• Home
• Web Design
• Packages
• Other Services
• TV Ads
• Ballet
• Artwork
• Contact Us
• Client Area

Terms Of Service

ACCEPTANCE OF TERMS
CHHAY MAM welcomes you. These terms apply to the use of this website at www.chhaymam.com and any of its sub domains. By accessing this website and/or registering for any related services, you agree to be bound by these terms. Using this website indicates that YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. If you do not accept these terms, do not use this website.
INTRODUCTION

You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

LICENCE

1. You are permitted to print and download extracts from this Website for your own use on the following basis:
   (a) No documents or related graphics on this Website are modified in any way;
   (b) No graphics on this Website are used separately from accompanying text; and
   (c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
2. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the allowances above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
   Subject to clause the allowances made above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
   Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS

1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

VISITOR MATERIAL AND CONDUCT

1. Other than personally identifiable information, which is covered under the Privacy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
2. You are prohibited from posting or transmitting to or from this Website any material:
3. (a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
   (b) For which you have not obtained all necessary licences and/or approvals;
   (c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
   (d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4. You may not misuse the Website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms.

Links to and From Other Websites

1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
3. (a) You do not remove, distort or otherwise alter the size or appearance of the Third Arc logo;
   (b) You do not create a frame or any other browser or border environment around this Website;
   (c) You do not in any way imply that we are endorsing any products or services other than our own;
   (d) You do not misrepresent your relationship with us nor present any other false information about us;
   (e) You do not otherwise use any Third Arc trade marks displayed on this Website without our express written permission;
   (f) You do not link from a website that is not owned by you; and
   (g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4. We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.
   You shall fully indemnify us for any loss or damage we, or any of our group companies may suffer or incur as a result of your breach of these terms.

Registration

1. To register with www.chhaymam.com you must be over eighteen years of age. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
2. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
3. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

Disclaimer

1. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
2. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

Liability

1. We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Nothing in these terms and conditions shall exclude or limit our liability for:

   (a) Death or personal injury caused by negligence;
   (b) Fraud;
   (c) Misrepresentation as to a fundamental matter; or
   (d) Any liability which cannot be excluded or limited under applicable law.
2. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
3. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Hosting Terms Of Service

CHHAY MAM reserves the right to refuse service and/or access to its servers and/or services to anyone. All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties. CHHAY MAM does not allow any of the following content to be stored on its servers: Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content. Excessive download content or non-linked content. Content containing viruses, spyware or other malicious content.
Refusal of service based on content matching any of these criteria is entirely at the discretion of CHHAY MAM. CHHAY MAM reserves the right to move your data to a different server without previous notice. The Customer remains responsible for the use of all content uploaded, transmitted or downloaded using CHHAY MAM’s services. The Customer shall not access the Software, its Content or data in any way other than through the interface that is provided by CHHAY MAM for this purpose. It is the responsibility of the Customer to keep access to these means secure. The hosting Services provided by CHHAY MAM are managed on behalf of the Customer and the cost of the Services will reflect this. To increase the security of the Service offered, Customer data can only be accessed through the user interfaces made available by CHHAY MAM. FTP access will not be configured on the web server. No additional access to the server, its files or databases will be granted to the Customer or any of its agents. If you require a self managed Service, please use an alternative hosting provider.
Service Availability

1. The Customer acknowledges that CHHAY MAM’s systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or Software upgrades, telecommunication connectivity problems or other causes outside its control.
2. CHHAY MAM agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable. CHHAY MAM excludes liability for any loss of profit caused to the Customer as a result of the system not being fully operational. Websites, web applications and other hosted Software will only be available during the period of subscription to the hosting Services provided by CHHAY MAM.

Domain Name Terms Of Services

CHHAY MAM will act on the Customer’s behalf to register its domain names.
ICANN oversees the .com, .org, .mobi and .net top-level domains. Upon CHHAY MAM’s receipt of domain name registration information from the Customer, CHHAY MAM shall submit the information to its Registrar on the Customer’s behalf for submission and processing. Even when payment has been taken, a Customer will have no rights to a domain name until it has been confirmed that the registration has been successful. It is the Customer’s responsibility to check that registration has been successful within 14 days of the order date.
Selection of a Domain Name
The Customer represents that, to the best of the its knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name
is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever. By registering or renewing a domain name, the Customer agrees that they or the third party they are acting on behalf of has read and agrees with the Terms and Conditions of the relevant governing body for that domain.
.name Restrictions
Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
Third Party Terms
By using CHHAY MAM to register and manage domain names on your behalf you are also bound by third party terms and conditions of the Registrars of CHHAY MAM and the associated governing bodies. These are separate contracts independent of any agreement with CHHAY MAM. Further information can be found at the website addresses below:

.com, .org, .us, .me, .mobi and .net domain names:

1. Enom terms and conditions : http://www.enom.com/help/HostTerms.asp

Service Availability

1. The Customer acknowledges that CHHAY MAM’s systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or Software upgrades, telecommunication connectivity problems or other causes outside its control.
2. CHHAY MAM agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable.
3. CHHAY MAM excludes liability for any loss of data or profit caused to the Customer as a result of the system not being fully operational. All services associated with a domain name will only be available during the registered period of the domain name.

