any outstanding telecommunications charges related to the establishment, maintenance and cancellation of Service to the Customer. Notwithstanding anything to the contrary in this Agreement, if CHOON.NET breaches any material term of this Agreement and such breach continues for ten (10) business days after Customer has notified CHOON.NET, you may immediately terminate this Agreement.

8. Data. Customer understands and agrees the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to CHOON.NET. CHOON.NET has no input whatsoever as to the content of Internet data accessed via the Service. Customer is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED “AS IS” AND AT CUSTOMER’S OWN RISK.

9. Illegality/Adult Content Policy. CHOON.NET neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. CHOON.NET reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by CHOON.NET are an appropriate recompense to CHOON.NET for the time required to respond to and address issues created by Customer’s illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, CHOON.NET will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

10. Limited Warranty/Security. CHOON.NET warrants only that it shall, subject to the terms and conditions of this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED “AS AVAILABLE” AND “AS IS,” WITH ALL FAULTS ACCEPTED. CHOON.NET MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. CHOON.NET FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. CHOON.NET DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS THE CUSTOMER’S SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO CUSTOMER’S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU MUST DETERMINE THE SUITABILITY OF THE CHOON.NET SERVICES FOR THE AFOREMENTIONED TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU TO MEET THESE SECURITY OBLIGATIONS.

11. Limitation of Liability. Each party specifically agrees that, in no event, shall either party’s liability as a result of this Agreement and the provision of Service hereunder, exceed Customer’s monthly fee for any single month during which any claim of liability arose or the amount paid for any term Agreement. Neither party shall have liability whatsoever for any indirect, special, incidental, consequential or punitive damages of any kind, including but not limited to, lost revenue and lost profit.

12. Compliance and Indemnification. Customer agrees to use the Service in compliance with all applicable laws, and to host files or content, if at all, only with the consent of the copyright, trademark, domain name, or patent owner. Customer shall be charged for all costs incurred by CHOON.NET, including reasonable attorney fees, for any claim, loss, or damage arising out of Customer’s use or misuse of the Internet or the Services.

Customer specifically agrees to defend, indemnify, and hold harmless CHOON.NET, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Customer under this Agreement or its use of the Service. CHOON.NET specifically agrees to defend, indemnify, and hold harmless Customer, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of CHOON.NET under this Agreement or its use of the Service.

13. Personal Files/E-Mail Inbox. CHOON.NET is not responsible for back ups of Customer’s personal files or other information. CHOON.NET reserves the right to delete Customer information and files upon termination of the Service. Any IP addresses assigned to Customer are considered loaned by CHOON.NET and will revert back to CHOON.NET after cessation of the Service. E-mail inboxes have size limits set by CHOON.NET. Once that size limit is reached or exceeded, Customer will receive notification, and no more e-mail will be delivered to that inbox until the size of the inbox is reduced by Customer to below the limit for that account.

14. Privacy. Privacy issues are governed by CHOON.NET’s Privacy Policy, and that document should be consulted for any questions you may have about how CHOON.NET uses your Customer information. You are required to develop and post a privacy policy on your web sites to the extent you gather any personal information from your customers or from visitors to your site.

15. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Republic of Singapore.

16. Notice. Notice to CHOON.NET shall be in writing and delivered by hand, e-mail, or, if sent by certified mail, return receipt requested, or a nationally recognized overnight delivery service that keep records of deliveries and attempted deliveries (such as FedEx). It is imperative that CHOON.NET be able to contact Customer at all times. Customer must promptly advise CHOON.NET of any changes to his, her or its contact information, including mailing and e-mail addresses and phone number. Failure to do so constitutes grounds for immediate termination; moreover, any notices from CHOON.NET to Customer sent to Customer’s last known e-mail address as provided by Customer to CHOON.NET shall be deemed effective even if Customer has failed to provide updated information to CHOON.NET.

