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Z.com Master Service Agreement

1. Information

1.1NetDesign Host Co., Ltd. is a limited liability company incorporated under the laws of Kingdom of Thailand (hereinafter referred to as the “Z.com”) providing online services including domain name registration, hosting services, SSL certificates service and website creation service.
1.2PLEASE READ THIS MASTER SERVICE AGREEMENT CAREFULLY. This Master Service Agreement (hereinafter referred to as the “Agreement” or “MSA”) sets out the terms and conditions on which you may use products and services (hereinafter referred to as the “Services”) from Z.com. This Agreement is entered into by and between Z.com and you, and is made effective as of the date of your use of Services. It shall be binding upon the parties hereto and their respective successors, legal representatives, permitted assigns and sub-contractors. Agreeing to use the Services by clicking "Sign up" constitutes your acceptance and agreement to be bound by these Terms and Conditions, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you,
1.3For any further information on our services, you may contact us:
E-mail: hosting.th@z.com
Fax:/Phone: 02-641-0022 / 02-642-0405

2. Definitions

2.1“We”, “us” or “our” means Z.com.
2.2“You”, “your”, “user” or “customer” means any individual or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2.3“Business day” means every official working day other than Saturday, Sunday or any official holiday in Thailand.
2.4“Confidential Information” means any and all confidential or proprietary information or materials or data which have been or are hereafter disclosed or made available by one party (the “Disclosing Party”) to the other (the “Receiving Party”) in connection with this Agreement and/or Order(s), whether provided in any form or media, including without limitation: all trade secrets; existing or contemplated products, services, designs, technology, processes, technical data, engineering techniques, methodologies and concepts and any related information; information relating to business plans, sales or marketing methods and customer lists or requirements; and customer-specific terms or pricing set forth in this Agreement and/or any Order.
2.5“Content” means all content, data, video, templates or information in any form that is uploaded through Z.com Services by the customer including any such Content that is ingested into the Z.com Services from third parties at the direction of the customer.
2.6“Deliverables” means any tangible and intangible materials including a document, software, development work or design that are prepared and provided by Z.com or its subcontractors in the course of performing the Services.
2.7“Z.com Property” means all Intellectual Property used or developed by Z.com to provide the Services, including without limitation the text, software, source code, APIs, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein.
2.8“Intellectual Property” means any and all inventions, patent applications, patents, design, copyrights, trademarks, service marks, trade names, domain name, mask work, know-how and other trade secret, and all other intellectual property, derivatives thereof, and forms of protection of a similar nature anywhere in the world (whether registered or unregistered and including the right to register such intellectual property) that are, in each case, protected under the laws of any governmental authority having jurisdiction.
2.9“Order” means the Z.com Domain Name Registration Service Order, Z.com Hosting Service Order, Z.com SSL Service Order and/or Z.com ShopUp Service Order which are integral parts of this Agreement.

3. Warranties and Representations

3.1If you are an individual and are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind such entity to all of the terms and conditions of this Agreement.
3.2Z.com represents and warrants that (i) it either owns fully and outright or otherwise possesses and has obtained all rights, approvals, licenses, consents and permissions as are necessary to perform its obligations hereunder, exercise its rights hereunder and to grant the licenses granted by it under this Agreement and (ii) the Z.com Services, as used by the customer in accordance with this Agreement, does not, and shall not, infringe, violate or misappropriate any third party's rights.
3.3The customer represents and warrants that (i) it either owns fully and outright or otherwise possesses and has obtained all rights, approvals, licenses, consents and permissions as are necessary to perform its obligations hereunder, exercise its rights hereunder and to grant the licenses granted by it under this Agreement and (ii) the Content used through the Z.com Services, as enabled by the customer, directly or indirectly, does not, and shall not, infringe, violate or misappropriate any third party's rights.
3.4Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

4. Provision of Services and Orders

4.1This Agreement shall apply each time Customer engages Z.com to provide Services. Services do not include any Third Party Products or Services that may be purchased by Customer from a third party or procured for Customer by Z.com, including without limitation extended warranties on Third Party Products offered by the manufacturer thereof.
4.2You may enter into Order(s) with us which describe each Service you may use. You could access and enter into the Z.com Domain Name Registration Service Order at https://domain.z.com/th/, Z.com Hosting Service Order at https://hosting.z.com/th/, Z.com SSL Service Order at https://ssl.z.com/th/, and Z.com ShopUp Service Order at https://shopup.z.com/th/. Service Order and its Terms shall be an integral part of this Agreement. In the event of any inconsistency between this Agreement and any Order, the terms of the Order take precedence over this Agreement, to the extent of the inconsistency.
4.3We may provide you with the Services in accordance with this Agreement and the terms of an Order or Orders you have made. We have no obligation to provide any Services requested by you until execution of an Order with respect to those Services.
4.4Subject to the terms and conditions of this Agreement, Orders and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide the Services.

5. Maintenance Services

5.1During the Term of Services, Z.com will perform the repair or maintenance services at its own costs unless otherwise agreed between the parties.
5.2If a damage to the Services is as a result of misuse or abuse of the system or component (such as, but not limited to, use of incompatible devices or accessories, or failure to follow operating instructions) by the customer, the costs of maintenance services shall be borne by the customer.

6. Account

6.1In order to use the Services, the customer needs to create an Account at the Z.com website: https://cloud.z.com/th/signup/ by its username(s) and password(s) (hereinafter referred to as “Credentials”. An "Account" is a single point of entry through which the customer accesses and uses the Z.com Services. The customer is solely responsible for all activities occurring in customer’s Account(s), whether authorized by the customer or not, and the Z.com shall have the right, without further inquiry, to rely on the provision of customer’s Credentials as sufficient to authenticate customer’s use of the Service(s). The customer must notify Z.com immediately of any breach of security or unauthorized use of its Account. Z.com will not be liable for any loss the customer incurs due to any unauthorized use of its Account.
6.2Accounts can be created by persons 18 years of age or older. If you are less than 18 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
6.3You agree to provide true, accurate, current and complete information about yourself when you create your Account (hereinafter referred to as the “Account Information”) and maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Z.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Z.com has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.

7. Customer’s Obligations

7.1The customer acknowledges and agrees that its use of the Services, including any content it has submitted, will comply with this Agreement, Orders and the laws and regulations of Kingdom of Thailand.
7.2The customer covenants that it shall not use the Services in a manner (as determined by Z.com in its sole and absolute discretion) that:
(a) is illegal, or promotes or encourages illegal activity;
(b) promotes, encourages or engages in child pornography or the exploitation of children;
(c) promotes, encourages or engages in terrorism, violence against people, animals, or property;
(d) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
(e) infringes on the intellectual property rights of Z.com, another User or any other person or entity;
(f) violates the rights of Z.com, another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
(g) interferes with the operation of the Services;
(h) contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
(i) contains false or deceptive language, or unsubstantiated or comparative claims, regarding Z.com or the Services.
(j) send commercial advertising and/or bulk emails or faxes without recipient’s prior consent to receive messages from you.
7.3TThe customer shall not copy or distribute any part of the Services or Z.com Property without Z.com's expresses prior written consent. Written consent of the parties may be made by email or fax or attachment to an email, or by other means.
7.4The customer shall not re-sell or provide the Services, including any of Z.com’s related technologies, without Z.com's express prior written consent.
7.5The customer shall not modify or alter any part of the Services or any of its related technologies.
7.6The customer shall not access Z.com Property or the customer’s content, which posted or published or submitted through the customer’s Account (“User Content”), through any technology or means other than through the Services, or as Z.com may designate.
7.7The customer agrees to back-up all of its User Content so that the customer can access and use it when needed. Z.com does not warrant that it backs-up any Account or User Content, and the customer agrees to accept as a risk the loss of any and all of its User Content.
7.8The customer is aware that Z.com may from time-to-time contact with him or her about his or her Account, and that, for the purposes of any and all such contact(s), the customer does not have any reasonable expectation of privacy during those contacts; indeed the customer hereby consents to allow Z.com, in its sole discretion, to record the entirety of such contact regardless of whether Z.com asks the customer on any particular contact for consent to record such contact. The customer further acknowledges and agrees that, to the extent permitted by the laws of Kingdom of Thailand, any such recording(s) may be submitted as evidence in any legal proceeding in which Z.com is a party
7.9If the customer posts or publishes or submits any of its User Content through or to the Services, the customer represents and warrants to Z.com that:
(a) The customer has all necessary rights to post or publish or submit its User Content through or to the Services and;
(b) Its User Content does not violate the rights of any third party.

8. Z.com’s obligations

8.1Z.com agrees to (a) make the Services available to the customer in accordance with this Agreement, including any current Order; and (b) perform any other obligations expressly identified in any current Order.

9. Fees and Payments

9.1The customer shall pay Z.com the fees set forth, from time to time, on the website(https://z.com/th/)
9.2The customer shall make its payment in accordance with the “Payment Methods” set forth in this Agreement and/or the relevant Order. Payment may be made by valid credit card, bank transfer, online payment such as “Paypal”, deposit payment “Z.com Pre-Pay”, check, or in cash. Such payment shall be made, without set-off, by due date.
9.3The Customer shall be responsible for and shall pay any applicable taxes or duties, tariffs or the like applicable to Customer’s Order (except for taxes on Z.com’s income). All payments shall be made without deduction for withholding taxes except the payment under corporate or company which should be complied with the tax rules and regulations of Revenue Department of Thailand.
9.3.1Under corporate's payment, it is the customer's responsibility to provide the withholding tax certificate to Z.com. Upon receiving the withholding tax certificate, Z.com will provide the official receipt to the customer.
9.3.2If the customer pays in full amount without deduction of withholding tax amount, it is not Z.com's responsibility to submit such withholding tax amount to government authority.
9.4If Z.com pursues collection efforts against Customer due to Customer’s failure to pay fees due under this Agreement and/or Order, the Customer shall pay Z.com’s reasonable costs of collection, including any attorneys' fees related thereto.
9.5To the extent permitted by the laws of Kingdom of Thailand, the fees payable under this Agreement and/or Order are non-refundable and non-cancelable, even if customer’s use of the Services are suspended, terminated, or transferred prior to the end of the Term.
9.6Z.com may, in its sole and absolute discretion, change or modify fees, at any time, and such changes or modifications shall be effective immediately upon posting to its website. If a customer has purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for its renewal.

10. Term

10.1This Agreement shall begin on the Commencement Date of each Order (as described in each Order) and shall remain in effect until such Order has expired or been terminated in accordance with this Agreement and the terms of each Order. The Term may be renewable by the customer pursuant to the terms of each Order.
10.2Regarding to the renewal procedure, we send invoice and notify the fee for renewal services or domains by email or phone call before they are expired. On payment of the fees to Z.com, and after acceptance of the application, Z.com may proceed with the designated procedure.

11. Termination

11.1Either the Z.com or the customer may terminate this Agreement or Order, with or without a reason, by giving at least ten (10) business day prior written notice to other party unless otherwise provided in the Order.
11.2Without prejudice to any other rights of Z.com under this Agreement or the laws of Kingdom of Thailand, Z.com may immediately, in its sole and absolute discretion, suspend the performance of its obligations or provision of Services(including remove and destroy any User Content) and/or may terminate this Agreement or Order, at any time and without prior notice if:
(a) you fails to pay any fee due to Z.com;
(b) you materially breach any provision of this Agreement or Order;
(c) you suffer an Insolvency Event;
(d) your use of the Services deemed to be inappropriate;
(e) Z.com has reason to believe that you are a repeat offender;
(f) you are abusive, harassing or threatening Z.com and/or any of Z.com's employees;
11.3Notwithstanding the above clauses, Z.com expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason, including but not limited to the following:
(a) To correct mistakes made by us in offering or delivering any Services (including any domain name registration);
(b) To protect the integrity and stability of, and correct mistakes made by, any domain name registry;
(c) To assist with our fraud and abuse detection and prevention efforts;
(d) To comply with court orders against you and/or your domain name or website and Laws;
(e) To comply with requests of law enforcement, including subpoena requests;
(f) To comply with any dispute resolution process;
(g) To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit or;
(h) To avoid any civil or criminal liability which might concern with Z.com, its officers, directors, employees and agents, as well as its affiliates, including, but not limited to, instances where you have sued or threatened to sue us.

12. Consequences of Termination

12.1If this Agreement is terminated, the customer shall pay Z.com the amounts specified in each Order relating to Service(s) performed by Z.com up to and including the date of termination, as well as any additional costs or expenses which Z.com has incurred or contracted for with respect to the Services and is unable to avoid. We may invoice for all fees and any other amounts payable to us. You must pay those fees and amounts within 3 days after the date of the termination.
12.2Upon termination of this Agreement and Order, all property of each party in possession of the other party relating to such Service(s) shall be promptly returned, including, without limitation, any deliverable properties provided to Customer by Z.com under such Order(s) but not yet fully paid for by Customer. The customer shall also promptly return or destroy (as determined by Z.com in its sole and absolute discretion) all Confidential Information, (including all copies), held by it, its personnel or otherwise under its control.
12.3Notwithstanding the above clauses, Clauses3, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 24, and 25 shall survive after the date of termination.

