Thai Hosting Terms of Service

Please carefully review our Terms of Service and Privacy Policy before using our Services. Affiliates must also review and agree to the Affiliate Terms. By accessing or using our Site and Services, you consent to these terms. If you do not agree, you may not use our Site or Services.

Definitions

Client: Any individual or entity that enters into an agreement with Thai Hosting to utilize the Services.
Services: Dedicated server and virtual private server (VPS) hosting services provided by Thai Hosting, including server hardware, network connectivity, operating system installation, security measures, and technical support.
AUP: Acceptable Use Policy outlining guidelines for using the Services.
Force Majeure Event: Any event beyond reasonable control, such as acts of God, war, terrorism, civil unrest, natural disasters, or government actions.

These terms govern your access to Thaihosting.asia (the “Site”) and use of its web hosting and related services (“Services”) provided via Thaihosting.asia, also referred to as “Thai Hosting,” “we,” “us,” or “our.”

“Thaihosting.asia” in this agreement includes the domain owner, managing company, persons maintaining the Site, third-party providers, and other individuals connected to Thai Hosting.

The Site’s users (also referred to as “client(s),” “customer(s),” “subscriber(s),” “you,” or “your”) agree to these terms by using any features or Services made available by Thai Hosting. If you do not wish to consent, please do not use our Website or Services.

We recommend that users regularly check this page for updates to stay informed of any changes.

Note: If English is not your primary language, you should translate this page for full comprehension.

Scope and Acceptance of Agreement

Accessing the Site or using the Services signifies your acceptance of this legally binding agreement with Thai Hosting and its affiliates. By continuing to use the Site or Services, you give your explicit consent to these terms.

Our hosting primarily serves individuals and businesses located in Thailand, Asia, or those targeting these markets. Your personally identifiable information may be subject to Hong Kong laws.

Use of Personally Identifiable Information

By using our Services, you consent to the transfer of personal data outside Thailand, processed according to Thailand laws. If you do not want your data shared as described, please do not use our Services.

Provision of Services

Thai Hosting offers dedicated and VPS hosting services, including server hardware, network connectivity, operating system setup, security, and technical support. While we use reasonable efforts to maintain uptime, we do not guarantee uninterrupted service due to maintenance or unforeseen circumstances. Service levels, such as uptime guarantees, are subject to our internal policies unless otherwise agreed upon.

Client Responsibilities

Content and Usage: You are solely responsible for all content and activities on your server. You agree to comply with all applicable laws and regulations of Thailand and your local jurisdiction.

Security: You are responsible for securing your server, including using strong passwords, updating security features, and implementing measures to prevent unauthorized access or breaches.

Data Backup: Backing up critical data is your responsibility.

Network Usage: You must not engage in activities that harm the network or other servers, such as hacking, spamming, malware distribution, illegal content, or network abuse.

Compliance with AUP: You agree to adhere to the AUP, which is incorporated by reference into this Agreement.

Cryptocurrency and Trade Restrictions

Prohibited Countries: Residents of countries where cryptocurrency usage is restricted or banned (per current international lists) may not use our Services to purchase or transact in cryptocurrency. This restriction does not apply to citizens of these countries residing abroad.

Legality of Cryptocurrency Funds: Users are solely responsible for ensuring that any cryptocurrency funds used for transactions on our Site are legally obtained. We will not be held liable for funds obtained from illegal or prohibited activities. By using cryptocurrency, you confirm that the source of funds complies with all applicable laws.

Trade-Banned Countries: Individuals or entities residing in countries with trade restrictions against Hong Kong are prohibited from using our Services. You are responsible for ensuring compliance with all applicable trade laws.

Agreement to Binding Terms – Summary

By accessing the Site, clicking “I Agree,” “Sign Up,” “Subscribe,” “Buy,” “Order,” or similar prompts, you enter a binding Agreement with Thai Hosting.

If you are a minor or otherwise lack the legal capacity to enter a binding contract, you must have a legal guardian review and accept these terms on your behalf.

If you access the Site on behalf of a business, you affirm that you have the authority to bind your company to this Agreement.