17. Payment/Taxes. Customer shall pay CHOON.NET for all charges listed on CHOON.NET’s invoice, including all shipping and handling charges and other charges incidental to the provisioning of the Services. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, Subscriber agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Subscriber agrees to pay the highest rate allowed by law. In addition, Subscriber agrees to pay all costs of collection, including costs of litigation and reasonable attorneys’ fees. Subscriber agrees to execute financing statements and other instruments at CHOON.NET’s request. A $30.00 (Thirty Singapore Dollars) collection fee will be charged for all dishonored checks. Any tax liability arising from Customer’s use of the Service (other than taxes on CHOON.NET income) will be Customer’s responsibility. Customer will pay all sales and use taxes relating to the Service, as well as all duties or levies on Products and Services.

(a) Payment Terms. Unless otherwise subscribed or agreed, payment of the selected Service is due monthly on the first day of each calendar month for the Service to be rendered during the upcoming month. CHOON.NET reserves the right to adjust its fees for Service hereunder at any time in the event CHOON.NET experiences a rate increase from its telecommunications supplier. However, if Customer has signed a term agreement, CHOON.NET’s pricing will remain constant for the agreed-to term.

CHOON.NET is not responsible for the pricing of any phone company service fees whether billed directly to Customer by the phone company or through CHOON.NET on behalf of the phone company. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN ADVANCE, ON OR ABOUT THE ANNIVERSARY DATE OF THE SERVICE FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. CHOON.NET may change any fee, rate, or plan upon thirty (30) days' notice. Refunds, if any, from termination or cancellation of term or pre-paid accounts are only available as if the Customer were a month-to-month Customer, and will not be based on the discount the Customer may have received for prepaying the account.

(b) Payment Method. Payment is accepted in Singapore Dollars or otherwise as stated elsewhere. Payment made using Bank or TTY Transfer (POSB , DBS), Money Orders, Cheques (Checks) are accepted by CHOON.NET.

18. Force Majeure. CHOON.NET shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, or any third party telecommunications or Internet connectivity providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of CHOON.NET.

19. Waiver; Severability. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of this Agreement is stricken as unenforceable, the rest of the Agreement shall remain in full force and effect.

20. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Customer without the prior express written consent of CHOON.NET. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of CHOON.NET, and permitted assigns of Customer. This Agreement is assignable by CHOON.NET provided CHOON.NET gives Customer written notice of such an assignment and the assigning party(ies) is/are capable of performing all of CHOON.NET’s obligations hereunder.

21. No Resale. The Service provided hereunder is limited to Customer and may not be resold in any manner whatsoever unless Customer selects a reseller plan and CHOON.NET provides written acceptance of Customer’s selection of a reseller plan.

22. Modification or Amendment to Agreement. This Agreement may be amended or modified from time to time upon Notice to Customer in CHOON.NET’s sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage.

23. Entire Agreement. These terms and conditions constitute the entire Agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by CHOON.NET at any time without notice, so please check back frequently to review changes. Any changes or amendments to this Agreement shall be set forth at www.choon.net. This Agreement may not be amended by Customer unless the amendment is approved by both parties in writing. Any questions about this Agreement should be directed to info@choon.net.

Last Updated: 04 Nov 2004 GMT +8

As a provider of web site hosting, and other Internet-related services, CHOON.NET offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. CHOON.NET respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, CHOON.NET reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, CHOON.NET has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing CHOON.NET’s services. This AUP will be revised from time to time. A customer's use of CHOON.NET's services after changes to the AUP are posted on CHOON.NET’s web site, www.choon.net, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

When information is disseminated through the Internet, they also must keep in mind that CHOON.NET does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over CHOON.NET’s network and may reach a large number of people, including both clients and non-clients of CHOON.NET, clients' postings to the Internet may affect other clients and may harm CHOON.NET’s goodwill, business reputation, and operations. For these reasons, clients violate CHOON.NET policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Obscene Speech or Materials

Spamming

Intellectual Property Violations

Defamatory or Abusive Language

Forging of Headers

Illegal or Unauthorized Access to Other Computers or Networks

Background Running Programs

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Facilitating a Violation of this AUP