13. Intellectual Property

13.1Customer owns and retains all worldwide right, title, and interest in and to all of its Intellectual Property. Except as expressly set forth herein, nothing in this Agreement conveys any right, title, or interest in or to the Customer’s Intellectual Property to Z.com.
13.2Z.com owns and retains all worldwide right, title and interest in and to all its Intellectual Property including without limitation the text, software, source code, APIs, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Z.com Property”). To the extent that any Z.com’s Intellectual Property is included in a deliverable provided to Customer as part of any Services, Z.com hereby grants to Customer a non-exclusive, non-transferable, worldwide right and license to internally use such Z.com’s Intellectual Property solely for use with the related Services. Except as expressly set forth herein, nothing in this Agreement conveys any right, title, or interest in or to the Z.com’s Intellectual Property to Customer or any other third party. Z.com shall own all worldwide right, title, and interest in and to all Work Product delivered to Customer (including without limitation all related Intellectual Property) from the time that it is created, authored, invented, discovered, or first reduced to practice.
13.3Z.com shall retain all intellectual property rights with respect to the processes, tools and software related to the Services. Any use by Customer, including the execution, reverse engineering, decompilation, reproduction, modification, distribution, transmission, republication, display, transfer or performance, except as specifically permitted by Z.com during the Term of Services is prohibited. We provide Z.com Property to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Z.com. Except as provided in this Agreement or Order, we may not grant you any rights in relation to any Z.com Property.
13.4Except as otherwise specifically agreed to in this Agreement,Z.com shall retain exclusive ownership in all of its Deliverables. Subject to payment in full for the applicable Services, Z.com grants Customer a non-exclusive, non-transferable, royalty-free right to use the Deliverables solely for Customer’s internal use. Customer agrees to take all reasonable steps to protect Deliverables under this Agreement, and any related documentation, from unauthorized copying or use. Customer further agrees not to modify, disassemble or decompile any such Deliverables in order to discover the trade secrets contained in the source code or for any other reason.
13.5The customer acknowledges that this Agreement is not a sale, and does not convey to you any rights of ownership in or related to the Services, the Z.com Technology or the Intellectual Property Rights owned by Z.com.

14. Confidentiality

14.1In the performance of the Services, Customer and Z.com may have access to or be exposed to Confidential Information of the other party. Confidential Information may not be shared with third parties unless such disclosure is to personnel of Z.com or Customer, including employees, agents, consultants, and subcontractors, on a “need-to-know” basis in connection with its performance of this Agreement, provided that such personnel have agreed to treat such Confidential Information under terms at least as restrictive as those herein and execute a confidentiality agreement in the form reasonably required by a Party. Each party agrees to take the necessary precautions to maintain the confidentiality of Confidential Information by using at least the same degree of care as such party employs with respect to its own Confidential Information of a like-kind nature, but in no case less than a commercially reasonable standard of care to maintain confidentiality, and shall only make such information available to its employees on a “need-to-know” basis. The Parties ensure that the Confidential Information is secured with the reasonable level of security. The Recipient agrees that it will hold in confidence the Confidential Information disclosed by the Discloser. The Parties shall not use Confidential Information for any purpose other than the performance of this Agreement or Customer’s use of the Services. Each party shall also be liable for all violations of these obligations by its employees and contractors.
14.2The obligations of the Receiving Party under this Clause will not apply to information of the Disclosing Party if such information (i) was in the possession of the Receiving Party at the time of disclosure without any restrictions as to confidentiality of such information, (ii) was generally available to the public at the time of disclosure or became generally available to the public after disclosure through no breach of this Agreement or other wrongful act by the Receiving Party, (iii) was rightfully received by the Receiving Party from a third party without restriction on disclosure, or (iv) is independently developed by the Receiving Party without use of or reference to the Confidential Information.
14.3 The Receiving Party may disclose Confidential Information to the extent required to comply with the laws of Kingdom of Thailand or binding orders of governmental entities that have jurisdiction over it; provided that, to the extent legally permitted, the Receiving Party gives the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
14.4Upon the written request of the Disclosing Party, made by email, fax or other similar means, the Receiving Party shall promptly return or destroy the Confidential Information, including all copies thereof (certifying the fact of such destruction to the Disclosing Party).
14.5The parties acknowledge and agree that any breach of the obligations of this Clause may cause the non-breaching party irreparable harm for which an adequate remedy at law may not be available and that, therefore, the non-breaching party shall be entitled to seek injunctive relief, in addition to all other remedies available at law.
14.6Each party shall promptly notify the other party upon discovery of any unauthorized use or disclosure of Confidential Information and will cooperate with the other party in every reasonable way to help regain possession of such Confidential Information and prevent its future unauthorized use.
14.7The obligations with respect to Confidential Information shall continue for five (5) years from the date of termination of this Agreement.

15. Indemnification

15.1Each party, at its own expense, agrees to protect, defend, indemnify and hold harmless the other party and such other party's officers, employees, directors, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, demands, damages, liabilities, losses, government fines, costs and expenses (including, without limitation, reasonable attorney's fees and litigation expenses)imposed upon or incurred by a Party directly or indirectly arising from (i) the use of the Services; (ii) any violation of any provision of this Agreement or Order which are incorporated herein; and/or (iii) any violation of any third-party right, including without limitation any intellectual property or other proprietary right.
15.2The indemnification obligations in this Clause are conditioned upon: (a) written notice by the indemnified party, made by email or fax or other means to the indemnifying party within 30 days of the indemnified party's receipt of any Claim for which indemnification is sought; (b) counsel for the indemnified party reasonably acceptable to the indemnifying party; (c) approval by the indemnifying party of any settlement of the Claim for which indemnification is sought; and (d) such reasonable cooperation by the indemnified party in the defense as the indemnifying party may request. Notwithstanding anything to the contrary contained herein, the indemnifying party shall not, without the prior written consent of the indemnified party, settle, compromise or consent to the entry of any judgment with respect to any pending or threatened Claim unless the settlement, compromise or consent provides for and includes an express, unconditional release of such Claim against the indemnified party.
15.3If Z.com receives notice of a claim that, in its reasonable opinion, is likely to result in an adverse ruling, then Z.com shall at its option, (i) obtain a right for Customer to continue using such Service or Deliverable; (ii) modify such Service or Deliverable to make it non-infringing; (iii) replace such Service or Deliverable with a non-infringing equivalent; or (iv) refund any pre-paid fees for the allegedly infringing Services that have not been performed or provide a reasonable depreciated refund for the allegedly infringing Deliverable. Notwithstanding the foregoing, Z.com shall have no obligation under this Clause for any claim resulting or arising from (i) Customer’s modifications of the Services or Deliverables that were not performed by or on behalf of Z.com; (ii) the combination, operation or use of the Service or Deliverable in connection with a third-party product or service (the combination of which causes the infringement); or (iii) Z.com’s compliance with Customer’s written specifications or directions, including the incorporation of any software or other materials or process provided by or requested by Customer.
15.4Customer shall defend, indemnify and hold Z.com harmless from, any third-party claim or action arising out of (i) the failure of Customer to obtain the appropriate license, intellectual property rights, or any other permissions, regulatory certifications or approvals associated with Customer-provided technology, software or other components related to the Service, as well as software directed or requested by Customer to be installed or integrated as part of Services, or (ii) any inaccurate representations regarding the existence of a license or any allegation made against Z.com due to Customer’s violation or alleged violation of the laws and regulations of Kingdom of Thailand, and orders.

16. Data Security and Protection of customer system

16.1Z.com will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data which is owned and/or controlled by Customer. Z.com will not modify Customer Data or access Customer Data except to provide the Services and prevent or address service or technical problems, or at Customer's request in connection with Customer support matters.
16.2Z.com shall maintain procedures to promptly notify Customer in the event of loss, misuse, or unauthorized acquisition of Customer Personal Data where such events come to Z.com’s attention.
16.3Although the Z.com will use reasonable endeavors to prevent any damage or alteration of customer in the course of providing the Services, customer understands that it is solely responsible to take appropriate measures to isolate and back up its computer system, including its computer programs, data and files, and to take other actions necessary to protect its system and data. Customer further acknowledges that customer data may be altered or damaged in the course of providing technical services, whether on-site or via remote connection or otherwise.

17. Limitation of Liabilities

17.1IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHICH IS SUFFERED OR INCURRED IN CONNECTION WITH OR RELATING TO THIS AGREEMENT (INCLUDING AN ORDER) OR OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
17.2YOU PARTICULARLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
17.3YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAWS, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL LOSS SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID TO US BY YOU UNDER THE APPLICABLE ORDER IN THE 12 MONTHS PRIOR TO THE LOSS OCCURRING (LESS ANY OTHER CLAIMS PAID BY WE IN CONNECTION WITH OR RELATING TO THAT ORDER IN THAT PERIOD.)
17.4YOU FURTHER ACKNOWLEDGE THAT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Z.COM IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE IN SERVICES RESULTING FROM SUCH PROBLEMS.

18. Disclaimer

18.1TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

19. Parties’ relationship and Assignment

19.1The parties are independent contractors. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. Z.com has the right to assign, subcontract or delegate in whole or in part of this Agreement, or any rights, duties, obligations or liabilities under this Agreement, by operation of law or otherwise, provided that Z.com shall remain responsible for the performance of Services under this Agreement. You may not novate, assign or sub-contract its rights or obligations under this Agreement or Order without prior written consent of Z.com; saved that such consent may be given or withheld at our sole discretion.

20. Modification

20.1Z.com may, in its sole and absolute discretion, change or modify this Agreement and/or Order, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to its Site. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree such modifications to be bound by this Agreement as last revised, you could not use (or continue to use) Services.
20.2Z.com may, in its sole and absolute discretion, change or modify or discontinue any aspect of the Services, including without limitation prices and fees for the same, at any time, and such changes, modifications or discontinuation shall be effective immediately upon posting to its Site. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of Services as last revised. If you do not agree such modifications to be bound, you could not use (or continue to use) such Services.
20.3Your use of Services after the effective date of any amendments to this Agreement constitutes your complete and irrevocable acceptance of such amendments. You also agree to check this Agreement from time to time so that you will be familiar with its content as amended or modified periodically.

21. Governing Law

21.1This Agreement and the relevant Orders shall be governed by and construed under the laws of Kingdom of Thailand.

22. Settlement of Disputes

22.1Z.com and Customer will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) arising out of or relating to this Agreement and/or Orders through the amicable negotiation. The existence or results of any negotiation or settlement will be treated as confidential.
22.2In the event the parties are unable to resolve the dispute within 30 days of notice of the dispute to the other party, the parties have a right to refer the dispute to a court of competent jurisdiction in Thailand.

23. Force Majeure

23.1Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during its Term in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority (a “Force Majeure”). In such event, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed party’s performance shall be excused and suspended for the duration of the Force Majeure, but if the Force Majeure events lasts longer than thirty (30) days, the other party may terminate the applicable Service and this Agreement by giving written notice to the delayed party.

24. Use of Customer Name

24.1With the prior written consent of Customer (not to be unreasonably withheld), Z.com may use and publish Customer's name in its customer lists, lists of referrals for other customers (or potential customers), and in other promotional information, including, but not limited to, press releases, brochures, reports, letters, white papers, and electronic media such as e-mail or Web pages.

25. Miscellaneous

25.1Notice
All notices, demands, requests, or other communications that may be or are required to be given, served, or sent by either Party to the other Party pursuant to the Agreement, shall be in writing and shall be mailed by first-class, registered, or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery or email or facsimile addressed to the respective Parties as follows:
To NetDesign Host Co., Ltd.
Address: 1 Fortune Tower Building, 22nd Floor, Ratchadapisek Road, Kwaeng Dindaeng, Khet Dindaeng, Bangkok 10400
Email: hosting.th@z.com
Fax: 02-641-0022
To Customer: Address provided in the most recent Order.
25.2Severability
If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, then other provisions of this Agreement shall continue remain in full force and effect.
25.3No Waiver
The failure of either party to require the performance of any of the terms of this Agreement or the waiver by either party of any default under this Agreement shall not prevent a subsequent enforcement of such term, nor be deemed a waiver of any subsequent breach. Any waiver shall not be effective unless it is written and duly signed by the Parties hereto.
25.4Entire Agreement
This Agreement and any Order or documents attached hereto shall constitute an entire agreement between the Parties relating to the subject matter of this Agreement and supersedes all prior representations, proposals, understandings, communications or agreements, whether written or oral, relating to that subject matter.
25.5Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and such counterpart together shall constitute one and the same instrument. For the purposes hereof, a facsimile copy of this Agreement shall be deemed to be an original. Facsimile and electronic copies of signatures shall have the same effect as originals. If a party elects to sign Order electronically, it expressly acknowledges and agrees that such electronic signature is the legal equivalent of, and has the same force and effect as, a manual signature.
26.5Foreign Language Translation of Agreement
For customer’s convenience only, Z.com may provide customer with a non-English translation of the Agreement. Any such non-English language version of the Agreement is for reference purposes only. Customer acknowledges and agrees that the English language version of this Agreement shall govern in all instances between the Parties.