Support

1. CHHAY MAM will endeavour to provide a continuous high quality service. If you experience problems with your service, you should contact Third Arc support. CHHAY MAM may require suspension of some services for short scheduled periods to carry out maintenance or repair to these services. Information concerning scheduled downtime is available from the Third Arc Customer Area.
   Payment Policies
2. All accounts are set up on a prepay basis. Although CHHAY MAM reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the customers email address held by CHHAY MAM. Payment is due every 365 days, from the date the account was established. If payment is not received by the due date CHHAY MAM reserves the right to suspend all services to the customer until payment has been received. As consideration for CHHAY MAM providing domain name registration services to you, you agree to pay CHHAY MAM, prior to the approval of the desired domain name registration, the amounts set forth in the CHHAY MAM Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals. Your application will not be registered until CHHAY MAM receives actual payment of the registration fee. If CHHAY MAM does register a domain name prior to payment of the registration fee, CHHAY MAM reserves the right to cancel that registration or restrict use of the domain name until payment has been received. In the event of a charge back by a credit card company or other payment provider authorised by CHHAY MAM, the domain name registration shall be transferred to CHHAY MAM as the paying entity for the registration. CHHAY MAM may reinstate the domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently $100.
3. In situations where the card number on file is declined CHHAY MAM will immediately suspend the facility to purchase services until the outstanding charge is processed successfully. In addition, CHHAY MAM reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer sends a written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be sent directly to the Customer’s email address held by CHHAY MAM.

Changes to the Terms of Service

1. The Customer acknowledges and recognises that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledges and agrees that CHHAY MAM may modify these Terms of Service as necessary from time to time to comply with any agreements by which CHHAY MAM is or will be bound, and to adjust to changing business circumstances. The Customer’s continued use of the registered domain name constitutes acceptance of these Terms of Service and amendments. If at any time it does not agree to such changes, it agrees that its sole remedy is to request that the domain name registration be cancelled or transferred to a different domain name registrar. The Customer acknowledges and understands that when any domain name is cancelled, fails to renew or is transferred to another domain name registrar, that any Services provided by CHHAY MAM and associated with that domain name will cease.

Domain Name Registration Information and Its Use

1. Information the Customer is required to Submit as part of the registration process, the Customer is required to submit to CHHAY MAM and keep updated the following information in connection with its application for domain name registration:
   (a) the domain name to be registered;
   (b) the domain name holder's name and mailing address;
   (c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name;
   (d) and the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
2. The Customer shall provide and maintain updated and accurate information at all times with CHHAY MAM. CHHAY MAM at its discretion may refuse to renew any registrations unless the Customer maintains current and updated information at all times.

Disclosure and Use of Registration Information

1. The Customer agrees to authorise CHHAY MAM to provide any information to its Registrars on its behalf and to other third parties as the registration and renewal process and applicable laws may require or permit. In addition, the Customer acknowledges that CHHAY MAM’s Registrars may establish guidelines, limits and requirements that relate to the amount and type of information that CHHAY MAM may or must make available to the public or to private entities, and the manner in which such information is made available. The Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. The Customer hereby irrevocably waives any claims and causes of action it may have arising from such disclosure or use of the domain name registration information.

Personal Details

1. Customer’s email is primarily used for billing purposes, CHHAY MAM reserves the right to email information to the Customer about enhancements to its systems and product offerings. The Customer can unsubscribe from marketing communications within its CHHAY MAM control panel. CHHAY MAM will not provide any of the Customer’s personal information to other companies or individuals without its permission. However, it may need to provide the Customer’s details to third parties that CHHAY MAM may use for the purposes of delivering specific services to the Customer.

Contract Terms

1. This Agreement shall remain in full force during the length of the term of the domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should the Customer choose to renew or otherwise lengthen the term of its domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
2. To ensure that Customer domains are not lost CHHAY MAM operates a positive renewal system. Customers’ domains will be renewed automatically for the term originally registered for unless the Customer opts-out of this service in advance, or payment for the renewal is not received by CHHAY MAM before the renewal date.
3. CHHAY MAM's domain renewal process is automated; however, it is the Customer’s responsibility to check that its renewal has been successful within 14 days of the renewal date. Customers to lookup the registration details for a domain www.chhaymam.com/clientexec. It is the Customer’s responsibility to ensure that all outstanding payments have been received by CHHAY MAM for the renewal of its domain name(s), before the renewal date, otherwise the Customer could loose the domain name and all Services associated with that domain name would cease.