Service Configurations and Third-Party Software

The Services are provided with a standard configuration. You are responsible for configuring the Services to meet your privacy, security, and operational needs. Server hardware configurations may vary by location, and we may alter software settings or relocate servers as necessary.

Please note that third-party software may be included in the Services. You are responsible for obtaining licenses to use any third-party software, which will be governed by the respective provider’s terms. If we provide software licenses, they are provided “as is” with no warranty or assurance of validity.

No Ownership in Equipment or Service Features

Using the Services does not confer any ownership or proprietary rights in the server hardware, software, or other components of Thai Hosting.

Agreement to Binding Terms – Full

Accessing the Site and Services or clicking I Agree, Sign Up, Subscribe, Buy, Order, or related syntaxes on any part of this website or interface of your device shall be deemed as your explicit consent to enter a binding agreement with Thai Hosting and connected parties, consisting of these terms and conditions (Agreement).

When you enter this Agreement, it shall be deemed that you are legally mature and otherwise competent to enter a binding agreement in your jurisdiction, and if you are not, you’re accessing/using the Site and Services under the supervision and guidance of your legal guardians who have entered this Agreement. Anyone that accesses your account or contacts us from the main contact email is deemed to have your full authorization to act on your behalf (be careful to keep your details secure). However, minors of less than 13 years of age are not permitted to access the Site and Services. All activities without properly consenting to these terms and conditions shall be deemed as unauthorized access.

If you enter this Agreement on behalf of your company or business entity, it shall be deemed that you have all the rights and authority to enter a binding agreement on behalf of your company, and if you are not, take your personal responsibility to discharge all your obligation and liabilities that may arise from such unauthorized representation, disclosure of information, infringement of third-party rights, or use of the Services.

When you use the Site and Services, it shall be deemed that you have all the necessary licenses or permissions that may be required in your jurisdiction to upload content, provide web activities, or use any feature or aspect of the Service being made available by Thai Hosting. You will also be liable if you do not hold such licenses.

The Services will be provided with standard configuration and it shall be your responsibility to configure the Services in accordance with your privacy, security, or operational requirements. Please acknowledge that hardware configuration may differ across server locations. We reserve a right to modify software configurations, or to replace or change host server hardware as and when necessary, without any obligations. It shall be your responsibility to reconfigure the Services as per your requirements. We also reserve the right to move servers to a new location, or country, or to move clients onto new servers that could possibly be in a new location or country at any time to maintain operational efficiency (in most situations, we will normally only change servers if a data center is not performing well, or that the server needs to be upgraded, and we will try to keep disruptions to a minimum).

It shall be your responsibility to ensure that your hardware, software, or other components are compatible with required specifications for using the Services. We do not grant any kind of ownership or proprietary rights in equipment or any feature/aspect of the Service being offered by Thai Hosting.

Please acknowledge that third party/proprietary software may be part of the Service and it shall be your responsibility to ensure that you have obtained necessary licenses/user rights for using third party services. Third party services are subject to the terms and conditions of their respective providers. Using the Site and Services shall be deemed as your explicit consent to terms and conditions of our collaborating partners who contribute to the Services.

Limitation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Thai Hosting SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF Thai Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Thai Hosting FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS.

Disclaimer: Server Location and Legal Responsibility

While the dedicated and VPS servers are physically located in Thailand, Thai Hosting is operated by a company located in Hong Kong and governed by Hong Kong laws.

You, the Client, are responsible for complying with all applicable laws and regulations of the Kingdom of Thailand and Hong Kong regarding the use of your server and its Content.

Thai Hosting – including all connected parties involved in the operation of the site and provided services – shall not be liable for any losses, damages, claims, or consequences, including but not limited to any direct, indirect, special, incidental, punitive, or consequential damages, loss of actual or potential business, revenue, savings, profits, goodwill, credibility, peace of mind or other intangible losses that may result to you or any third party in relation to (1) your ability or inability to use the Services being offered or made available on the website, (2) escalated cost of obtaining services from alternate sources, (3) any damage to person or property with regard to any product sold or otherwise distributed in connection with the services being offered on Thai Hosting, (4) unauthorized access to your account or personal information being held on Thai Hosting servers, (5) unsolicited behavior or activities by any subscriber, third party service provider, or other independent business entities on the Site and Services, including but not limited to any violation of third party rights, (6) any interruption of the Services due to technical limitations, maintenance requirements, deletion of data or files, or other circumstances beyond the reasonable control of Thai Hosting, (7) any other matter arising out of or related to your use of the Services being offered or made available on the Site and Services, irrespective of any non-performance, misrepresentation, tort, negligence or statutory responsibilities, or breach of contract by Thai Hosting even if the possibility of such damages or liabilities was already conveyed to it.

