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Appendix
B
EZONET TECHNOLOGY SDN BHD (Company No.: 720744-W)
TERMS OF SERVICE
THIS AGREEMENT BETWEEN EZONET
TECHNOLOGY SDN BHD (Company No.: 720744-W) (hereinafter referred
to as "EZONET") and Account Holder (hereinafter referred to
as "User")
WHEREAS EZONET provides the
service (the "Service") of hosting World-Wide-Web sites and
web applications in exchange for valuable consideration by the
User;
AND WHEREAS User desires to subscribe to the
Service on the terms and conditions contained herein;
NOW
THEREFORE in consideration of the mutual covenants and agreements
contained in this Agreement and other good and valuable consideration
(the receipt and sufficiency of which are hereby irrevocably
acknowledged by the parties) EZONET and User agree as follows:
1.
The
Service.
EZONET agrees to provide User with storage space on the EZONET server
for the purpose of hosting a world-wide-web site (the "Site")
in the prescribed amount stated on www.EZONET.com.my
and/or separate EZONET proposal signed by the User.
2.
Limitations. The Service is subject to the following
limitations:
CPU
Resources. User acknowledges that the Service is provided on a
shared server environment and agrees not to engage in any activity
that could overwhelm the servers with heavy CPU usage or that
requires a disproportionate amount of the resources of the EZONET
servers, including without limitation, use of highly active
programming scripts that cause the servers function abnormally or
explicitly slow;
User
shall not include content, or internet links to content on the Site
that contain, promote or involve any of the following:
any
infringement of copyright, trademark, patent, trade secret or other
intellectual property right;
nudity
or pornography;
content
that exploits children under 18 years of age;
hate
propaganda;
racist,
threatening, or otherwise abusive content;
the
promotion or incitement of, or instruction for, the commission of
illegal activities;
mail
fraud, illegal or unethical multi-level marketing (pyramid) schemes
or any other fraudulent activities;
content
promoted through the sending of unsolicited e-mail (also known as
spamming);
sending
of unsolicited e-mail (spam) from the EZONET server, or any other
server that refers to content on the EZONET server, or sending such
e-mail with a EZONET hosted Web site listed as the contact address;
warez,
cracks, hacks, spam software & their associated utilities;
information
or other material that contains a virus, corrupted data or any other
harmful or damaging component;
Idem.
User agrees that EZONET is not responsible for content on pages
hosted on member sites and acknowledges that EZONET does not endorse
or verify any such material;
Idem.
User agrees to assume full responsibility for all files associated
with the Site and acknowledges that User may be held legally for the
contents of the Site;
Backup
and Monitoring. User is solely responsible for creating backups of
any files associated with the Site and for monitoring the Site;
Notice
to Officials. If EZONET determines that law enforcement officials
should be notified regarding potentially illegal content on the
Site, User agrees that EZONET may provide copies of User's web pages
to the appropriate officials without notice to User. EZONET will
cooperate with all law enforcement efforts to locate persons who
have posted content that is illegal or promotes illegal conduct;
Policies
and Guidelines. User agrees to abide by all policies or guidelines,
together with any amendments thereto, set out, from time to time, by
EZONET anywhere on the site www.EZONET.com.my;
Bandwidth.
USER agrees to be bound by the restrictions pertaining to allowable
bandwidth data transfer on a per-month basis as stated on
www.EZONET.com.my
or preceded by the terms in signed proposal; In the instance of the
EZONET PLUS PLAN™, EZONET ADVANTAGE PLAN™ and/or EZONET
BUSINESS PLAN™, where USER exceeds the bandwidth limit, the
EZONET accounting department will contact USER and offer USER the
option to either upgrade USER's plan or reduce bandwidth usage.
EZONET will reasonably cooperate with USER in such instances.
However, if USER refuses to either upgrade USER's plan or reduce
bandwidth usage, EZONET will have the right to deactivate USER's Web
site with no compensation to USER.
3.
