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TERMS AND CONDITION
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1. ACCEPTANCE OF TERMS NetworkMalaysia provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular NetworkMalaysia services, you and NetworkMalaysia shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE NetworkMalaysia currently provides users with online advertising services amongst other things (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the Terms of Service. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS In consideration of use of the Service, you agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or NetworkMalaysia reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NetworkMalaysia has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. NetworkMalaysia PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Malaysia or the country in which you reside.
6. MODIFICATIONS TO SERVICE NetworkMalaysia reserves the right at anytime and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NetworkMalaysia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. TERMINATION You agree that NetworkMalaysia, in its sole discretion, may terminate your account or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NetworkMalaysia believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NetworkMalaysia may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that NetworkMalaysia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NetworkMalaysia shall not be liable to you or any third-party for any termination of your access to the Service.
8. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NetworkMalaysia has no control over such sites and resources, you acknowledge and agree that NetworkMalaysia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NetworkMalaysia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. NetworkMalaysia's PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized NetworkMalaysia or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. NetworkMalaysia grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assembler otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NetworkMalaysia for use in accessing the Service.
10. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. NetworkMalaysia EXPRESSLY DISCLAIMS 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. (b) NetworkMalaysia MAKES NO WARRANTY THAT(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NetworkMalaysia SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NetworkMalaysia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17MAY NOT APPLY TO YOU.
13. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
14. COPYRIGHTS NetworkMalaysia respect the intellectual property rights of others and we ask our users to do the same.
15. VIOLATIONS Please report any violations of the Terms of Service to our Customer Service Team.
16. NetworkMalaysia uses its best efforts to maintain NetworkMalaysia, but is not responsible for the results of any defects that may be found to exist in NetworkMalaysia, or any lost profits or other consequential damages that may result from such defects. You should not assume that NetworkMalaysia is error-free or that it will be suitable for the particular purpose that you have in mind when using it.
17. All information and files that you obtain from NetworkMalaysia are provided "as is". In no event will NetworkMalaysia be liable for your inability to access the information or for any damage you suffer, including, but not limited to, destruction of data or damage to your equipment, whether such damage is direct, incidental or consequential, and whether caused by mistake, omission, interruption, deletion of files or messages, errors, defects, delays in operation or transmission, failure of equipment or performance, negligence or otherwise. You agrees to indemnify and hold NetworkMalaysia harmless against any and all claims or liabilities arising out of use of any information provided on the service by you or by anyone directly or indirectly obtaining such information through you.
18. The services provided on NetworkMalaysia are available to everyone regardless of race, creed, sex, age, national origin, ancestry, marital status, sexual preference or handicap. We expect the users of NetworkMalaysia to be consistent with this policy, and to keep this policy in mind when submitting URL to NetworkMalaysia.
19. At no time can any of the information found on NetworkMalaysia be re-loaded on any other Internet site, bulletin board or other on-line service either in whole or in part, or re-distributed in any other way, without the written permission of NetworkMalaysia. By submitting your URL to NetworkMalaysia, you acknowledge that you have read this disclaimer and agree to what is stated within. If you disagree with this disclaimer, then you must contact NetworkMalaysia or send a message to webmaster asking for the remove of your link. 20. NetworkMalaysia freely grants permission to anyone wishing to link to NetworkMalaysia; NetworkMalaysia will gladly remove any link from this home page upon request from the linked entity. 21.You
agree to defend, indemnify, and hold harmless NetworkMalaysia, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting whether directly or indirectly from your use of the Site
or Material (including Software) or your breach of the terms of this Agreement.
NetworkMalaysia shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such claim,
suit or proceeding.
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