These limitations shall apply to the extent permitted in your jurisdiction. In any case, if we are liable for any misrepresentation, negligence of duty, non-performance, tort, breach of contract, restitution or otherwise, our liability shall never exceed the total amount that you paid to Thai Hosting for purchasing any subscription or using services being offered on this website or the minimum amount permitted under the applicable laws governing this Agreement, whichever is less.

All claims shall be initiated within one year from the cause of action, failing which, it shall be deemed that you have waived your right to claim any damages.

Backups and Data Loss

Your use of the service is at your sole risk. Thai Hosting Web Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred, and to maintain all appropriate backups of files and data stored on Thai Hosting servers and/or 3rd party servers. Regardless of the cause of data loss, Thai Hosting is not in any way to be held liable for data loss or the financial losses caused by such data loss.

Dedicated Servers and Virtual Private Server (VPS) – Orders

Server orders involve additional costs and are setup by our server team. Due to this, the customers ordering Thai virtual private servers or dedicated servers through our website accept that payments are sometimes non-refundable, or only partially refundable. This means that, unless approved by Thai Hosting Web Hosting or the managing company, there will be no refund given and that you waive any rights under PayPal or other payment services used to make the purchase.

Unpaid VPS services will also be terminated (deleted) one month after a due payment has not been made. Virtual private server users are normally advanced users, and so, should keep a backup of any important files for this reason. VPSs are also normally used for larger projects, and this is why we do not keep them on our servers if the payments are not made. If you do not pay, you have (at most) 30 days to download your files before your account will be terminated. Please note, in most cases the VPS or server will be suspended before termination. Therefore, be sure to whitelist our email addresses and set up your own reminder for payments.

Tax & VAT

The target customers of Thaihosting.asia are those based in Thailand, or who’s business is based in Thailand. We assume that all customers are based in Thailand personally or via their company setup and therefor do not pay VAT or other taxes outside of Thailand. If you are a customer, and need us to pay VAT in your jurisdiction outside of Thailand, or you need to pay taxes yourself, it is your responsibility to inform us and have this added to your invoice. If you do not, then should we be contacted for said taxes, it will be your responsibility to pay them (we will invoice you for any taxes owed, and any additional costs – such as penalties or legal fees). Simply put, you are liable for any taxes owed outside of Thailand. However, inside Thailand, we will pay any taxes due on our incomes as required by Thai law.

Invoices are only valid for tax if the invoice was emailed to the client, or downloaded from the client area at the time of payment. Invoices records displayed in your client account cannot be used at any time, as these electronic invoice details can change (such as with ownership changes, company changes etc.). The information contained in the client account invoices is not preserved forever. If company details or invoice templates change, the client management system (WHMCS) will change all stored electronic invoices. Hence, invoices should only be downloaded at the time of billing and payment for tax purposes. Previously sent invoices may possibly be incorrect if downloaded from your client account at a later time.

Payments & Refunds

Payment Terms: All payments for the Services are due in advance and are non-refundable, except as provided herein. This includes payments made through any form, including but not limited to PayPal. All refunds, if issued, shall be at the sole and exclusive discretion of the Company, and shall apply strictly to the original product purchased, expressly excluding any add-on services or features, including but not limited to additional bandwidth, dedicated connections, or supplementary IP addresses.

Cryptocurrency Payments: Due to the inherent volatility associated with cryptocurrency, any refund provided for payments made in cryptocurrency (e.g., Bitcoin, USDT) shall also be at the sole and exclusive discretion of the Company and shall be limited strictly to the original product purchased, expressly excluding any add-on services or features. By electing to make payment via cryptocurrency, the Customer expressly waives any right to standard refund periods or guarantees customarily offered for services paid by other means.