Z.comTH Domain Name Registration Service Order

This Z.com Domain Name Registration Service Order (hereinafter referred to as the “Order”) is an integral part of the Master Service Agreement (hereinafter referred to as the “Agreement” or “MSA”). The following terms and conditions shall apply to the Z.com Domain Name Registration Service (hereinafter referred to as the “Service”) including but not limited to registration, renewal, transfer, or deletion of a domain name. This Order is an ‘Order’ as mentioned in the Agreement and is governed by the terms of said Agreement. The customer should read this Order in conjunction with the MSA which can be viewed at: https://domain.z.com/th/terms/. By registering for the Service, customers are acknowledging these terms and conditions, and agree to be bound by customer.

1. Definitions

Unless otherwise defined in MSA, the following terms used in this Order shall have the meanings as described herein.
1.1“Administrative Contact” means a person delegated by a Registrant of a domain name to administer the Domain Name and is listed as the “Administrative Contact” in the Domain Name Registration Information.
1.2“Billing Contact” means a person responsible for the financial aspects of a Domain Name and is listed as the “Billing Contact” in the Domain Name Registration Information.
1.3“Contact Person” means a person responsible for items regarding maintenance and management of the corresponding Domain Name registration under the authorization of the Registrant of the corresponding Domain Name and is listed in the registration information of the Domain Name. The Registrant may also be a Contact Person.
1.4“Detailed Regulations” means any regulations, provisions, rules as described below, which form a cohesive framework and must be read in conjunction with one another, as well as with, which taken together, represent the entirety of customer’s obligations and responsibilities with regard to the use of Services:
(a) ONAMAE.com Domain Registration Regulations
http://www.onamae.com/agreement/a_ag/registration_1.html
(b) Who is Confirmation Policy
http://www.onamae.com/agreement/a_ag/whois.html
(c) Domain Name Dispute Resolution Policy
http://www.onamae.com/agreement/a_ag/dispute.html
(d) The Right and Responsibility of Registrant
http://www.onamae.com/agreement/a_ag/registrant_rights.html
(f) ONAMAE.com Registrar Transfer Regulations
http://www.onamae.com/agreement/a_ag/transfer.html
http://www.onamae.com/agreement/a_ag/transfer_1.html
(g) Policy of .th and ไทย Service
https://www.thnic.co.th/en/policy2556/
1.5“Domain Name” or “Domain” means a second and third level domain names preceding top level Domains such as “.com” and “.th”.
1.6“Domain Name Dispute” means a dispute between customer and a third party resulting from the registration or use of a Domain Name registered by customer.
1.7“Procedure Deadline” means the end date and time of the registration term of a Domain Name or a specific date and time set by notifying customer.
1.8“Redemption Grace Period”, “Renewal Grace Period” means the period as described below：
http://help.onamae.com/app/ansGMO ACErs/detail/a_id/8427/kw/%E6%9B%B4%E6%96%B0/related/1
1.9“Registration Information” means any and all information provided by customer at the registration process of the corresponding Domain Name
1.10“Registrar” means individuals or enterprises that behave as an interface between the Registrants and the Registry. In connection with the Services, GMO Internet Inc, a Japanese company, an official Registrar accredited by the Internet Corporation for Assigned Names and Numbers (hereinafter referred to as “ICANN”), shall be Registrar.
1.11“Registry” means an organization which possesses (i) a database that includes the zone files of Domain Names corresponding to the various IP addresses; (ii) any other data related to the Domain Names (including low level Domain Names); and (iii) the administrative authority and obligations over the database. In addition, in the event the administrative authority and obligations over the database is given to a third party, the term “Registry” shall also refer to such a third party.
1.12“Registration Expiry Date” means the final day of the registration term of a Domain Name.
1.13“Technical Contact” means a person responsible for technical aspects of a Domain Name and is listed as the “Technical Contact” in the Domain Name Registration Information.
1.14“Transfer In” means the procedure to transfer administration of a Domain Name from another service to the Service.
1.15“Transfer Out” means the procedure to transfer administration of a Domain Name from the Service to another service.

2. Governing Body

2.1Z.com has been granted the right to provide Internet domain registration services for top, second and third level domain names.
2.2New Domains are oversees top-level domains such as the .Click, .club, and .xyz.
2.3Upon Z.com receipt of domain name registration information from customer, Z.com shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration.

3. Selection of a Domain Name

3.1Customer represent that, to the best of the customer 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.
3.2By registering or renewing a .com or .net top-level domain and agreeing to these terms and conditions, customer agree that customer have read and agree to the terms and conditions of this Order and the relevant Agreement, if customers are registering the domain for a third party, customer agree that they have read and agree to the relevant terms and conditions as well.

4. Registered Domain Name Use by a Third Party

4.1In the event that customer permits a third party to use customer’s Domain Name, customer shall remain the registrant of the Domain Name and agree to directly assume any and all obligations based on this Order.

5. Provisions of Services

5.1Z.com will provide the following services to customer:
(a) The registration of a Domain Name;
(b) The renewal of a Domain Name Registration;
(c) The transfer of a Domain Name;
(d) The administration of a registered Domain Name;
(e) The provision of DNS settings for a registered Domain Name; and
(f) The Whois Protection Service;
(g) The services related to (a) to (f) above.
5.2The Service shall apply to the following types of Domains:
URL- https://domain.z.com/th/

6. Whois Protection Service

6.1By applying Whois Protection Service, customer may keep customer’s name, postal address, email address and phone (Z.com may, in its sole and absolute discretion, decide the type of information customer may apply Whois Protection Service) for the Contact Person private, and replace customer’s Registration Information that customer provide with an anonymous proxy information via a public “Whois” service.
6.2The Whois Protection Service shall apply to the following types of Domains:
URL- http://help.onamae.com/app/answers/detail/a_id/8599/
6.3In the case the Domain Name registration, customer applied Whois Protection Service, (a) expires, (b) is deleted before Registration Expiry Date, the Whois Protection Service will terminate.
6.4Customer acknowledge and agree that:
(a) Customer shall remain responsible for customer use of customer’s Domain Name(s),
(b) Customer will not receive postal mail,, e-mail and any other information directed to customer,
(c) Customer will waive any and all claims arising from customer’s failure to receive information directed to customer or customer’s use of Whois Protection Service,
(d) Transfer Out for the Domain Name customer applied Whois Protection Service will be prohibited.
6.5Z.com may, in its sole discretion, immediately terminate the provisions of Whois Protection Service without notice, if;
(a) customer’s Domain Names or customer’s use of Whois Protection Service is alleged to violate or infringe a third party’s right or interests;
(b) Z.com need to comply with any applicable laws, government rules or requirements, court orders or requests of law enforcement.
6.6In the event of termination of Whois Protection Service, Z.com will revert to displaying customer’s Registration Information via a public “Whois” service

7. Compliance with Laws and Regulations

7.1Customer acknowledge and agree that by using the Service, customer shall be deemed to have accepted and agreed to and is bound by MSA, this Order, Detailed Regulations and any applicable laws.
7.2Z.com reserves the right to impose Additional Detailed Regulations applying to customer.
7.3In the event of any inconsistency between this Order and Detailed Regulations, the terms of Detailed Regulations shall prevail over the terms of this Order, to the extent of the inconsistency.
7.4The terms contained in the following agreements shall prevail over the terms of this Order and Detailed Regulations:
(a) The Registrar Accreditation Agreements (including any subsequent modifications) made and entered into by and between Registrar and ICANN;
(b) The Registrar license agreements (including any subsequent modifications) made and entered into by and between Registrar and the Registries; and
(c) The policies, instructions, guidelines and other arrangements adopted by ICANN and the Registries.

8. Registration Information

8.1As part of the registration process, customer is required to submit to Z.com and keep updated the following information in connection with customer’s 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 and number, of the administrative contact for the domain name; and
(d) The name, mailing address, email address and telephone number of the billing contact for the domain name.
8.2Customer shall ensure that Registration Information will, throughout the term of registration, comply with the Order as may be in effect from time to time and will remain true, current, complete, accurate, and reliable.
8.3Customer shall maintain, update, and keep the Registration Information true, current, complete, accurate, and reliable by immediately making such changes.
8.4Customer acknowledge and agree that all Registration Information (including personal information of Contact Person) which is supplied to the Registry and/or an accredited Registrar may be publicly available to third parties via a public “Whois” service, as required by ICANN and as allowed by applicable laws.
8.5Z.com may from time to time request additional information from customer. While not obligated to provide the additional information, customer should provide the additional requested information to ensure that customer will obtain all the products and services which Z.com makes available to domain name registrants.
8.6If in registering a domain name customer provide information about a third party, customer hereby represent that customer have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

9. Personal Information

9.1Customer agrees that Z.com shall handle customer’s personal information in accordance with laws and Z.com’s Privacy Policy.
9.2Customer also agrees to authorize Z.com to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit.
9.3Customer further acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Z.com may or must make available to the public or to private entities, and the manner in which such information is made available.
9.4Z.com will not process any data about any identification natural person that Z.com obtains from customer in a way incompatible with the purpose and limitations described in this Agreement. Z.com will take reasonable precautions to protect the information Z.com obtain from customer from Z.com’s loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
9.5Customer agrees and acknowledges that Z.com owns the following:
(a) All database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) All information and derivative works generated from the domain name database; and
(c) Information for the registrations for which Z.com acts as the registrar including:
- (i)The original creation date of the registration
- (ii)The expiration date of the registration;
- (iii)The name, mailing address, email address and telephone number, of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
- (iv)Remarks concerning the registered domain name that appear or should appear in the Whois or similar database; and
- (v)Other information generated or obtained in connection with the provision of domain name registration and management services, other than the domain name being registered, and the IP names and addresses of the primary name servers and any secondary name servers. Z.com does not have any ownership interest in customer’s specific personal registration information outside of customer’s right in Z.com’s domain name database.

10. Domain Name Registration Procedure

10.1Customer shall submit an application to register one or more Domain Name by manners stipulated by Z.com.
10.2Z.com notifies the fee for registration of Domain Name. On payment of the fees to Z.com, and after acceptance of the application, Z.com may proceed with the designated procedure.
10.3Domain Name shall only be deemed to be registered after the Registration Information has been recorded in the database of the Registry.

11. Domain Name Registration Period

11.1A Domain Name shall continue to be valid for the period initially selected by customer (the “Initial Period”).
11.2If a Domain Name Registration is renewed, such Domain Name shall continue to be valid for the period selected by customer (the “Renewal Period”). The Initial Period and Renewal Period shall be collectively referred to as the “Registration Period”.
11.3The Registration Period may not be modified except in accordance with this Order or Detailed Regulations.
11.4Z.com reserve the right to extend the Registration Period based on any decisions made by ICANN, the Registry of the Domain Name or applicable laws.

12. Renewal of the Domain Name Registration

12.1If customer wishes to renew the Domain Name Registration, customer shall submit an application to renew the Domain Name Registration by manners stipulated by Z.com before the Procedure Deadline for the Domain Name.
12.2Z.com notifies the fee for renewal of Domain Name Registration. On payment of the fees to Z.com, and after acceptance of the application, Z.com may proceed with the designated procedure.
12.3The Domain Name Registration shall only be deemed to be renewed after the information has been recorded in the database of the Registry.
12.4Notwithstanding Article 10.1, for Domain Names with a Renewal Grace Period, customer may apply to renew the Domain Name Registration by manners stipulated by Z.com after the Procedure Deadline but before the expiry of the Renewal Grace Period.
12.5Regarding domain types that have a Renewal Grace Period, the existing DNS resolution path will be interrupted by Z.com immediately after the Registration Expiry Date and it may last eight (8) or more consecutive days.
12.6For Domain Names with a Redemption Grace Period, customer may only redeem the registration of the Domain Name during the Redemption Grace Period only in unavoidable circumstances.
12.7Z.com shall not guarantee the success of any renewal during the Renewal Grace Period or any redemption during the Redemption Grace Period.
12.8In the event that customer do not complete the renewal procedure within the Renewal Grace Period or do not complete the redemption procedure within the Redemption Grace Period, if any, the Domain Name shall be considered as deleted at the end date and time of the Registration Period.
12.9In the event of a successful renewal or redemption, the Domain Name Registration shall be considered as renewed as of the Registration Expiry Date.