Export Control Violations

Usenet Groups

Other Illegal Activities

Other Activities

Obscene Speech or Materials

Using CHOON.NET's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. CHOON.NET is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through CHOON.NET's network.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward CHOON.NET, but also because it can overload CHOON.NET's network and disrupt service to CHOON.NET clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CHOON.NET has the discretion to determine from all of the evidence whether the Email recipients were from an "opt-in" Email list. Refer to our UCE/SPAM Policy for more information.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. CHOON.NET is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also CHOON.NET’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Defamatory or Abusive Language

Using CHOON.NET’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Background Running Programs

Background Daemons in general are prohibited on CHOON.NET servers, including, but not limited to, IRC bots, egg drop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

CHOON.NET will be the sole arbiter of what constitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the Singapore.

Usenet Groups

CHOON.NET reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that CHOON.NET determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. CHOON.NET will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with CHOON.NET policy or applicable law. When CHOON.NET becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

CHOON.NET also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, CHOON.NET urges its clients to assume that all of their on-line communications are insecure. CHOON.NET cannot take any responsibility for the security of information transmitted over CHOON.NET’s facilities.

CHOON.NET will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. CHOON.NET may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CHOON.NET may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. CHOON.NET assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, CHOON.NET may disclose client information or information transmitted over its network where necessary to protect CHOON.NET and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including CHOON.NET and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to abuse@choon.net.

Last Updated: 10 Nov 2004 GMT +8

Email Abuse and Email Misuse is a serious problem, and CHOON.NET will not tolerate it.

Definition of UCE (Unsolicited Commercial Email), or SPAM:

→	The bulk UCE, bulk promotional material, or other forms of solicitation sent via Email that advertise any IP address belonging to CHOON.NET or any URL (domain) that is hosted by CHOON.NET.
→	Unsolicited postings to newsgroups advertising any IP or URL hosted by CHOON.NET.
→	The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by CHOON.NET.
→	Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
→	Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM:

Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

CHOON.NET:

SPAM is not only harmful because of its negative impact on consumer attitudes toward CHOON.NET, but also because it can overload CHOON.NET’s network and resources, especially on our shared (virtual) server environments.

Our Providers:

Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that CHOON.NET does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM:

CHOON.NET reserves the right to terminate, without warning, any account that violates this policy. Usage of CHOON.NET services constitutes acceptance and understanding of this policy.

CHOON.NET may, at its option, charge $25.00 per SPAM complaint we receive for all (Colocation, Dedicated and Virtual Server) customers. Resellers will be charged for resold accounts, receiving SPAM complaints. Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.

CHOON.NET reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk Email", and to determine from all of the evidence whether or not the Email recipients were from an "opt-in Email" list.

Should you choose to Email from CHOON.NET servers and/or network, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing Email abuse.

Basic Mailing List Management Principles for Preventing Abuse

Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to Email. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

→	The Email addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an Email message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
→	Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
→	Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
→	Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of Email addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
→	Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
→	Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

This Anti-Spam Policy and all other CHOON.NET policies are subject to change by CHOON.NET without notice.

Continued usage of the services after a change to this policy is implemented and posted on the CHOON.NET site constitutes your acceptance of such change or policy. We encourage you to regularly check the CHOON.NET site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.

Last Updated: 10 Nov 2004 GMT +8

PLEASE READ THE FOLLOWING CAREFULLY. IT STATES THE PRIVACY POLICY THAT GOVERNS YOUR USE OF ANY CHOON.NET SERVICE. THIS PRIVACY POLICY ("Privacy Policy") APPLIES TO ALL WEB SITES HOSTED AND SERVICES PROVIDED BY CHOON.NET.

At CHOON.NET, we recognize the privacy needs of our Customers. You should be able to choose what information you want to share and decide what will happen to that information once it has been shared. Protecting your personal information is vitally important. Please read the following Privacy Policy to understand how your personal information will be treated as you make full use of our many offerings. This policy may change from time to time without notice so please check back periodically. We hope this will increase your awareness about online privacy.