Account Credit: In exceptional circumstances, such as a demonstrable service outage or underperformance exceeding a certain timeframe outlined in a separate service level agreement (SLA), Thai Hosting may, at its sole discretion, issue account credit towards future services.

Chargebacks and Disputes: You agree not to initiate chargebacks, refunds, or payment reversals through your payment processor (e.g., PayPal) without prior written consent from Thai Hosting.

Dispute Resolution: In the event of a dispute regarding a payment, you agree to attempt to resolve the dispute directly with Thai Hosting. Should the dispute remain unresolved, you agree to submit to the exclusive jurisdiction of the courts in Hong Kong for its resolution.

Unacceptable Use and Prohibited Content

The following uses and types of content are strictly prohibited on all hosting services and will result in immediate suspension or termination of the account without notice:

1. Royal and Religious Harm: Hosting or linking to any material harmful to the royal or religious institutions in Thailand.
2. Pornographic Content: Any website containing or linking to pornographic material.
3. Illegal and Harmful Content: Content that hosts or promotes illegal activities, including, but not limited to, bittorrent, pirated software, hacking, warez, cracking, backdoors, phishing, trojans, viruses, worms, or any form of malware.
4. Gambling and Gaming: Websites related to gambling or containing gaming servers (e.g., Counter-Strike, Half-Life, Battlefield) are strictly prohibited.
5. High Resource Usage: Audio or video streaming, MP3 files, games, file-sharing, and any activity that requires substantial bandwidth or excessive resources, including certain high-resource scripts (e.g., WordPress MU, Moodle).
6. Malicious Activities: Attempting to gain unauthorized access to other networks or computers, including port scans, stealth scans, or phishing techniques.
7. Copyright and Intellectual Property Infringement: Hosting or linking to any material that infringes copyright, trademark, or other intellectual property rights, or that violates privacy rights.
8. Hate Speech and Defamatory Content: Distributing hate speech, obscene content, abusive language, or any content that could be considered libelous or defamatory.
9. Compliance with Thai Law: Websites that violate Thailand’s Computer Crime Act (B.E. 2550) are prohibited.
10. Spamming: Sending bulk unsolicited emails or using open SMTP connections for unauthorized commercial messages is not allowed. Accounts engaging in spamming may be immediately suspended.
11. Resource Abuse on Shared Hosting:
  - Exceeding more than 50,000 inodes (files) on shared hosting accounts may result in suspension.
  - Using the hosting environment primarily for file storage unrelated to the website’s main purpose is not permitted.
12. Backup and Data Responsibility: ThaiHosting.asia offers limited courtesy backup services (where specified), but clients are solely responsible for maintaining independent backups for all files and data.

Support

All support is provided to clients without charge, but only that which is directly related to the hosting package or registered domain[s]. This support is provided via Email or Support Tickets only. Reply times may vary, depending on clients Support Request, situation urgency, details provided, and sometimes other factors. Staff work different shifts to try and provide 24/7 coverage, but there may not be someone online 100% of the time (staff have to perform other duties to provide a smooth service and assist clients). That said, our support staff normally reply in 0-8 hours, often 0-2 hours, and our server team monitors the servers and has alert systems.

Account Access & Control Policy

When a new account is registered with Thai Hosting, the process requires the creation of customer records for the account.

If a person contacts Thai Hosting and requests access to a client account, hosting, or a domain registered with Thai Hosting, but presently doesn’t have access to the account (such as a forgotten password), Thai Hosting will grant access to the person after confirming his or her account ownership. Contacting us via the registered contact email or the client account shall be deemed as reasonably sufficient for such verification.

If you believe that this information has been obtained by someone or hacked, you must contact us immediately. We will only send information to the registered email. Should you not have access to this email account, you will need to prove your identity by providing the following information, as determined by Thai Hosting staff:

Full name as registered on the account
Registered email address/es
Company or home address as registered on the account
Registered contact number
Any payment information associated with the account
Payment instrument, credit card, or photo identification of the account holder
Details of products held within the amount

If you are unable to provide adequate proof of your account ownership, Thai Hosting will not give access or reset passwords unless served with a verified order of a court or Internet Corporation for Assigned Names and Numbers (ICANN), demanding Thai Hosting to grant access to your account.