13. Transfer In

13.1Customer may Transfer In the Domain Name in accordance with the procedure in accordance with ONAMAE.com Registrar Transfer Regulations;
(http://www.onamae.com/agreement/a_ag/transfer.html, http://www.onamae.com/agreement/a_ag/transfer_1.html)

14. Transfer Out

14.1Customer may Transfer out the Domain Name during the Registration Period in accordance with the procedure stipulated by us.
14.2In the event customer applies for a Transfer Out of the Domain Name, customer agrees that the Services in relation to the Domain Name shall be terminated as of the date of completion of the Transfer Out.

15. Fees

15.1As consideration for Z.com providing domain name registration services to customer, customer agree to pay Z.com, prior to the approval of the desired domain name registration, the amounts set forth in the Fee Table on the website, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
15.2Customer’s application will not be registered until Z.com receives actual payment of the registration fee. If Z.com does register a domain name prior to payment of the registration fee, Z.com reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
15.3All 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.
15.4Payment must be made by the methods Z.com indicates in registration application or renewal form. Z.com will renew customer’s name for customer provided customer’s billing information is available and up to date. If customer’s billing information is not accurate and customer wish to renew customer’s domain name registration, Z.com will contact customer to update this information and charge accordingly.

16. Term

16.1This Order shall commence on the date as of customer’s first use of the Service. It shall remain in full force during the length of the term of customer’s domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should customer choose to renew or otherwise lengthen the term of customer’s domain name registration, then the term of this Registration shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
16.2It is customer’s responsibility to check that customer’s renewal has been successful within one month of the renewal date.

17. Compliance with the Domain Name Dispute Resolution Policy

17.1The “Uniform Domain Name Dispute Resolution Policy” (hereinafter referred to as the “UDRP”) is adopted by ICANN and stipulates the basic policy regarding the resolution of Domain Name Disputes. By registering for a Domain Name, customer shall be deemed to have agreed to the “UDRP” and any applicable dispute resolution policies (the “Specific Policy”).
17.2Customer agree that any and all Domain Name Disputes regarding Domain Name which was validly administered or was applied for in the Service shall be resolved in accordance with the UDRP, except that if Specific Policy governs a particular Domain Name, any disputes for such Domain Names shall be resolved by the Specific Policy.
17.3Customer agree that in the event that any Domain Name Dispute between customer and a third party arise, Z.com shall not be liable for any of such dispute in any manner, and customer shall indemnify and hold Z.com harmless pursuant to the terms and conditions contained in the Dispute Policy.

18. Transfer of Ownership

18.1The person named as administrative contact shall be the owner of the domain name. Customer agree that prior to transferring ownership of customer’s domain name to another person (the “Transferee”) customer shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Customer’s domain name will not be transferred until Z.com receives such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

19. Representations, Warranties and Covenants

19.1Customer represent, warrant, and covenant that:
(a) customer shall comply with this Order, Detailed Regulations and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time.
(b) customer agree to be bound and abide by any ICANN Consensus Policies including, but not limited to, the UDRP as may be adopted and/or amended at any time and from time to time;
(c) customer’s use of the Domain Name will or may infringe the legal rights or intellectual property rights of a third party and;
(e) customer will not use the Services in any way which violates or may violate a right of us or any third party.

20. Termination and Suspension

20.1Z.com may, in its sole discretion, suspend, lock, modify, cancel or transfer the Domain Name and/or terminate this Order without notice, if;
(a) Customer fails to comply with any term of this Order, Detailed Regulations and all other Detailed and other applicable rules and Laws;
(b) Customer’s registration of the Domain Name or use of the Service causes or is likely to cause immediate harm to the public interest or us, or which violates or is likely to violate any applicable Laws;
(c) Customer’s use of the Service is found to constitute an infringement or other violation of a third party’s rights;
(d) Z.com terminates the provision of the Service;
(e) The ICANN Agreement and/or the Registry Agreement, or any other Agreements which deems to be necessary for the provision of the Service is terminated; and
(f) The Service violates any laws, Internet conventions and any other regulations of corporations engaged in the Internet business or Internet users on a voluntary basis.

21. Effect of Termination

21.1In the event of termination of this Order, Z.com reserves the right to delete the registered Domain Name unless the Domain Name is transferred according to any applicable process of transfer under any laws, ICANN Agreement or Registry Agreement.
21.2Termination of this Order for any reason does not affect the rights and obligations of either party arising prior to termination. Clauses 6, 7, 8, 9, 14.2, 15, 17, 18, 19, 20, 21, 22, and 23 shall survive termination of this Order.

22. Disclaimer and limitation of liability

22.1IN NO EVENT SHALL Z.COM ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHICH IS SUFFERED OR INCURRED IN CONNECTION WITH OR RELATING TO THIS ORDER OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN CUSTOMER AND US, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Z.COM AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
22.2CUSTOMER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAWS, OUR TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY AND ALL LOSS IS LIMITED TO THE FEES (LESS ANY TAXES) PAID TO US BY CUSTOMER UNDER THE APPLICABLE ORDER IN THE 12 MONTHS PRIOR TO THE LOSS OCCURRING (LESS ANY OTHER CLAIMS PAID BY Z.COM IN CONNECTION WITH OR RELATING TO THAT ORDER IN THAT PERIOD.)

23. Modification

23.1Z.com may, in its sole and absolute discretion, change or modify this Order, Detailed Regulations and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our Site or upon notice. Customer’s use of the Services after such changes or modifications have been made shall constitute customer’s acceptance of this Order as last revised. If customer do not agree to be bound by this Order as last revised, customer do not use or continue to use Services.

24. Contact with Z.com

24.1Customer acknowledges and recognizes that all contact with Z.com in the first instance should be made via our support telephone number – 02-642-0405

Z.comTH Hosting Service Order

This Z.com Hosting Service Order (hereinafter referred to as the “Order”) is an integral part of the Master Service Agreement (hereinafter referred to as the “Agreement” or “MSA”). The following terms and conditions shall apply to the Z.com Hosting Service (hereinafter referred to as the “Service”). This Order is an ‘Order’ as mentioned in the Agreement and is governed by the terms of said Agreement. The customer should read this Order in conjunction with the MSA which can be viewed at: https://cloud.z.com/th/terms/. By registering for the Service, you are acknowledging these terms and conditions, and agree to be bound by them.

1. Definitions

Unless otherwise defined in MSA, the following terms used in this Order shall have the meanings as described herein.
1.1“Bandwidth” means the amount of network space allocated to the Customer and is shown in the relevant Hosting Packages.
1.2“Detailed Regulations” means any regulations, provisions, rules which form a cohesive framework and must be read in conjunction with one another, as well as with, which taken together, represent the entirety of your obligations and responsibilities with regard to the use of Services.
1.3“FTP” means File Transfer Protocol.
1.4“Service System” means the server, software and program operated by us for provision of Service.
1.5“Third Party Software” means any software or application developed and owned by a third party provider, including Linax®, Microsoft®, cPanel, Magento®, WordPress®, Plesk®, Zpanel®, cloudmark® Installatron, that we may contract with from time to time.
1.6“User Data” means any and all files, materials which posted, updated, uploaded, published or maintained and/or on, within, displayed, linked or transmitted to, from or through Service or your website.
1.7“Web Hosting Control Panel” means a software interface provided by the Supplier and which forms part of the Registered User’s Web Hosting Space and which provides a range of web hosting functions.

2. Provisions of Services

2.1We provide the following services to you under this Order:
(a)   Shared Web Hosting service;
(b)   Virtual Private Server Hosting service;
(c)  WordPress Hosting service;
(d)   Email Hosting service
(e)   Private Hosting service
(f)   The provision of Third Party Software;
(g)   The provision of private IP address;
(h)   The services related to (a) to (h) above.
2.2Detail conditions of Service shall be specified in below.
https://cloud.z.com/th/
https://hosting.z.com/th/
https://wp.z.com/th/

3. Exclusions from the Service

3.1The following are specifically excluded from the Service:
(a)   The cost of Domain name registration is specifically excluded from the cost of the Service;
(b)   Advice or support for Invalid Enquiries;
(c)   Any access by the Supplier to the Customer’s Web space via FTP or other electronic means unless with prior agreement with the Registered User;
(d)   Advice or support to enquiries received from Unregistered Users

4. Customer’s Responsibilities

4.1The Customer is responsible for ensuring that they will not display via the web space any materials which:
(a)   Break, contravene, infringe or violate the laws or regulations of Kingdom of Thailand;
(b)   Break, contravene, infringe or violate any intellectual property rights of Z.com or any other third party;
(c)   Are defamatory, slanderous or libelous;
(d)   Are harassing or threatening;
(e)   Are discriminatory based on gender, race, age or promotes hate;
(f)   Violate any Z.com’s policy posted on the Z.com’s website;
(g)   Contain viruses or other computer programming defects which result in damage to Z.com or any third party.
4.2The Customer accepts that it may only utilize the Bandwidth allocated to them in the relevant Hosting Package
4.3The Customer accepts that they will use only properly licensed third party software in relation to the Service.
4.4The Customer is responsible for ensuring that they have made back-up files using the Back-up facility provided as part of the Service via Control Panel and the others.
4.5The Customer further acknowledges and agrees that it:
(a)   Will not use the Services in any way which violates or may violate a right of us or any third party;
(b)   Will not use the Services in irrelevant way, which includes, without limitation;
(1)   Interfere, disrupt or attempt to gain unauthorized access to any computer system, network or account for which you do not have authorization to access;
(2)   Shall impair operation of provision of Services or operating of Service System.
(c)   Retain sole contractual and any other legal or fiduciary responsibilities related to your User Data. In the event that any dispute in relation to your use of the Service arise, we shall not be liable for any of such dispute in any manner;
(d)   Will not post, update, upload, publish or maintain and/or on, within, display, link or transmit any of the following content;
- (i)Image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic);
- (ii)Banner ad services for display on other websites or devices (commercial banner ad rotation);
- (iii)File dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare);
- (iv)Commercial audio streaming (more than one or two streams);
- (v)Push button mail scripts that allow the user to specify recipient email addresses;
- (vi)Anonymous or bulk SMS gateways;
- (vii)Backups of content from another computer or website;
- (viii)Bittorrent trackers; or
- (ix)Any script that causes a degradation in the performance of our server or network environment.

5. Compliance with Laws and Regulations

5.1You acknowledge and agree that by using the Service, you shall be deemed to have accepted and agreed to and is bound by MSA, this Order, Detailed Regulations and the laws of Kingdom of Thailand.
5.2We reserve the right to impose Additional Detailed Regulations applying to you.
5.3In the event of any inconsistency between this Order and Detailed Regulations, the terms of Detailed Regulations shall prevail over the terms of this Order, to the extent of the inconsistency.

6. Service Registration Information

6.1The Customer agrees to provide the Supplier with the following information in order to process your registration:
- Customer name,
- Company name (if applicable)
- Company registration number (if applicable)
- Email address,
- Mailing address,
- Telephone number and Mobile number
6.2If the Customer is registering the Service on behalf of a third party, the Customer hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Customer hereby indemnifies the Z.com against any actions or legal proceedings from any third parties relating to any such registrations.

7. Personal Information

7.1The Customer agrees that Z.com shall handle your personal information in accordance with the laws of Kingdom of Thailand and Z.com Privacy Policy.
7.2Z.com will not process any data about any identification natural person that we obtain from the Customer in a way incompatible with the purpose and limitations described in this Agreement. Z.com will take reasonable precautions to protect the information Z.com obtain from the Customer from Z.com’s loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
7.3This agreement authorizes the Z.com to use any information provided to them as required for the purpose of providing the Service.
7.4The Customer hereby irrevocably waives any and all claims and causes of action that the Customer may have arising from such disclosure or use of the Service registration information.
7.5Z.com agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.
7.6Z.com will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.

8. Term

8.1This Order shall commence on the date as of the Customer first use of the Service and shall remain in effect for a period of months the Customer may select.

9. Termination and Suspension

9.19.1 The Customer may terminate this Order without any reason upon 90 days prior written notice to Z.com.
9.2Z.com may, in its sole discretion, suspend, modify or cancel this Order and/or remove the Customer’s User Data from Service System without notice, if;
- (a)Customer fails to comply with any term of this Order, Detailed Regulations and all other applicable rules and laws;
- (b)Customer’s use of the Service causes or is likely to cause immediate harm to the public interest or us, or which violates or is likely to violate the laws of Kingdom of Thailand;
- (c)There are activities that threaten the stability of Z.com’s Service System;
- (d)Customer’s use of the Service is found to constitute an infringement or other violation of a third party’s rights;
- (e)The Service violates any laws, Internet conventions and any other regulations of corporations engaged in the Internet business or Internet users on a voluntary basis;
- (f)Z.com need to comply with any applicable laws, government rules or requirements, court orders or requests of law enforcement;
- (g)Any dispute in relation to the Customer’s use of the Service arises between third-party and Z.com or the Customer.