Cancellations and Transfers

1. All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term. Customers will be required to complete a Closure Confirmation form, authorising the cancellation of the domain name and its renewal. On receipt of a completed Closure Confirmation form, the account will be scheduled to close. CHHAY MAM will acknowledge the closure by sending an email to the email address registered on the account. If CHHAY MAM does not receive the completed Closure Confirmation form within 14 days of sending, the cancellation request will be discarded and the account/package will remain open. Any domain name registered to the Customer and associated with any of the Services provided by CHHAY MAM will need to be transferred to the new hosting provider before the cancellation date.
2. The Customer can transfer their domain name away from CHHAY MAM at any time providing that the Customer has no outstanding debts to CHHAY MAM. A standard administration charge of $10 will apply to the transfer of any domain names to another provider. The Customer understands that once the domain name has been transferred or cancelled, any Services associated with the domain name and supplied by Chhay Mam will cease.
3. Any incentives that were offered to Customers when opening their account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives, in the result of a cancellation. CHHAY MAM, in its sole discretion, may terminate the Customer’s password, account (or any part thereof) or its use of CHHAY MAM Services at any time with or without notice. It may immediately deactivate, archive or delete the Customer’s account and all related information and files and/or bar any further access to such files or accounts.
4. CHHAY MAM may in its sole discretion and at any time discontinue providing any of its Products and Services, or any part thereof, with or without notice. The Customer agrees that any termination of its access to these Services under any provision of these Terms of Service may be effected without prior notice.

Refunds

1. Fees charged on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable. In the event that CHHAY MAM cancels the Customer's service, the customer will be entitled to a pro rata refund based upon the remaining period of service. If a Customer contravenes CHHAY MAM's Terms of Service a refund may not be issued in the event of a cancellation.

Limitation of Liability

1. The Customer agrees that CHHAY MAM shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if CHHAY MAM has been advised of the possibility of such damages, and in particular CHHAY MAM will not be liable for the following:
   (a) suspension or loss of the Customer’s domain registration;
   (b) use of the Customer’s domain name registration;
   (c) interruption of the Customer’s business;
   (d) access delays or interruptions to any web sites accessed by the Customer’s registered domain name;
   (e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
   (f) events beyond the reasonable control of CHHAY MAM;
   (g) processing of an application for domain name registration. CHHAY MAM shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by its Registrar arising out of or related to the Customer’s application, receipt of, or failure to receive a domain name registration.

CHHAY MAM's maximum aggregate liability shall not exceed the greater of:

1. the total amount paid by the Customer for registration of the domain name;
2. and $12 (United State Dollar).

Indemnification of CHHAY MAM

1. The Customer agrees to defend, indemnify and hold harmless CHHAY MAM and its Registrar, including the employees, directors, officers, representatives, agents and affiliates of CHHAY MAM, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the General Terms of Service.

Disclaimers and Warranties

1. The Customer represents and warrants that:
   (a) all information provided in connection with its domain name registration is accurate;
   (b) and neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
2. The Customer acknowledges and agrees that all domain name registration services provided by CHHAY MAM are provided on an "as is" basis. CHHAY MAM makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose.
3. CHHAY MAM makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunise the Customer from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to the Customer. No Guarantee. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation, or use of the domain name.
4. CHHAY MAM shall not be liable for any services or products to be supplied by any third party. CHHAY MAM shall not be liable for any loss or damage of whatsoever nature suffered by the Customer arising out of or in connection with any breach of these Terms of Service by the Customer or any act, misrepresentation, error or omission made by the Customer or on the Customer’s behalf.
5. CHHAY MAM will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the Customer or for any wasted management time or failure to make anticipated savings or liability incurred to any the Customer or any third party arising in any way in connection with these Terms of Service or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss. CHHAY MAM shall not be liable for any interruptions to the services or outages arising directly or indirectly from:
   a) interruptions to the flow of data to or from the internet;
   b) changes, updates or repairs to the network or software which it uses as a platform to provide the services;
   c) the effects of the failure or interruption of services provided by third parties;
   d) factors outside of CHHAY MAM’s reasonable control;
   e) the Customer’s actions or omissions (including, without limitation, breach of its obligations set out in these Terms of Service) or those of any third parties;
   f) interruptions to the services requested by the Customer.
6. CHHAY MAM makes no warranty that:
   a) Its Products or Services will meet your requirements or expectations;
   b) That the Services will be uninterrupted, timely, secure, or error-free;
   c) Any errors in the Software or Services will be corrected.

Breach and Revocation