By using our services, clients acknowledge and accept the aforesaid policies and procedures regarding access and control of user accounts (access and control policy). By consenting to our access and control policy, you also waive your rights to raise any claims (for damages, costs, or otherwise) or initiate proceedings (in the form of a lawsuit or otherwise) against Thai Hosting for your inability to access any user account.

Account Setup / Email on file

We will setup your account after we have received payment, sometimes there may be a delay if the transaction is screened/flagged for fraud or unauthorized use of payment instruments. This process can take 1-12 hours, depending upon the information provided. In many cases, setup can be almost instant. It is your responsibility to provide us with an email address which is not using the domain(s) you are signing up products or hosting for (it should be a separately hosted email account). If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and up to date at all times.

Not being able to contact may result in the termination of your account or services. As the account details may also be used for domain registration, it is possible that the domain could be lost in the future should ICANN deem the information false. Hence, it is important to only use correct information.

Clients shall be legally responsible for any and all uses of their account, whether being used by them or any third party on their behalf. Should the account use compromise server security, the account holder will be liable for all violations of the terms of service. We advise using strong passwords, report any suspected breach immediately, and do not give access to any other parties. If clients use a form of ‘social sign in’ to register or use their account, they must make sure that these social accounts are also kept secure. Wherever possible, we recommend using two step verification for your registered email[s] and social account[s], along with strong passwords that are not repeated anywhere else in order to keep your account secure. Using a password manager can help to keep track of passwords and to make the use of strong passwords much easier.

It should be noted that our data retention policy for accounting (invoices/receipts), client account profiles and records, tickets, and any other information submitted to us is set to 72 months from the time that a client becomes inactive. Important Note: It is the presence of paid invoices, transactions, active products, or client logins that define which client records are kept or removed.

Email

To ensure that all emails are received, please add any email addresses we use to contact you to your email provider’s white-list/safe-list (you should check your email provider’s spam/junk folder after signing up, if you do not initially receive our emails).

This will help to make sure emails are received. Renewals of domains, hosting, servers, and other services will ONLY BE ADVISED VIA EMAIL. Hence, it is important to add these email addresses or to at least regularly check your spam folder or our client area.

We suggest, at a minimum, whitelisting:

support [at] serverly.host

If you signed up before October 1^st 2024, you might also need to whitelist the following, depending on where you signed up for hosting services:

support [at] thaihosting.asia

info.mb [at] thaihosting.asia

support.mb [at] thaihosting.asia

info [at] thaihosting.asia

support [at] 21Thai.com (for legacy shared hosting and domain clients only)

Content

All services provided by Thai Hosting may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the United States of America, United Kingdom, Singapore, Hong Kong, and Thailand apply to clients. The laws of the client’s residency or place of residence may also be applied to the client by their local authorities. The customer agrees to indemnify and hold harmless Thaihosting.asia, and any company or person connected with the operation of Thaihosting.asia, from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact us through the contact email or our client area contact form with the relevant information. If the request involves a licensing issue, we may require further documentation.

Examples of unacceptable material on servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / RPG’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Due to the laws of Thailand; adult material, gambling, or selling of controlled substances is NOT permitted. Please check your site complies with the law of Thailand and of your area of residence, as you accept full and sole liability and responsibility for any illegal content hosted in your account.

Using a shared hosting account as a backup/storage device is not permitted.Thai Hosting services, including all related equipment, networks, and network devices are provided only for authorized customer use. Thai Hosting systems may be monitored for all lawful purposes, including but not limited to ensuring authorized use or management of the system, facilitating protection against unauthorized access, and to verifying security procedures, survivability, and operational security of the Site and Services. During such monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of Thai Hosting system[s]constitutes consent to monitoring for these purposes.
We reserve the right to refuse the Services to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice and without refund.
Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at support [at] 21thai.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. In the case of direct customers, your services will be terminated with or without notice. Such violations will be reported to the appropriate law enforcement agency.