10. Effect of Termination

10.1In the event of termination of this Order, Z.com reserves the right to delete theCustomer’s User Data immediately.
10.2Termination of this Order for any reason does not affect the rights and obligations of either party arising prior to termination. Clauses 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, and 17 shall survive termination of this Order.

11. Service Use by a Third Party

11.1In the event that the Customer permits a third party to use the Service, the Customer agrees to directly assume any and all obligations based on this Order.

12. Third Party Software

12.1Z.com may grant the Customer to use the Third Party Software as part of the Service subject to this Order, Detailed Regulations, and any other the third party provider’s policies. The Customer may not disassemble, and reverse engineer the Third-Party Software.
12.2The Customer acknowledges and agrees that;
- (a)if Z.com modify, or terminate any of Third-Party Software, Customer shall cooperate in performing such steps.
- (b)Z.com may provide the Customer’s personal information to third-party providers as required to provide the Third-Party Software.
- (c)the third-party providers make no representations or warranties about any Third-Party Software, and expressly disclaim any liability arising of the Customer’s use of the Third-Party Software.
12.3Z.com reserves the right to provide, modify, or terminate any of Third-Party Software at any time.

13. Fees

13.1As consideration for Z.com providing hosting services to the Customer, Customer agrees to pay Z.com the amounts set forth in the Fee Table hereunder, as amended from time to time.
13.2Z.com shall not be bound to provide any Service until such Fee is paid.
13.3All fees must be prepaid and are non-refundable, in whole or in part, even if the service is suspended or terminated.
13.4Payment must be made by the methods Z.com indicates in application or renewal form. Z.com will renew the Customer’s name for Customer provided Customer’s billing information is available and up to date. If Customer’s billing information is not accurate and Customer wishes to renew his information, Z.com will contact Customer to update this information and charge accordingly.

14. Intellectual Property

14.1Z.com, or its suppliers and/or licensees, shall own all right, title and interest in and to the Service System, as well as all patents, trademarks, trade names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property.

15. Dispute Policy

15.1The Customer agrees to be bound by the Z.com’s Dispute Policy which can be found on MSA.
15.2The Customer also agrees that in the event that a dispute arises with any third party, the Customer shall indemnify and hold the Z.com harmless pursuant to the terms and conditions contained in the Dispute Policy

16. Disclaimer and limitation of liability

16.1IN NO EVENT SHALL Z.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHICH IS SUFFERED OR INCURRED IN CONNECTION WITH OR RELATING TO THIS ORDER OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN THE CUSTOMER AND Z.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Z.COM WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
16.2THE CUSTOMER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAWS, Z.COM’s TOTAL AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY AND ALL LOSS IS LIMITED TO THE FEES (LESS ANY TAXES) PAID TO Z.COM BY THE CUSTOMER UNDER THE APPLICABLE ORDER IN THE 12 MONTHS PRIOR TO THE LOSS OCCURRING (LESS ANY OTHER CLAIMS PAID BY WE IN CONNECTION WITH OR RELATING TO THAT ORDER IN THAT PERIOD.)
16.3Z.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, DO NOT MAKE ANY GUARANTEE REGARDING THE AVAILABILITY, POSSIBILITY, OR TIME REQUIRED TO PROVIDE THE SERVICE NOR WILL NOT PERFORM USER DATA BACKUPS OR ARCHIVES.

17. Modification

17.1Z.com may, in its sole and absolute discretion, change or modify this Order, Detailed Regulations and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our Site or upon notice. The Customer’s use of the Services after such changes or modifications have been made shall constitute the Customer’s acceptance of this Order as last revised. If the Customer does not agree to be bound by this Order as last revised, do not use (or continue to use) Services.

18. Contact with Z.com

18.1The Customer acknowledges and recognizes that all contact with the Supplier in the first instance should be made via Live Help, the Helpdesk or via e-mail to hosting.th@z.com.

Z.com SSL Service Order

This Z.com SSL Service Order (hereinafter, “Order”) is provided by an integral part of the Master Service Agreement (hereinafter, “MSA”). The following terms and conditions shall apply to the Z.com SSL Service (hereinafter, “Service”) including but not limited to digital certification issuance, renewal, or revoke. This Order means the basic regulations on SSL usage for users, as defined in the MSA. The Applicant and Subscriber should read this Order in conjunction with the MSA which can be viewed at: https://cloud.z.com/th/terms/ By receiving the Service, the Applicant and Subscriber shall be deemed to have agreed on this Order rules and to be bound by it.

1. Definitions

Unless otherwise defined in MSA, the following terms used in this Order shall have the meanings as described herein.
(1) Applicant: The natural person or legal entity that applies for (or seeks renewal of) digital certificate (hereinafter, “Certificate”). Once the Certificate issues, the Applicant is referred to as the Subscriber.
(2) Certification Authority ("CA"): An organization that is responsible for the creation, issuance, revocation, and management of Certificates.The term applies equally to both Roots CAs and Subordinate CAs. This CA is managed by GlobalSign or an entity which is certified by GlobalSign to issue the Certificate to the “Subject”. GlobalSign is Applicant’s CA hereunder.
(3) Detailed Regulations: Any regulations, provisions, rules as described below, which the applicant and subscriber should read and follow with respect to each SSL Service.
- GlobalSign Terms and conditions, and Policies on Repository:
  https://www.globalsign.com/en/repository/
  - (1)GlobalSign Subscriber Agreement
  - (2)Revocation Request
  - (3)Warranty Policy
  - (4)Privacy Policy
  - (5)Terms of Payment
  - (6)Refund & Cancellation Policy
  - (7)GlobalSign Logo Usage Guidelines
  - And;
  - (8)Other related Regulations to be applied as the case maybe
(4) GlobalSign: Company’s name of GMO GlobalSign whose main office is located in Tokyo, Japan, and who is the original issuer of the Certificate and CA owner
(5) Z.com: Short name of the company of GMO-Z com NetDesign Holdings Co., Ltd incorporated under the laws of Kingdom of Thailand which is a reseller of GlobalSign in terms of Certificate. And it also means the Brand name of its business herein.
(6) SSL: Short term of “Secure Socket Layer” meaning the protocol which enables data encryption on computer network communication. However herein, in the narrow sense, it means “SSL digital certificate for servers” which is an electronic authentication system utilizing this SSL technology. Digital certificate means by which consumers and businesses can utilize the security applications of PKI technology which enables secure e-commerce and Internet communication.
(7) Subscriber: The natural person or Legal Entity to whom a SSL is issued and who is legally bound by MSA and this Order rules. And it is the same meaning with “user” or “customer” of SSL service in the terms of MSA.
(8) Z.com SSL Services: Services of providing the Certificate to Subscribers to utilize it for their data origin authentication.

2. Terms and conditions

2.1MSA and this Order
The Applicant and Subscriber should read this Order in conjunction with the MSA which can be viewed at: https://cloud.z.com/th/terms/ By registering for the Services, Subscriber is ought to acknowledge terms and conditions, and to agree to be bound by those provisions. And in addition, Subscriber shall be bound by Detailed Regulations.
2.2Usage condition
Other than the rule in 2.1, when Subscriber starts to use the Services, this Subscriber shall be deemed to accept all the terms and conditions of MSA, this Order and Detailed Regulations.

3. Z.com distribution

3.1Z.com distribution
Z.com has been granted the right to distribute the Certificate by GlobalSign to Subscriber and to sales partners.
3.2Advance payment
After acceptance of payment of applicable fees from Applicant, Z.com or a third party provider designated by Z.com shall provide the SSL services herein.
3.3Piority on GlobalSign Subscriber Agreement
In the event of any inconsistency between this Order and GlobalSign Subscriber Agreement, the terms of GlobalSign Subscriber Agreement shall prevail over the terms of this Order, to the extent of the inconsistency.

4. Compliance with regulations

4.1Compliance
Subscriber agrees to use the Services in accordance with applicable laws, other than Detailed Regulations.
4.2Additional Regulations
Z.com reserves the right to impose Additional Detailed Regulations applying to Subscriber.
4.3Priority on Detailed Regulations
In the event of any inconsistency between this Order and Detailed Regulations, the terms of Detailed Regulations shall prevail over the terms of this Order, to the extent of the inconsistency.

5. Personal Information

5.1Subscriber agree that Z.com and GlobalSign shall handle Subscriber’s personal information in accordance with laws, and Z.com may provide Subscriber’s personal information to GlobalSign for the purpose of providing Services to Subscriber.
5.2Z.com will not process any data about any identification of natural person that Z.com obtains from Subscriber in a way incompatible with the purpose and limitations described in this Agreement.

6. Fees and Services

6.1Z.com defines the “Fee table” of each service on web-site separately.
6.2Subscriber’s application will not be provided until Z.com receives actual payment of the service fee. If Z.com does begin the service prior to payment of the serviced fee, Z.com reserves the right to cancel that registration or restrict use of the SSL service until payment has been received.
6.3Z.com defines each service on web-site separately.

7. Term

This Order shall commence on the date of the creation of Subscriber’s account of Z.com. It shall remain in full force during the length of the term of Subscriber’s usage as selected. When Subscriber choose to renew or otherwise lengthen the term of Subscriber’s service, then the term of this service shall be extended accordingly

8. Subscriber’s Representations and Warranties

Subscriber covenants that:
- (a)Subscriber shall comply with this Order, Detailed Regulations and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time.
- (b)Subscriber shall not use the Services in any way which violates or may violate a right of GlobalSign, Z.com or any third party

9. Termination and Suspension

Z.com may, in its sole discretion, suspend, lock, modify, cancel or transfer the Domain Name and/or terminate this Order without notice, if;
- (a)Subscriber fails to comply with any term of this Order, Detailed Regulations or other applicable rules and Laws;
- (b)Subscriber’s use of the Service causes immediate harm to the public interest or Z.com, or violates applicable Laws;
- (c)Subscriber’s use of the Service is found to constitute an infringement or other violation of a third party’s rights; or
- (d)The Service violates any laws, the CA/Browser Forum Baseline Requirements, or guidelines.

10. Effect of Termination

Termination of this Order for any reason does not affect the rights and obligations of either party arising prior to termination. The following articles shall survive termination of this Order.
- - 4. Compliance with laws -5. Personal Information - 6. Fees
  - 11. Limited Warranty

11. Limited Warranty

11.1To the extent permitted by law, and except as otherwise provided herein, Globalsign disclaims all warranties including any warranty of merchantability and/or fitness for a particular purpose.
11.2Z.com’s liability to the Subscriber shall be according to Warranty Policy of GlobalSign.
- *Warranty Policy
https://www.globalsign.com/en/repository/globalsign-warranty-policy.pdf
11.3Otherwise, the warranty of the Service shall be according to the said article of GlobalSign Subscriber Agreement.

12. Modification

Z.com may, in its sole and absolute discretion, change or modify this Order, Detailed Regulations and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our web-site or upon notice. Subscriber’s use of the Services after such changes or modifications have been made shall constitute Subscriber’s acceptance of this Order as last revision.

Z.comTH Privacy Policy

Thank you for using Z.com services. This policy helps you understand what information we collect, how we use it, and what choices you have. We welcome your questions and comments on this policy at hosting.th@z.com

1. Scope of this Privacy Policy

This Privacy Policy applies to all Z.com websites, Domain service, Hosting Service, SSL service, ShopUp service, and any other applications.

Links to non-Z.com websites
Z.com sites or services may provide links to third-party applications, products, services, or websites for your convenience and information. If you access those links, you will leave the Z.com site. Z.com does not control those third party sites or their privacy practices, which may differ from Z.com's practices. We do not endorse or make any representations about third-party sites. The personal data you choose to provide to or that is collected by these third parties is not covered by the Z.com Privacy Policy. We encourage you to review the privacy policy of any site you interact with before allowing the collection and use of your personal information.

2. Collection of personal information

Z.com may collect your personal information through your access and use of website, webbased applications, or mobile applications, during conversations or correspondence with Z.com representatives, or when you purchase services or complete an online application form.

Z.com may collect personal information from you in connection with:

•service orders, activations, and registrations
•profile creation and user verification for online services
•information requests or complaints
•marketing, newsletter or support subscriptions
•contest entries or survey participation
•payment method applications
•event registration
•visits or browsing on Z.com websites

The types of personal information Z.com may collect from you includes:

•personal and business contact information, such as name, address, telephone number, and email address
•in some cases, your business contact data may be provided to Z.com by a designated entity within your business or enterprise (such as a member of your IT department)
•financial information, such as your credit/debit card number or other billing information
•other unique information such as user IDs and passwords, service preferences, contact preferences
•geo-location data such as your IP address or physical location when you request location based services
•details of the services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those services and to respond to your enquiries
•any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise
•information you provide to us through our service center and customer surveys

If you post, comment, indicate interest or complaint, or share personal information, including photographs, to any public forum on an Z.com site, social network, blog, or other such forum, please be aware that any information you submit can be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages, or for purposes that neither you nor Z.com have control over. Z.com is not responsible for the personal information you choose to provide in these forums.