In the instance of EZONET WEB MAIL™, the following provisions
apply:
Responsibility
of the User. User is solely responsible for the content of their
e-mail messages. User is not permitted to transmit messages on the
E-mail service that (a) infringe on any third party's intellectual
property or proprietary rights, or rights of publicity or privacy;
(b) violate any law, statute, ordinance or regulation; (c) are
defamatory, trade libelous, threatening, abusive, or obscene in the
opinion of EZONET; (d) contain viruses or other similar harmful or
deleterious programming routines; (e) contain links to any sites
that include any of that kind of content; or (f) refer to or contain
any matter referred to in paragraph 3d of this Agreement.;
Account
Size. User’s e-mail box may store no more than the prescribed
amount stated on www.EZONET.com.my. When User's account approaches
the maximum email box size, EZONET shall notify User by email that
User's account is approaching full capacity. If User does not
subsequently delete email box contents to reduce email box size,
then any further emails sent to User which results in User's email
box exceeding maximum capacity will be returned to sender without
notice to User.
Spamming
is Prohibited. EZONET will determine in its sole discretion whether
any of the messages sent by User are considered as being spam.
Spamming generally includes sending any form of email that can be
interpreted as junk email or bulk email that the recipient has not
specifically requested from User. EZONET reserves the right to take
legal and technical remedies to prevent User from sending spam. If
User is found to be sending spam, User's account may be terminated
without notice;
Privacy
of User's Mailbox. EZONET considers User's registration data and the
content of all User's messages to be private. Messages that User
sends will be received with User's name and Internet Protocol (IP)
address contained within the header of the e-mail message. EZONET
will not intentionally monitor or disclose any of User's email
messages or registration data unless EZONET believes in good faith
that EZONET is required to do so (i) to enforce these Terms of
Service, (ii) by law, (iii) to defend EZONET in any action, or (iv)
to protect EZONET property. Additionally, User must agree to respect
the privacy and confidentiality of others. Since privacy is, in
part, a function of User's passwords, EZONET encourages user to
change passwords frequently and to not share them with anyone;
Privacy
of your Registration Data. User understands that the E-mail services
are supported by advertising and EZONET will disclose statistics
about our aggregate registration information in connection with our
marketing activities;
Registration
Data. User agrees to provide EZONET with current, complete, and
accurate registration information in the registration process and to
maintain and update registration information as necessary to keep it
current, complete and accurate;
Personal
Use. User agrees to be fully liable for the use of User's mailbox,
including any unauthorized use of mailbox by a third party. User
agrees to notify EZONET immediately if User becomes aware of any
unauthorized use of mailbox;
E-mail
Retention. User must remember to check their mailbox for messages
frequently. All email that User receives in their mailbox that is
not opened for more than 60 (sixty) days will be deleted and
unrecoverable;
Cancellation
of Mailbox. If User's mailbox is cancelled by User or by EZONET, all
email, including any attachments will automatically be deleted; and
Proprietary
Rights. User agrees and acknowledges that they may not upload, post,
reproduce, or distribute any content on or through the E-mail
service that is protected by copyright or other proprietary right of
a third party, without obtaining the permission of the owner of such
right. Any copyrighted or other proprietary content distributed with
the consent of the owner must contain the appropriate copyright or
other proprietary rights notice. The unauthorized submission or
distribution of copyrighted or other proprietary content is illegal
and could subject User to personal liability or criminal
prosecution.
Outgoing
e-mail. In the instance of the EZONET PLUS PLAN™, EZONET
ADVANTAGE PLAN™ and/or EZONET BUSINESS PLAN™, USER is
restricted to e-mailing a maximum of 1000 messages per day unless
preceded by a separately signed proposal. Where USER exceeds their
daily limit, outgoing USER e-mail will be suspended indefinitely.
4.
Amendments.
User agrees to be bound by any amendments to this Agreement that are
set out, from time to time, by EZONET anywhere on the site
www.EZONET.com.my
.
5.