It shall be your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When possible, you shall set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

The zero tolerance spam policy only applies to shared hosting, as Thai VPS and Thailand dedicated servers are managed by the customer and we do not monitor their files or activities unless a complaint is lodged. However, server customers should also follow the laws of the Kingdom of Thailand.

With shared cPanel hosting services, we take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” may be treated as spam if setup incorrectly. The PHP mail() function is disabled on all shared hosting to prevent spamming from our servers. Hence, all contact forms, lead forms, or email scripts need to use a designated real SMTP email account to send emails. Any user who sends out spam may have their account suspended or terminated, with or without any prior notice, based on the seriousness of the issue.

Sites advertised via SPAM (Spamvertised) may not be hosted on our shared hosting servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups.

No organization or entity listed in the ROKSO may be hosted on our servers. Any account that causes our IP space being blacklisted will be suspended/terminated immediately.

Thai Hosting reserves a right to disable any website, account, database, or aspect of the Services that do not comply with its established policies unless necessary changes are made in compliance with the applicable policies and practices. Thai Hosting may make any such modifications at its sole discretion. Thai Hosting may charge a clean up fee for any account that is used to send any unsolicited e-mails. The clean up fee charge is entirely at the discretion of Thai Hosting.

Payment Information

You shall provide a valid payment instrument and consent to authorize advance payment for the services you are about to receive during the next subscription period. All subscriptions and service charges shall be billed in advance on a recurring basis until and unless you notify Thai Hosting of your desire to cancel any or all services.

All cancellation requests must be made in writing via Email or our client Support System. Once we receive your cancellation request and have confirmed all necessary information with you, we will inform you in writing (typically by email) that your account has been canceled. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through email to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process is intended to reduce the chances of mistakes or fraudulent/malicious requests and make you aware that all files, emails, and content associated with the account will be removed immediately after a cancellation request is processed.

As a client of Thai Hosting, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. The email address provided to us as the main contact email must be kept up to date and checked regularly. It is also advised that clients set a calendar reminder for the dates of expiration of any services provided by Thai Hosting (such as hosting plans, domain names, etc.). Thai Hosting provides a 3-10 day grace period (depending on product) from the time the invoice is due.

Thai Hosting reserves the right to change the payment amount and any other charges at any time.

Cancellations and Refunds

Thai Hosting reserves a right to cancel your account at any time with or without any prior notice.

Abusing the Site and Services or using foul language against our staff in any media or manner will result in a suspension/termination of your account. You may also cancel your subscription at any time by sending a written request to support. Non payment of invoices will also result in suspension, later to be followed by cancellation and deletion of the account.

All shared hosting subscribers who have paid their first invoice will be entitled to an unconditional 30-day money back guarantee on managed shared hosting. Refund requests for shared accounts after the initial 30 days may be refunded on a prorated basis of any unused time at the sole discretion of Thai Hosting.

No refunds will be applicable on dedicated servers regarding the following aspects: administrative fees, installation fees for custom software, and bandwidth plans.

Refunds for servers or VPS will be at the sole discretion of staff regarding the initial 30 day period or after, in order to prevent abuse of our services, guarantees, or promises.

For all services, only first-time accounts/clients shall be considered for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund, even if you have opened a second ‘new’ account with us.

No refunds shall be admissible for the accounts that are canceled, suspended, or terminated for violating this Agreement. Refunds may not be possible and are always at the sole discretion of our staff.

Resource Usage

You should acknowledge and consent that you will not:

Use 25% or more of total system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc. This rule mostly applies to LXC VPS and shared hosting plans.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing or peer-to-peer activities.
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
Run cron entries with intervals of less than 15 minutes. When using PHP include functions for including a local file, including the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include (“php”).

Bandwidth Usage

You will be allocated a monthly bandwidth allowance. This allowance may vary depending on the hosting package you purchase. In case you consume your allocated bandwidth before the end of the current month, we shall be entitled to:

Suspend your account during the rest period of your current unless you purchase more bandwidth at an additional fee or upgrade to a higher level package.
Charge an additional fee for the use of bandwidth in excess of your monthly allocation.
Terminate your account for violating our fair resource usage.