In addition to the information you provide, Z.com may also collect information during your visit to Z.com website, web-based application, or a website “powered by” another company on behalf of Z.com, through our Automatic Data Collection Tools, which include Web beacons, cookies, and embedded Web links. These tools collect certain traffic information that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived. They may also collect information about your Internet Protocol (IP) address, unique device identifier, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with Z.com websites or “powered by” websites) and service information. Z.com may also use some of these Automatic Data Collection Tools in connection with certain emails and communications sent from Z.com and therefore may collect open the email or click on a link contained in the email.

Z.com also collects information from publicly or commercially available sources that it deems credible. Such information may include your name, address, email address, preferences, and demographic/profile data. The information Z.com collects from its public or commercial sources may be used along with the information Z.com collects when you visit Z.com sites. For example, Z.com may compare the geographic information acquired from commercial sources information using these tools when you with the IP address collected by Automatic Data Collection Tools to derive your general geographic area.

3. How we use your information

Z.com may use your information to:

•manage our relationship with you
•improve and develop services and support including through quality control, research and data analysis activities
•update you on new services and benefits
•measure performance of marketing initiatives, ads, and websites “powered by” another company on Z.com’s behalf
•allow you to participate in surveys
•answer enquiries, provide information, support or advice about existing and new services
•assess and improve the performance and operation of Z.com websites
•to keep your contact details up to date and provide updated details to Z.com service providers where necessary
•to process and respond to any complaint made by you

Credit card information is used only for payment processing and fraud prevention. Government issued identification number and other sensitive personal information is not used for any other purpose by our financial services providers or Z.com and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.

4. How we share your information

Z.com will not sell, rent or lease your personal information to others except as described in this Policy. Z.com shares personal information in the following ways:

Z.com retains service providers to manage or support its business operations, provide professional services, deliver complete services and customer solutions and to assist Z.com with marketing and communication initiatives. These providers may be located in the overseas locations and include, for example, credit card processors, debt collectors, providers of customer support and live-help, marketing and communications, hosting and IT service providers, email service providers, automated data processors, management and support of Z.com websites, order fulfillment and delivery. Service providers are required by contract to keep confidential and secure the information received on behalf of Z.com and may not use it for any purpose other than to carry out the services they are performing for Z.com.

From time to time, Z.com participates in marketing initiatives with other companies, including websites “powered by” another company on behalf of Z.com. As part of these initiatives, certain Z.com services and marketing communications may be delivered at the same time as those from other companies. Some of these services and communications offer you the option to share personal information with both Z.com and the other companies participating in these initiatives. For example, you may receive marketing communications from Z.com and other companies or have the opportunity to register online for other services from multiple companies. If you choose to provide personal information only to Z.com, Z.com will not share this information with the other companies participating in that marketing initiative. If you choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies, which may differ from Z.com’s policies and practices.

Circumstances may arise where, whether for strategic or other business reasons, Z.com decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Z.com’s practice to seek appropriate protection for information in these types of transactions.

5. Children's privacy

Z.com does not knowingly collect information from children as defined by local law, and does not target its websites or mobile applications to children under these ages. We encourage parents and guardians to take an active role in their children’s online and mobile activities and interests.

6. Your choices and selecting your privacy preferences

Z.com gives you the choice of receiving a variety of information that complements our services. You can subscribe to receive service-specific information and also choose to receive Z.com general communications. We give you a choice regarding delivery of Z.com general communications by postal mail, email, telephone, or mobile device.

Z.com general communications provide information about services and/or support. This may include new services information, special offers, or invitations to participate in market research or compliance reviews.

Z.com may also transfer your personal information to other Z.com-owned business entities in the Worldwide. By accessing Z.com websites, registering for an account or service, or otherwise providing Z.com with your personal information, you consent to this transfer of your personal information throughout the global Z.com network of entities.

Except as described in this Policy, Z.com will not share the personal information you provide to Z.com with non-Z.com third parties without your permission, unless to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) investigate and help prevent security threats, fraud or other malicious activity; (iv) enforce/protect the rights and properties of Z.com or its subsidiaries; or (v) protect the rights or personal safety of Z.com, our employees, and third parties on or using Z.com property when allowed and in line with the requirements of applicable law.

7. Access to and accuracy of your information

Z.com strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. Z.com provides individuals with reasonable access to personal information that they provided to Z.com and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Z.com you can return to the web page where you originally submitted your data and follow the instructions on that web page.

8. Keeping your information secure

Z.com takes seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Z.com utilizes reasonable and appropriate physical, technical, and administrative procedures to safeguard the information we collect and process. Z.com retains data only as required or permitted by local law and while it has a legitimate business purpose.

When collecting or transferring sensitive information such as credit card information we use a variety of additional security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access. When we transmit highly confidential information (such as credit card number or password) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Credit card numbers are used only for processing payments and are not used for other purposes. As part of real-time payment processing, Z.com subscribes to fraud management services. This service provides Z.com with an extra level of security to guard against credit card fraud and to protect your financial data.

9. Changes to this Policy

If we modify our Privacy Policy, we will post the revised Policy here, with an updated revision date This Privacy Policy was last updated on September 2016.

10. How Z.com uses automatic data collection tools

The following sections provide additional information about commonly-used web technology tools

Cookies
A “cookie” is a small data file transferred by a website to your computer’s hard drive. Z.com or its service providers send cookies when you surf our site or sites where our ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our site, sites that are “powered by” another company on Z.com’s behalf, or sites where our ads appear may give us access to information about your browsing behavior, which we may use to personalize your experience. Cookies are typically classified as either “session” cookies or “persistent” cookies.

•Session cookies do not stay on your computer after you close your browser
•Persistent cookies remain on your computer until you delete them or they expire. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting the preferences in your browser. If you turn off cookies, there may be some features of our site that will not be available to you and some Web pages may not display properly.

Web beacons
Some Z.com and third-party web pages, applications, and HTML-formatted email use Web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email, as well as to measure performance on Z.com., applications, and websites “powered by” another company on Z.com’s behalf. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on your computer such as cookies, the time and date of a page viewed, and a description of the page where the web beacon is placed. Depending on the context, web beacons may also refer to content on a third-party server, and may be used by service providers to deliver relevant advertising to you.

You may be able to disable web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other automatic data collection tools in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider.

Z.comTH Pre-Pay Terms and Conditions

Article 1 (Application)

1.Z.com Pre-Pay Terms and Conditions (hereinafter referred to as “terms”) are special provisions set forth by NetDesign Host Co., Ltd. (hereinafter referred to as the “company”) for the Z.com Master Service Agreement (hereinafter referred to as “MSA”). This applies to members who use this service, Z.com Pre-Pay.
2.These terms are assumed to be part of the MSA. In the event that any of these terms are inconsistent or infringe upon the MSA, these terms take precedence in respect to the use of Z.com Pre-Pay.

Article 2 (Definition of Terminologies)

The terminologies used in the terms have their meaning set forth in the original contract in addition to the provisions within each of the following.

(1)“Z.com Pre-Pay” is a prepaid payment method issued by the company. It may only be used for the payment of fees for Domain Registration, Cloud services, SSL service, Shopup Service, or other related incidental services provided under the name “Z.com”
(2)The “Control Panel” is provided for members by this company for use with this service. It is an administrative tool containing membership information, etc. for the purpose of Z.com Pre-Pay only.

Article 3 (Z.com Pre-Pay)

1.Members must add minimum 100THB to Z.com Pre-Pay at the time of every purchase. Pre-pay amounts are exclusive of VAT 7%.
2.Z.com Pre-Pay has a limit per membership of 999,999THB. It should be noted that the company may subject specific members to separate determinations of pre-charge amounts for purchase maximums for Z.com Pre-Pay and ownership ceiling amounts when using this service.
3.Minors under the age of 18 cannot purchase Z.com Pre-Pay without the consent of a parent or a guardian. A minor under the age of 18 must get the consent of a parent or a guardian in advance before purchasing Z.com Pre-Pay. It should be noted that the company assumes the member has been given consent if he/she is using Z.com Pre-Pay.
4.The member must use a payment method approved by the company to purchase Z.com Pre-Pay. The member is responsible for any transfer fees or other costs relating to the purchase.
5.Z.com Pre-Pay will not accept any responsibility for disputes that arise between members and third parties.

Article 4 (Using Z.com Pre-Pay)

1.If a member chooses to use Z.com Pre-Pay as a payment method for paying service charges, the amount equivalent to the fees, etc. will be deducted from the Z.com Pre-Pay balance on the due date of the fees, etc.
2.If a member holds a Z.com Pre-Pay with a different date of purchase, the balance from the one with older date will be used first.
3.The company, in accordance with this section, will not accept any responsibility for the results and/or damages that occur to a member or a third party in the event that the member pays for the usage of Z.com Pre-Pay and Z.com Pre-Pay is not refunded, or the usage is not canceled, etc. However, if a member mistakenly uses Z.com Pre-Pay to pay for usage charges, etc. for the service, the relevant appropriated Z.com Pre-Pays will be refunded to the member.
4.The company assumes that Z.com Pre-Pay is being used by the membership holder when Z.com Pre-Pay is being used.
5.If a member has pre-charged less than the amount required, he/she must switch to another means of payment to the provisions of the company, purchase a new Z.com Pre-Pay in an amount equal to the difference, or pre-charge the required amount by midnight on the day of the occurrence. It should be noted that even if the member changes over to another means of payment, if there is a balance left on Z.com Pre-Pay, usage fees of this service will be deducted from Z.com Pre-Pay until its balance becomes 0 THB.
6.If a member does not purchase a new Z.com Pre-Pay for an amount equal to the difference of the balance of the Z.com Pre-Pay and pre-charge amount required, or if the member does not perform the procedure of switching to another means of payment to the provisions of the company, the company can take measures in addition to the provisions of Article 7 and suspend the service. In addition, if the member has not taken measures by the date the company specifies, it is assumed that membership cancellation can be enacted. The company does not assume any responsibility for any resulting damage to the member or a third party by taking these measures.

Article 5 (Z.com Pre-Pay Balance Confirmation)

Z.com Pre-Pay balances can be checked through the control panel.

Article 6 (Expiration Date)

1.Z.com Pre-Pay expires two years after the member stops using all services.
2.In spite of the preceding paragraph, if a member unsubscribes or loses his/her membership for reasons attributable to the member, all unused balance on the member’s Z.com Pre-Pay shall disappear. The company does not assume any responsibility for resulting damages caused to a member or a third party by the disappearance of the balance.

Article 7 (Usage Restrictions)

1It is assumed that the company, if any of the following is applicable, can stop and revoke the use of Z.com Pre-Pay.
- (1)If a member violates the MSA or these terms
- (2)In addition to the above, the company may stop or revoke the use of Z.com Pre-Pay for any reason deemed substantial
2The company has taken the measures set forth in the preceding paragraph and thus does not assume any responsibility for resulting damages caused to a member or a third party.

Article 8 (Prohibition of Transfers)

It is assumed that members will not transfer, loan, give, buy or sell, or take part in any other form of disposing of their Z.com Pre-Pay to third parties (including other members).

Article 9 (Refunds)

1The company, as a general rule, will absolutely not provide refunds or cash, etc. The member is not able to sue or proceed any legal actions against the company.
2In spite of the preceding paragraph, the company, where applicable in any of the following, may issue a refund of Z.com Pre-Pay based on laws relating to payment settlement or other relevant laws and regulations.
- (1)If a whole or part of Z.com Pre-Pay’s issuing service is terminated (unless due to company split, transfer, or mergers wherein the business of taking over issuance has been made)
- (2)If we determine that the use of Z.com Pre-Pay has become extremely difficult due to membership limitations.
- (3)In addition to the preceding items, if the company determines that a refund is reasonable based on the settlement method, etc. The refundable amount will be finalized under the company’s sole discretion.

Article 10 (Invalidation)

If the relevant Z.com Pre-Pay falls under any of the following it will be considered null and void.

(1)Z.com Pre-Pay was obtained through unauthorized or improper means
(2)A forged and/or altered Z.com Pre-Pay

Article 11 (Cancellation and Suspension)

1It is assumed that the company, if applicable in any of the following, reserves the right to suspend or cancel a purchase, issuance, or use of Z.com Pre-Pay without having to give advanced notice to a member.
- (1)If there is a situation beyond reasonable control of the company that occurs or could possibly occur, such as natural disasters, epidemics, radioactive contamination, large-scale pollution, or others
- (2)If for any unavoidable reasons failure occurs due to construction, maintenance on telecommunications equipment, or others
- (3)If laws and regulations (including, but not limited to, fund transfer methods, etc.) have been enacted
2The company does not assume any responsibility for any resulting damage to members or third parties by measures taken in the preceding paragraphs.