No Representations or Warranties. The Service is offered on an
"as is" basis without any representations or warranties of
any kind either expressed or implied. For greater certainty and
without limitation to the generality of the foregoing:
EZONET
makes no representations, warranties or guarantees of any kind
whether written or verbal regarding the reliability of the Site
provided or any other services offered;
EZONET
is not responsible for any deletion, alteration, or loss of data due
to network or system outages, file corruption, accidental deletion,
or any other reasons;
EZONET
makes no representations, warranties or guarantees with regards to
server reliability, speed or consistency;
EZONET
makes no representations, warranties or guarantees as to the
accurateness or correctness of any content on any of the Sites and
is not responsible for any errors or omissions arising from the use
of such information;
EZONET
may link to or include on its Web resources, information provided by
third party partners and providers. EZONET does not guarantee or
warrant the reliability of this information nor does EZONET
recommend any of these services;
User
expressly agrees that use of the E-mail service is at their sole
risk. The E-mail services are provided on an "as is" and
"as available" basis. EZONET may change the features or
functionality of the E-mail services at any time, in our sole
discretion. EZONET expressly disclaim all warranties of any kind,
whether express or implied, including, but not limited to the
implied warranties of merchantability, fitness for a particular
purpose and non-infringement;
EZONET
makes no warranty the E-mail services will meet User's requirements,
or that the E-mail services will be uninterrupted, timely, secure,
or error free; nor does EZONET make any warranty as to the results
that may be obtained through the E-mail service or that defects in
the software will be corrected;
User
understands and agrees any material and/or data downloaded or
otherwise obtained through the use of the E-mail service is done at
their own discretion and risk and User will be solely responsible
for any damage to their computer systems or loss of data that
results from the download of such material and/or data;
EZONET
makes no warranty regarding any goods or services purchased or
obtained through the E-mail service or any transactions entered into
through the E-mail service; and
No
advice or information, whether oral or written, which User obtains
from EZONET or through the E-mail services shall create any warranty
not expressly made herein.
6.
Limitation of Liability. EZONET is not responsible for any
failures, delays, or interruptions in the delivery of any content or
services contained on the EZONET server; or losses or damages arising
from the use of the content or services provided by EZONET. For
greater certainty and without limitation to the generality of the
foregoing:
EZONET
liability to User for actual damages for any cause whatsoever,
regardless of the form of action will be limited to a maximum of the
fees paid by User to EZONET, if any, for the prior 12 months;
in
no event will EZONET be liable to User for any indirect, incidental,
or consequential damages arising out of the Service or in connection
with the Site or any other services or products provided to User;
EZONET,
its officers, directors, owners, agents and employees, shall in no
way be liable to User or anyone else for any loss or injury
resulting from use of the Service or the Site;
in
no event shall EZONET be liable for any damages, whatsoever, as a
result of the notifying of any official of potentially illegal
content on the Site, providing copies of User's said Site to the
appropriate officials or cooperating with law enforcement efforts to
locate persons who have posted content that is illegal or promotes
illegal conduct;
In
no event shall EZONET be liable for any damages, whatsoever, as a
result of the termination of this Agreement pursuant to Article 8.
7.
Indemnity. User agrees to indemnify and hold EZONET harmless
from and against, and to reimburse EZONET with respect to, any and
all losses, damages, liabilities, claims, judgments, settlements,
fines, costs and expenses (including reasonable related expenses,
legal fees and costs of investigation) or every nature whatsoever
incurred by EZONET by reason of or arising out of or in connection
with (i) any breach of this Agreement by User; (ii) any infringement
of any copyright, trade-mark, patent, trade secret or any other
intellectual propriety right of any party by content on the Site; or
(iv) illegal, libellous, or defamatory content on the Site.
8.
Termination.
Either
EZONET or User may terminate this Agreement at any time upon
providing five business days prior notice to the other party.
EZONET
may terminate this Agreement, discontinue the Service and delete the
Site at any time without notice to User in any of the following
circumstances:
User
violates any term of this Agreement, any municipal, provincial or
federal laws or regulations, or any policy or guideline set out,
from time to time, by EZONET anywhere on the site
www.EZONET.com.my;
User
engages in conduct or posts material on the Site that EZONET in its
sole discretion believes is harmful to other Users, the business of
EZONET or any third-party;
User
engages in any activity that could overwhelm the server with heavy
CPU usage or that requires a disproportionate amount of the
resources of the EZONET server;
User
disputes the terms of this Agreement or any amendment set out, from
time to time, by EZONET anywhere on the site www.EZONET.com.my
EZONET
receives any complaints regarding User or the Site from any other
Users or third parties.