Unused bandwidth shall expire at the end of the current month and in no case carried over to the next month.

Shared bandwidth will be maintained as best as possible to maintain a fast service for all users. However, due to shared bandwidth usage, there may be times when connecting is slower due to spikes in network usage. We implement a generous bandwidth allowance at all data centers, monitor the network, and have load balancing systems in place. Should you experience any issues, please notify support.

Customers who purchase dedicated bandwidth agree that at the start their service will be part of the shared bandwidth pool. Our admins will assess customer usage and requirements to ensure you get the service you need. Should you experience any issues, if you’re paying for dedicated bandwidth you can request that support resolve any issues. Server admins can increase the overall bandwidth of the rack or assign specific IPs to a separate bandwidth pool/traffic filtering system to ensure uninterrupted service.

Suspension and Termination of Unpaid Accounts

Accounts that are not paid for on time will be suspended automatically after 3-14 days from the invoice due date (times vary with the product, the grace period is shortest for VPS plans and 10 days for shared hosting plans). Failure to pay after 1 month from the date of suspension will result in the account being considered for termination (and possibly terminated automatically, depending on service type). Once terminated, the hosting account (including emails, websites, and all other files) will not be recoverable. Hence, if you intend to pay after more than 1 month from the due date, please contact us so that we can provide you with temporary access to backup your website. We recommend all clients backup regularly regardless.

Thailand VPS or dedicated servers will be terminated once one month overdue, whether in active or suspended state. You will receive numerous invoice payment reminders before this occurs.

Missing payments and not providing a good contact email address that you check regularly could result in an account termination that you may miss, especially if you don’t check often. Please always check your contact information is up to date.

Uptime Guarantee

Thai Hosting is committed to providing 99.9 percent uptime, but any physical downtime caused by your specific shared hosting account will be excluded while determining this 99.9% uptime. If your uptime is less than 99.9 percent, you may be entitled to a client account credit equivalent to one-month of hosting, depending upon the web hosting package you have (1/12^th of the hosting package’s price per annum or an extension of 30 days). However, approval of any credit is at the sole discretion of Thai Hosting and only available after we have determined the cause of any downtime.

Third party monitoring or service reports may not be used for justification due to a variety of factors, including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

To request a credit, please contact us with justification. All requests must be made in writing via email. Uptime guarantee applies to only shared hosting.

In all claim cases, credit equivalent to one month of your hosting package’s price shall be the sole remedy for any loss resulting from our failure to provide this uptime assurance. Thai Hosting or any connected parties (such as our data centers, owner, managing company, staff, etc.) shall not be liable for any claim, liabilities, or damages to you or your clients for any loss of business. Thai Hosting makes no warranties of any kind, expressed or implied for the services provided.

Price Change

All prices, promotions, or special offers shall be subject to change at any time. However, the applicable price for hosting services from the date of your purchase will not be changed unless a price increase becomes necessary for providing the services (we try to keep prices the same for existing clients – domains, licenses, and SSL products are excluded from this, as price changes are outside of our control).

We reserve a right to change the prices listed on Thaihosting.asia or increase/decrease the amount of resources applicable to listed plans at any time. We may also make occasional changes to the existing plans.

Indemnification

You shall indemnify and defend Thai Hosting, its parent, partners, subsidiaries, licensors, service providers, affiliates, assigns, and each of their directors, officers, employees and agents (indemnified parties), holding them harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees that may arise out of or relate to:

Your use of the Services being offered on this website, including but not limited to any product or service sold/performed or promised to be sold/performed by the agents, employees, assigns, or the customers of Thai Hosting.
Your non-compliance with the applicable laws or any breach of this Agreement.
Your infringement of third-party rights, including but not limited to any copyright violation or infringing material supplied by you in relation to the services being offered on this website or otherwise.
Your acts and omissions that result in any kinds of liabilities to the indemnified parties, including but not limited to any injury to person or property with regard to products sold or otherwise distributed in connection with Thai Hosting.
Any defective products sold to customers from Thai Hosting’s server.