Collected Information
If you choose to place an order with CHOON.NET, we may ask you to provide us with certain personal information, such as your name, physical and electronic mail ("e-mail") addresses, phone numbers, domain name and other information that by itself, or in combination with other information, may be identifiable to you as a specific individual. We may also ask for financial information, such as account or credit card numbers, and demographic information, such as your zip code and income level. We gather this information from your order forms, e-mails, and surveys.

Please be aware that CHOON.NET Internet access partners, advertisers, and web sites that have links on our sites, and any other provider/distributor partners may also collect personally identifiable information about you. The information practices of these Internet access partners, advertisers, and web sites linked to CHOON.NET, and any other provider/distributor partners, are not governed by this Privacy Policy. Similarly, other customer web sites that are hosted by CHOON.NET may collect your personal information. What these other sites do with that information is governed by the privacy policy for that site - not this policy - and you are encouraged to review the privacy policy on any site you visit.

Information Requests
You may be able to request information on our sites regarding products and Services, including technical support and customer Service, by using online forms. We may ask that you provide certain contact information to allow us to fulfill your request and to send you information about CHOON.NET's products and Services.

Children's Guidelines
Although CHOON.NET's sites are not geared towards children, CHOON.NET nonetheless attempts to protect children. CHOON.NET must, however, rely on the information provided to us by visitors to our sites. As a result, it is impossible for us to guarantee with absolute certainty that the information collected and utilized by CHOON.NET is not derived from a child. Click on http://www.ftc.gov/kidzprivacy for more information.

Disclosure
CHOON.NET will not sell, rent, trade, or disclose individual Customer information to any third parties or outside companies who will use the information to contact you or who will share the information with others without your permission. It may be necessary to disclose information in special cases when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal actions against someone who may be violating violating CHOON.NET's Terms of Service or may be causing injury to or interference with (either intentionally or unintentionally) CHOON.NET's rights or property, other CHOON.NET users, or anyone else that could be harmed by such activities. CHOON.NET may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.

Use of Information
The use of an individual's e-mail address is necessary to keep our Customers well informed of maintenance issues, escalated critical issues and problem resolutions that may arise with your CHOON.NET Service. We may also use e-mail addresses to provide our Customers with informative newsletters.

Sometimes CHOON.NET uses personal and demographic information to help us determine which CHOON.NET products and Services are most likely to be of interest to you or help diagnose problems with our servers or administration of our sites. We also use demographic information to help in the analysis of product usage, purchasing, and target markets.

Please note that CHOON.NET does provide information to outside companies (such as a credit card processing company) who perform certain functions on our behalf for billing purposes. We will not permit those companies to use the gathered information for other than the stated purpose.

Correct/Update
If you want to change or update information you have previously provided to us, please either go back to the site where you provided such information or contact us by sending an email to: info@choon.net

Cookies
Our Web servers may place small bits of text or "cookies" onto your computer's hard drive. Cookies enable us to deliver content specific to your interests and keep track of your password so you do not have to re-enter it each time you visit our web sites. After you accept a cookie, it is passed from your browser to our servers each time you request a page. This cookie consists of a unique token that anonymously identifies to the server so that you can more easily access the features of the CHOON.NET Service. Please note that you may configure your web browser to warn you before you accept a cookie.

Customer E-mails
CHOON.NET will not read or disclose e-mail content to others unless required by law or deemed necessary to operate our Services.

Questions
If you have any questions about CHOON.NET's privacy policy or the privacy practices of our web sites, please contact us by sending an e-mail to info@choon.net.

Links to Other Sites
CHOON.NET's sites contain links to other CHOON.NET web sites. You will find that all CHOON.NET owned web sites are governed by this same Privacy Policy. Links to other non-CHOON.NET web sites are governed by those web sites' privacy policies.

Changes to the Privacy Policy
In the event our Privacy Policy needs to be modified, those changes will be reflected in the next revision of this Privacy policy which will be posted on the CHOON.NET web sites. Please check back often to review any revisions.