Article 12 (Discontinuation)

The company assumes that we can discontinue all or parts of Z.com Pre-Pay at our sole discretion.

Article 13 (Changes to the terms)

1.The company reserves the right to change/amend the terms at any time as it deems appropriate at the company’s sole discretion.
2.The last revised version of the terms will be posted on the Z.com website.
3.As a member, it is the member’s sole responsibility to keep informed of any such changes or amendments.
4.If the member does not agree to be bound by the last revised version of the terms, the member can determine not to use Z.com Pre-Pay service.

(Supplementary Provisions)

This agreement shall be in effect from September 14th 2016

Privacy Policy

Netdesign Host Co., Ltd., GMO-Z com (Thailand) Co., Ltd., and affiliates (hereinafter referred to as “Z.com”, the “Company”, “we”, “our” or, “us”) respect your privacy. This privacy policy (“Privacy Policy”) helps you understand what information we collect about you, how we use it, and what choices you have.

1. Scope of this Privacy Policy

This Privacy Policy applies to all the services offered by Z.com, including all Z.com websites, Domain service, Hosting Service, SSL service, ShopUp service, INFRA service, online research service, Cloud service, SEO, market analysis, Pre-pay service, Digital Marketing and any other applications. This Privacy Policy concerns the processing of the personal information of different categories of identifiable persons such as:
(A) our customers
(B) non-customers, for example, anyone who uses our websites or applications, involves in transactions with us or our customers, or contacts Z.com.

Links to non-Z.com websites

Z.com sites or services may provide links to third-party applications, products, services, or websites for your convenience and information. If you access those links, you will leave the Z.com site. Z.com does not control those third-party sites or their privacy practices, which may differ from Z.com's practices. We do not endorse or make any representations about third-party sites. The personal information you choose to provide to or that is collected by these third parties is not covered by this Privacy Policy. We encourage you to review the privacy policy of any site you interact with before allowing the collection and use of your personal information.

2. The personal information we collect about you

Personal information means any information relating to a person, which enables the identification of such person, whether directly or indirectly, but not including the information of the deceased persons in particular.

The types of personal information Z.com may collect from you includes, but not limited to:

Category	Examples of personal data
Personal details	• Name, surname • Age • Gender • Height, weight • Marital status • Nationality • Educational background
Contact details	• Address • Telephone number • Email Address • Name of representatives or authorized persons/directors acting on behalf of our customers • Social media accounts
Identification details and authentication details	• Photo • Identification number • Signature
Employment details	• Work experience • Work • Salary or income
Financial details	• Credit/Debit card number • Other billing information
Information about your relationship with us	• details of the services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those services and to respond to your enquiries
Market research, marketing and sales information	• customer survey
Online research	• Information and opinions expressed when participating in online research
Geo-location data	• IP address or physical location when you request location-based services
Technical data	• Certain traffic information that your browser sends to a website (such as your browser type and language, access times, and the address of the website from which you arrived), Internet Protocol (IP) address, unique device identifier, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with Z.com websites or “powered by” websites) and service information.
User login and subscription data	• User IDs and passwords, service preferences, contact preferences
Sensitive personal data	• Religion • Disability • Racial data • Political preference • Health data
Other information	• Information relating to you that you open the email or click on a link contained in the email • Demographic/profile data and geographic information acquired from commercial sources • Information that you provide to us directly or indirectly through any channels

3. Collection of personal information

Z.com may directly or indirectly collect your personal information from and about you including, but not limited to, through your access and use of website, web-based applications, or mobile applications, during conversations or correspondence with Z.com representatives, through our group companies or business partners, or when you purchase services, or complete an online application form.

Z.com may collect your personal information in connection with:

•service orders, activations, and registrations
•profile creation and user verification for online services
•information requests or complaints
•marketing, newsletter or support subscriptions
•contest entries or survey participation
•payment method applications
•event registration
•visits or browsing on Z.com websites
•other activities necessary for the normal course of business of Z.com

If you post, comment, indicate interest or complaint, or share personal information, including photographs, to any public forum on an Z.com site, social network, blog, or other such forum, please be aware that any information you submit can be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages, or for purposes that neither you nor Z.com have control over. Z.com is not responsible for the personal information you choose to provide in these forums.

Automated technologies or interactions.

In addition to the information you provide, Z.com may also collect information during your visit to Z.com website, web-based application, or a website “powered by” another company on behalf of Z.com, through our automatic data collection tools, which include, but not limited to, Web beacons, cookies, and embedded Web links (“Automatic Data Collection Tools”). These tools collect Technical Data. Z.com may also use some of these Automatic Data Collection Tools in connection with certain emails and communications sent from Z.com and therefore may collect open the email or click on a link contained in the email

Third parties or publicly available sources.

Z.com also collects information from publicly or commercially various available sources that it deems credible. The information Z.com collects from its public or commercial sources may be used along with the information Z.com collects when you visit Z.com sites. For example, Z.com may compare the geographic information acquired from commercial sources information using these tools with the IP address collected by Automatic Data Collection Tools to derive your general geographic area. We may receive personal information about you from analytics providers such as Google or Facebook.

4. Personal information of others provided by you

In certain situations, you may provide the personal information of others to the Company. It is your responsibility to confirm that such other persons have consented to the processing and transferring of their personal information in accordance with this Privacy Policy, and you shall be authorized to receive any privacy policy and other related information on their behalf.

5. How we use your information

5.1 Z.com may use your information to:

•manage our relationship with you;
•assist you in completing a transaction or order;
•prevent and detect security threats, fraud or other malicious activity;
•communicate with you about Z.com services or support and send marketing communications;
•provide services and support to you;
•improve and develop services and support including through quality control, research and data analysis activities;
•update you on new services and benefits;
•measure performance of marketing initiatives, ads, and websites “powered by” another company on Z.com’s behalf;
•allow you to participate in surveys;
•answer enquiries, provide information, support or advice about existing and new services;
•assess and improve the performance and operation of Z.com websites;
•carry out other activities necessary for the normal course of business of Z.com

Credit card information is used only for payment processing and fraud prevention and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.

5.2 In principle, Z. com processes personal information only when:

•The processing is necessary for the purposes of the legitimate interests pursued by Z. com as a controller or the interests of a third party other than Z.com, except where the fundamental rights and freedoms of you regarding the protection of your personal information override these interests.
•The processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract. In case you refuse to provide us your personal information, we may be unable to provide you our services.

Other than where justified above, Z.com will usually process personal information where:

•The processing is necessary for compliance with a legal obligation which is imposed upon the organization. In this case, you are required to provide us your personal information for compliance with the law.
•The processing is necessary for preventing or suppressing a danger to a person’s life, body, or health.
•The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Z.com.
•The processing is necessary for the achievement of the purpose relating to the preparation of the historical documents or the archives for the public interest, or for the purpose relating to research or statistics, in which the suitable measures to safeguard your rights and freedoms are put in place.
•You have given your consent. Z. com shall inform the person concerned before or at the time the data is collected about the purpose for which consent is required, which personal information will be collected for the processing, the right to revoke consent, and transfer to third countries.

If you have given your consent for a specific processing purpose to Z.com in order to process your information for that purpose, you can withdraw this consent at any time. Z.com will then stop any further processing of your personal information for which you gave consent. If Z.com processes your personal information for other purposes and in order to do so Z.com refers to other legal bases, Z.com will still be able to process your personal information.

6. How we share your information

Z.com will not sell, rent or lease your personal information to others except as described in this Privacy Policy. Z.com shares personal information pursuant to the PDPA in the following ways for the purpose specified in 5.1:

(a)Share information with other Z-com companies, Z-com’s parent company, and other Z.com-owned business entities in the worldwide
(b)disclose personal information to third-party agents, suppliers, service providers or contractors bound by obligations of confidentiality, in connection with the processing of your personal information for the purposes described in this Privacy Policy (this may include, without limitation, credit card processors, financial organizations, business advisors, law firms, marketing agencies, mobile network providers, social media service providers, accounting system providers, hosting and IT service providers, providers of customer support, online payment system providers and communications service providers);
(c)From time to time, Z.com participates in marketing initiatives with other companies, including websites “powered by” another company on behalf of Z.com. As part of these initiatives, certain Z.com services and marketing communications may be delivered at the same time as those from other companies. Some of these services and communications offer you the option to share personal information with both Z.com and the other companies participating in these initiatives. For example, you may receive marketing communications from Z.com and other companies or have the opportunity to register online for other services from multiple companies. If you choose to provide personal information only to Z.com, Z.com will not share this information with the other companies participating in that marketing initiative. If you choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies, which may differ from Z.com’s policies and practices;
(d)disclose business-related information to potential purchasers, buyers, or business partners in the case where Z.com decides to sell, buy, merge or otherwise reorganize businesses in some countries.;
(e)respond to duly authorized information requests of police and governmental authorities;
(f)comply with any law, regulation, subpoena, or court order;
(g)investigate and help prevent security threats, fraud or other malicious activity;
(h)enforce/protect the rights and properties of Z.com or its subsidiaries; or
(i)protect the rights or personal safety of Z.com, our employees, and third parties on or using Z.com property when allowed and in line with the requirements of applicable law;
(j)disclose your personal information to your attorney, authorized persons or legal representatives who have lawfully authorized power.

7. Overseas Transfer

Z.com may send or transfer your personal information overseas if the country where the receiver is based has adequate data protection standard in accordance with the rules for the protection of personal information as prescribed by the Data Protection Committee.

In other cases, Z.com may send or transfer your personal information overseas if Z.com provide appropriate safeguards which enable the enforcement of the data subject’s rights, including effective legal remedial measures according to the rules and methods as prescribed and announced by the Personal Data Protection Committee.

Where this has not occurred or is not possible, Z.com may still transfer your personal information in the following circumstances:

A)where it is for compliance with the law;
B)where your consent has been obtained, provided that you have been informed of the inadequate personal data protection standards of the destination country;
C)where it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
D)where it is for compliance with a contract between the Company, and other persons for your interests;
E)where it is to prevent or suppress a danger to your or other persons’ life, body, or health, when you are incapable of giving the consent at such time;
F)where it is necessary for carrying out the activities in relation to substantial public interest.

8. Children's privacy

Z.com does not knowingly collect information from children as defined by local law, and does not target its websites or mobile applications to children under these ages. We encourage parents and guardians to take an active role in their children’s online and mobile activities and interests.

8. Children's privacy

Z.com does not knowingly collect information from children as defined by local law, and does not target its websites or mobile applications to children under these ages. We encourage parents and guardians to take an active role in their children’s online and mobile activities and interests.

9. Your choices and selecting your privacy preferences

Z.com gives you the choice of receiving a variety of information that complements our services. You can subscribe to receive service-specific information and also choose to receive Z.com general communications. We give you a choice regarding delivery of Z.com general communications by postal mail, email, telephone, or mobile device.

Z.com general communications provide information about services and/or support. This may include new services information, special offers, or invitations to participate in market research or compliance reviews.

10. Your legal rights

You have the right to:

Request access to and obtain a copy of your personal information that we hold about you. For any further copies requested by you, Z.com may charge a reasonable fee based on administrative costs. In some cases, we may reject your request where it is permitted by law or pursuant to a court order, and such access and obtaining a copy of the personal information would adversely affect the rights and freedoms of others.

Request the transfer of your personal information to you or to a third party. We will provide such personal information to be in the format which is readable or commonly used by ways of automatic tools and can be used by automated means. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Object to processing of your personal information where we are relying on a legitimate interest, we are processing your personal information for direct marketing purposes, or for the purpose of scientific, historical or statistic research. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request erasure, destruction, or anonymization of your personal information. Please note, however, that we may not always be able to comply with your request if we have legitimate ground to process your information.

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in some scenarios (for example, when we are pending examination process in accordance with your request to correct such personal information).

Request correction of the personal information that we hold about you. This enables you to have any inaccurate, out-of-date, or incomplete data we hold about you corrected. Please note that it is your responsibility to provide correct personal information to Z.com.

Withdraw consent at any time where we are relying on consent to process your personal information. However, such withdrawal of consent shall not affect the processing of personal information that you have already given consent legally to Z.com.

Complain to the authority. You have the right to file a complaint with the relevant data protection authority in the event that we do not comply with the PDPA.

To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Z.com you can return to the web page where you originally submitted your data and follow the instructions on that web page.

We try to respond to all legitimate requests within thirty days. Occasionally it may take us longer than thirty days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. Keeping your information secure

Z.com takes seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Z.com utilizes reasonable and appropriate physical, technical, and administrative procedures to safeguard the information we collect and process. Z.com retains data only as required or permitted by local law and while it has a legitimate business purpose

When collecting or transferring highly confidential information such as credit card information, we use a variety of additional security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access. When we transmit highly confidential information (such as credit card number or password) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Credit card numbers are used only for processing payments and are not used for other purposes. As part of real-time payment processing, Z.com subscribes to fraud management services. This service provides Z.com with an extra level of security to guard against credit card fraud and to protect your financial data.