Disclaimer of Warranties

Thai Hosting disclaims all warranties, undertakings, conditions, or representations to the maximum extent permitted under the laws. This includes loss of data resulting from delays, no deliveries, wrong delivery, loss of data, data leaks, suspensions, and any and all service interruptions caused by Thai Hosting.

The Services are being offered on as-is and as-available basis without creating any kinds of implied guarantees arising out of or related to any course of dealing, usage, or trade practices involving the services being offered on this website. You shall use the Services at your own risks and discretion.

We do not claim that you will be able to register, renew, or transfer domain names in a hassle-free manner or within time (which could result in domain loss). As of 2024, we recommend customers use their own registrar accounts for important domains, as we currently only provide domain services only as a convenience for existing customers who already have a domain registered through our website (no new registrations are permitted). Customers can transfer their domains to another registrar by requesting an EPP/Auth code from the client area, support ticket, or email. We recommend that customers consider moving any important domains to their own registrar account as soon as possible. If they are not moved, Thai Hosting cannot be held accountable for any losses or issues, including the potential loss of domain names.

We hereby disclaim all warranties, whether express or implied, with regard to accuracy, authenticity, reliability, security, availability, merchantability, non-infringement, fitness for a particular purpose, or suitability of the Services as per your needs, preferences, or expectations. The representatives of Thai Hosting are not entitled to make any such claims which have not been clearly mentioned in this Agreement.

We do not claim that the Site and Services will be free from errors and omissions, technical limitations, viruses, malicious codes or scripts, infringements, or interruptions, and all such occurrences will be restored/corrected on time.

We do not claim that the content on the Site and Services, including but not limited to any views, reviews, suggestions, recommendations, information, material, service, or merchandise will be accurate, reliable, relevant, correct, complete, timely, available, or suitable as per your requirements or expectations.

We disclaim any and all kinds of special relationship or fiduciary duty regarding the Services being offered or made available on this website. Thai Hosting shall not be liable for your clients/subscribers who gain access to the Services, content that you or your clients may access, or how you or your subscribers interpret the content being made available through the Services.

We disclaim all warranties, undertakings, and representations with regard to the services being offered by third party service providers. Any warranty provided by such third parties to Thai Hosting shall never extend to you or your clients. Featuring third party trademarks or service marks shall never denote any kind of endorsement or recommendation for third party products and services.

This disclaimer shall apply regardless of whether the issue[s] was or was not caused by Thai Hosting, its employees, or any third parties carrying out work on behalf of Thaihosting.asia.

Arbitration

The parties to this Agreement shall consent to resolve all their disputes through mutual negotiations. By using any Thai Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against Thai Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Thai Hosting’s choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.

The arbitrator should have rights to resolve any dispute on a class, collective, or representative basis or award any punitive or consequential damages. All arbitration shall take place on an individual basis. The parties shall waive their rights to class, collective, or representative action.

The dispute shall be finally settled by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in effect at the time the arbitration is commenced. The number of arbitrators shall be one.

The arbitration shall be governed by the laws of Hong Kong.

Language: The language of the arbitration shall be English.

Confidentiality: All proceedings in the arbitration shall be confidential.

Enforcement: The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

All decisions rendered by the arbitrator will be binding and final, but the parties shall be entitled to move any competent court for enforcing the arbitration agreement or obtaining injunctive or other relief.

Communications

All declarations, notices, and communications between the parties shall take place through the electronic delivery system and deemed as written communication. The parties shall be obligated to promptly inform the other party about any change in their communication address, failing which the last known correspondence shall be deemed as the official address for communication.

Changes to this Agreement

Thai Hosting reserves a right to modify, add additional terms, or remove terms without notifying subscribers. We may modify or revise our policies at any time and without any prior notice. If this is not agreeable, please do not use Thaihosting.asia or any third party service connected to the Thai Hosting website.

Any changes to the TOS will be posted here on the Thaihosting.asia website under ‘Terms and Conditions’ and/or the ‘Privacy Policy.’The use of any services from Thai Hosting or connected 3rd parties will constitute the subscriber’s acceptance of the modified Agreement, including the process, procedures, policies, and guidelines incorporated into this Agreement.

It shall be your responsibility to regularly visit this Page and stay up-to-date. We recommend re-reading it regularly.