In
the instance of EZONET premium services, namely, EZONET PLUS PLAN™,
EZONET ADVANTAGE PLAN™ and EZONET BUSINESS PLAN™, the
following conditions apply where this Agreement is terminated by
User:
All
premium service packages are subject to an unconditional 30
(thirty) day money-back guarantee. Any premium service package
cancelled within 30 (thirty) days of activation will be refunded in
full less a $10 USD (ten U.S. dollars) set-up fee, domain
registration fees and any additional shipping and handling charges;
The
refund policy described in sub-paragraph g.i. does not apply to any
additional services including but not limited to domain name
registration, domain name pointing, additional e-mail accounts,
additional disk storage space or additional data transfer;
In
the instance of the EZONET ADVANTAGE PLAN™ and EZONET BUSINESS
PLAN™ where User receives domain name registration as part of
hosting plan, a $25 USD (twenty-five U.S. dollar) registration fee
will be held upon cancellation of plan. User will maintain ownership
of said domain name and may transfer name to a third party;
All
requests for cancellation must be sent in writing by facsimile or
post to the head office of EZONET. Receipt of such request will be
confirmed by EZONET;
Cancellation
requests made by telephone or e-mail will not be accepted by EZONET;
and
Any
account cancelled or deactivated for violation of any term of this
Agreement is not eligible for refund.
Following
termination of this Agreement, for any reason, User agrees not to
use the Service or the Site in any manner or for any reason.
9.
Assignability.
This Agreement is assignable to a third party by EZONET, with notice
to User. Such notice shall be made known on the Web site
http://www.EZONET.com.my.
10.
General.
Consent
to Breach Not Waiver. No term or provision of this Agreement is
deemed waived and no breach excused, unless the waiver or consent is
in writing and signed by the party claiming to have waived or
consented. Any consent by any party to, or waiver of, a breach by
the other, whether expressed or implied, does not constitute a
consent to, waiver of, or excuse for, any other different or
subsequent breach.
Governing
Law. This Agreement is governed by and construed in accordance with
the applicable laws of the State of Penang and the federal laws of
Malaysia and is treated in all respects as a Malaysia contract.
Severability.
If any provision of this Agreement is held to be invalid, illegal or
unenforceable, all other provisions will nevertheless continue in
full force and effect.
Entire
Agreement. This Agreement, together with all policies, guidelines
and amendments set out, from time to time, by EZONET anywhere on the
site www.EZONET.com.my , constitutes the entire agreement between
the parties with respect to the subject matter of the Agreement and
supersedes all previous negotiations, proposals, commitments,
writings and understandings of any nature whatsoever, whether oral
or written.
Survival.
Any terms and conditions of this Agreement, which by their nature
extend beyond the term or expiry of this Agreement shall survive the
termination or expiry of this Agreement. This includes, without
limitation, Article 5 (No Representations or Warranties), Article 6
(Limitation of Liability), Article 7 (Indemnity), Article 9
(Assignability) and this Article 10 (General).
Headings.
The headings and captions used in this Agreement are inserted only
as a matter of convenience and for reference and in no way are to be
construed as defining, limiting, or describing the scope or intent
of this Agreement.
Remedies
Cumulative. Unless otherwise set out in this Agreement the rights
and remedies granted to each party under this Agreement are
cumulative and are in addition to each party's rights provided by
law or otherwise. Each party may exercise its rights concurrently or
separately. The exercise of one remedy is not deemed an exclusive
election of that remedy, nor does it preclude the exercise of any
other remedy.
Counterparts
or Electronic Acceptance. This Agreement may be executed in
counterparts, each of which is deemed to be an original and all of
which together are deemed to be one and the same instrument, or may
be executed by indicating assent through electronic means.
11.
Payment Policies. In the instance of the EZONET PLUS HOSTING
PLAN™, EZONET ADVANTAGE PLAN™, EZONET BUSINESS PLAN™,
and separately signed proposal the following provisions apply:
Payment.
Payment must me made in full for the entire term selected prior to
account activation.
Billing
Cycle. All EZONET hosting accounts are setup on anniversary billing
cycles. User’s billing cycle corresponds to contract length
initially chosen during setup. User’s account will
automatically renew at this length.
Dormant
Accounts. User accounts that remain unpaid after expiry date will be
considered dormant and hosting service will be suspended until
payment has been made.
Automated
Billing. If user enables automated billing option, user’s
credit card will be billed 5 days prior to expiry date. If credit
card fails, e-mail notification will be sent to user and account
will be switched to manual billing. User will then be responsible
for submitting payment manually. If payment is not submitted by date
of expiry, account will fall into dormant status.
12.
Right to Refuse Service. EZONET reserves the right to refuse
services to any User in the event that User does not abide by the
provisions set out in this Agreement. If EZONET deems the User to be
a hindrance on business, the User will be "blacklisted" and
EZONET will not in the future, provide any services to User. In any
such event, EZONET will give User 15 (fifteen) Calendar days notice
to find another provider for their web hosting needs.
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