12. Data Retention

We will only retain your personal information on our systems for the longest of the following periods:

•As long as is reasonably necessary to fulfil the relevant purposes we collected it for;
•Any retention period that is required by any legal, accounting, or reporting requirements; or
•The end of the period in which litigation or investigations might arise in respect to Z.com or by Z.com.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

After the final time limit has passed, we shall delete or anonymize the personal information if we still wish to use such personal information for statistical purposes and may retain it for a longer period of time for dispute management, study or archiving purposes.

13. How Z.com uses automatic data collection tools

The following sections provide additional information about commonly-used web technology tools.

Cookies

A “cookie” is a small data file transferred by a website to your computer’s hard drive. Z.com or its service providers send cookies when you surf our site or sites where our ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our site, sites that are “powered by” another company on Z.com’s behalf, or sites where our ads appear may give us access to information about your browsing behavior, which we may use to personalize your experience. Cookies are typically classified as either “session” cookies or “persistent” cookies.

•Session cookies do not stay on your computer after you close your browser.
•Persistent cookies remain on your computer until you delete them, or they expire. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting the preferences in your browser. If you turn off cookies, there may be some features of our site that will not be available to you and some Web pages may not display properly.

Web beacons

Some Z.com and third-party web pages, applications, and HTML-formatted email use Web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email, as well as to measure performance on Z.com., applications, and websites “powered by” another company on Z.com’s behalf. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on your computer such as cookies, the time and date of a page viewed, and a description of the page where the web beacon is placed. Depending on the context, web beacons may also refer to content on a third-party server and may be used by service providers to deliver relevant advertising to you.

You may be able to disable web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other automatic data collection tools in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider.

14. Use of personal information for the original purposes

For personal information that has previously been collected by Z.com before the effective date of the PDPA, Z.com is entitled to continue to hold and use your personal information for the original purposes. If you do not wish Z.com to continue holding and using your personal information, you may contact Z.com and notify of your withdrawal of consent.

15. How to contact us?

If there are any changes to your personal information, if you have any question in respect of the processing of your personal information, or if you would like to exercise any of your rights as set out in this Privacy Policy, you may contact us at:

Z.com PDPA Contact

Address : 1 Fortune Town 22nd Floor, Ratchadapisek road, Dindaeng, Dindaeng, Bangkok 10400
Telephone number : 02-6421105
Email address : hosting.th@z.com
For the attention of : Customer Relationship Management Executive

In the event of any inconsistency between the English version and the Thai version of this Privacy Policy, the English version shall prevail over the Thai version.

16. Changes to this Privacy Policy

Z.com reserves the right to adjust and review this Privacy Policy when it deems necessary and to remain coherent with the legal obligations or recommendations of the competent supervisory authority for data protection. If we modify our Privacy Policy, we will post the revised Privacy Policy here, with an updated revision date. This Privacy Policy was last updated on August 10, 2020.

Z.com Sign Service Agreement

1. General Rules

1.1Purpose
These Service Terms and Conditions for Z.com Sign (hereinafter referred to as the “Service Terms and Conditions”) shall govern the use of the Service provided to Customer by GMO GlobalSign via its affiliate, NetDesign Host Co., Ltd. (hereinafter referred to as “Z.com” or “we”).

2. Establishment of the Agreement

2.1Application Method
2.1.1To sign up for the Service, you shall enter all the necessary information in the application form and submit it to Z.com

2.2Completion of Contract
2.2.1When there is any reason listed in the following items in respect of you, Z.com may not accept your application for the Service
(a)It is believed that using the Service is in violation of the Service Terms and Conditions.
(b)If you make a false statement to Z.com upon applying for the Service.
(c)Upon application, you are a minor, adult ward, or either of the person under curatorship or person under assistance, lacking the legal capacity to enter into the definitive contract by its own act and there is no consent or ratification of the legal representative or other consent holders.
(d)Cases falling under the antisocial forces stipulated in Section 8.2.
(d)Cases where Z.com is not able to perform identity verification.

3. The Service

3.1The Service
3.1.1The Service is a cloud-based signing service that can help you sign and manage documents.
3.1.2Z.com may change the content of the Service, such as addition, extension or deletion of functions or features.

3.2Support
The Z.com Sign provides user manual
(Help Center available at https://gmo-agree.zendesk.com/hc/en-us)
to help you understand various features of Z.com Sign and how those features work. Customer is expected to check these articles for any functional support. Customer may raise a request for help with any technical issue at
support-agree@globalsign.com

4. Obligations of Customer

4.1Management of User ID and Password
4.1.1Z.com Customer will create a user ID (“ID”) and password in order to access the Service.
4.1.2You must securely manage your ID and password and take the utmost care not to disclose it to other people. Z.com will require the person who is trying to access the Service to enter the ID and password. If the input character string matches the character string constituting the ID and password, Z.com will allow the person to have access to the Service.

4.2Compliance with Laws and Regulations
Customers acknowledge and agree that by using the Service, customer shall be deemed to have accepted and agreed to and is bound by MSA, this Terms and Conditions, Detailed Regulations and any applicable laws.

4.3Back up of Data
Z.com may not perform any backups of any data or files for you. You are solely responsible for taking appropriate measures to back up your files and data.

4.4Prohibited Acts
4.4.1Customer shall not conduct any of the following acts:
(1)Acts contrary to these Service Terms and Conditions.
(2)Acts contrary to laws or public order and morals.
(3)Acts that may lead to criminal acts.
(4)Acts of infringing intellectual property rights such as trademark rights and copyrights of Z.com or a third party or acts that may infringe.
(5)Acts of using the Service in a manner that will seriously impede the use of the Service by other customers.
(6)Acts that create or may create an excessive burden to our system.
(7)Acts that are deemed to be inappropriate by Z.com other than those listed above.
4.4.2When you perform any of the prohibited acts listed above or cause third parties to perform such acts, Z.com may discontinue the provision of the Service with immediate effect without any notification.

4.5Non-Assignment
Your status, rights or obligations under the Service Terms and Conditions may not be transferred or assigned to third parties or given as security without the written consent of Z.com.

4.6Notification of Changes
4.6.1If there is any change in the information provided to Z.com by you when applying for the Service, please immediately notify such change to Z.com through your Myz.com.
4.6.2Until the notification set forth in the preceding subsection is received and confirmed by Z.com, Z.com will continue to provide the Service and the business affairs related to the Service is continued by Z.com as if nothing has been changed.

5. Disclaimer

5.1Force Majeure
Z.com shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services.

5.2Interruption due to Maintenance
5.2.1Z.com (including a third party entrusted by NetDesign Host Co., Ltd.) shall, when any of the following items occur, without notification to Customer in advance, at the discretion of Z.com, implement temporary interruption of provision of the Service, investigate the cloud server, change settings, conduct repairs and other administrative work:
(1)When performing cloud server maintenance or inspection.
(2)When updating or upgrading the software required for providing the Service (hereinafter referred to as "the Software").
(3)When repairing or modifying defects of the cloud server or the Software.
(4)When the certificate authority that issued the digital certificate performs maintenance, inspection, or repair of the digital certificate issuance system.
(5)In the case where it is unavoidable for operational reasons or technical reasons.
5.2.2Z.com is not responsible for any damage caused to Customer by the administrative work described in the preceding subsection.

5.3Disclaimer
5.3.1Z.com has no responsibility with regard to the contents of the electronic contract concluded using the Service and may temporarily suspend the provision of this Service, suspend all or part of the Service. Z.com will not be liable for any damages or any other damages, such as loss of or restoration of data for any leaks or other damages arising in connection with the Service.
5.3.2Z.com does not guarantee any matters listed in the following items and other matters concerning the Service and Z.com does not make any warranty that:
(1)A person with legitimate authority signed an electronic contract using the Service.
(2)The Service shall not be interrupted, suspended or abolished.
(3)The Service shall have a certain quality.
(4)The contents or functions of the Service meet a specific purpose of use.
(5)The use of the Service does not infringe the rights of third parties.

5.4Special Provision of Exemption from Consumer Contract
5.4.1Regarding the clauses listed in the following subsections, for individual customers (excluding customers who use the Service as a business or for business), Z.com will indemnify Customer for the damages to the extent of the amount corresponding to the Service Usage Fee for one month of the Service:
(1)Any provision that exempts all responsibility for compensating for damages caused to Customer due to our default.
(2)Any provision that exempts all responsibility under the provisions of the Thai Civil Code to compensate for damages caused to customers due to the illegal acts of Z.com at the time of performance of Z.com's obligations in providing the Service.
(3)Any provision that exempts all responsibility for compensating damages caused to customers due to a hidden defect in the Service.
5.4.2The items listed in the following subsections shall not apply to individual customers (excluding customers who use this service as a business or for business):
(1)Any provision that exempts part of the responsibility for compensating for damages caused to customers due to our default (intentional or serious negligence).
(2)An exemption from part of the responsibility under the provisions of the Thai Civil Code to compensate for damage caused to customers due to illegal acts (limited to our intention or serious negligence) made at the time of performance of our obligations in this Agreement.

6. Fees Payment

6.1Payment of Fee
6.1.1Customer shall pay Z.com the digital signature fees, electronic signature fees and user fees (hereinafter collectively referred to as "Service Usage Fees") for the Service.
6.1.2Z.com may revise the Service Usage Fees for future use periods based on social situation, changes in economic situation, technical request for service provision and other circumstances. Z.com will notify customers about revised Service Usage Fees by appropriate methods, such as email or posting on Z.com’s website.
6.1.3Customer shall bear the taxes and public dues, the bank transfer fee and other expenses arising upon payment of the Service Usage Fee.

7. Term and Period of Use of the Service

7.1Term of Use and Renewal
The initial use period of the Service shall be three (3) month from the Service availability date.

7.2Termination
7.2.1Either party can terminate the Agreement at the end of any use period by providing written notice to the other party at least thirty (30) days prior to the end of the current use period. Even if Customer terminates in the middle of the use period, Z.com will not reduce or refund all or part of the Service Usage Fee.
7.2.2When there is any reason listed in each of the following subsections for Customer, GlobalSign shall be able to terminate the Agreement immediately without notice.
(1)In the event of breaching the obligation stipulated by the Agreement.
(2)In cases where a petition for bankruptcy proceedings or other bankruptcy proceedings has been made.
(3)A case where a false statement is made by Customer to GlobalSign.
(4)Other than the cases set forth in the preceding subsections, in the case where the delivery of the Service to you is seriously disrupting or may seriously disrupt the business activities by GlobalSign based on GlobalSign’s decision.
7.2.3Even if GlobalSign terminates the Agreement as set forth in this Section, Z.com shall not lose the right to claim damages or losses against Customer.

7.3Deletion of Data
7.3.1Z.com will delete all Customer data when the Service is terminated due to expiration or termination of the use period. Even if damage arises due to the deletion of data, Z.com will not be responsible to Customer or third parties for any damages or other costs, including restoration of data deleted.
7.3.2It is Customer's responsibility to make copies of all data by the expiration or termination of the use period of the Service.

8. Other

8.1License for Use of Name
During the use period of the Service, Customer shall permit Z.com to use Customer’s name, logo and other names of Customer for the purpose of displaying Customer as a user of the Service on Z.com’s website, promotional materials, and advertisements without any charge.

8.2Elimination of Antisocial Forces
8.2.1Z.com and Customer are committed to protecting ourselves and our own officials and staff from gangsters, members of gangsters, companies involved in gangsters, other antisocial forces (hereinafter referred to as the "antisocial forces"). We will assert and guarantee that we are not the antisocial forces.
8.2.2Z.com and Customer will guarantee that we do not do violent or intimidating demanding acts, unreasonable request acts beyond legal responsibilities, other similar acts, or not to be done by a third party.
8.2.3Z.com and Customer shall be able to immediately terminate the Agreement if the other party violates the representation and warranty in the preceding two subsections.

8.3Survival of Provisions
Section 4.5 (Prohibition on Disposal of Contractual Status), Section 5 (Disclaimer), Section 5.4(Special Terms of Disclaimer Concerning Consumer Contracts), Section 7.3 (deletion of data etc.), and the provisions of this Section shall survive any expiration or termination of this Agreement.

8.4Efforts for Resolving Disputes
When a dispute arises with respect to the Service, each party shall make efforts to resolve in good faith based on the spirit of mutual cooperation.

8.5Revision of the Service Terms and Conditions
Z.com may, in its sole and absolute discretion, change or modify this Terms and Conditions, Detailed Regulations and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our Site or upon notice. Customer’s use of the Services after such changes or modifications have been made shall constitute customer’s acceptance of this Order as last revised. If customer do not agree to be bound by this Terms and Conditions as last revised, customer do not use or continue to use Services.

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