TERMS & CONDITIONS : BITT User Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY :

1. Agreement and General Terms of Use

1.1 This Agreement governs your use of Malaccacom.net information service (the "Service") which, is operated by Boustead IT Telecommunication Sdn Bhd ("BITT").

1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorised user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.

1.3 BITT reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by BITT. IF AT ANY TIME THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICE.

2. Your Obligations

2.1 You hereby agree to be solely responsible for providing true, accurate, current and complete information and data about you as may be required for your access to and use of the Service and to further maintain and promptly update such information and data to keep it true, accurate, current and complete.

2.2 If you provide any information or data that is false, inaccurate, out of date or incomplete or BITT has reasonable grounds to suspect that such information or data is false, inaccurate, out of date or incomplete, BITT may, notwithstanding its other rights and remedies, suspend or terminate your access and use of the Service (or any portion thereof).

2.3 You acknowledge and agree to be solely responsible for the security of your password. You agree to use the password for your own use only and not permit others to use your password. You further agree that BITT is not liable for any unauthorized use of the Service and that any use of your password on or in relation to the access and/or use of the Service shall be deemed to have been made by you whether or not it was made by you or someone purporting to be you.

2.4 You acknowledge that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment that you incur in order to access and/or use the Service.

3. Use of Content

3.1 The Service and all information, data, text, photographs, graphics, logos, messages, video, music, sound or other materials ('content') provided on or in connection with the Service is provided by or to BITT by its manufacturers, authors, developers and vendors (hereinafter referred to as 'third party content providers') and is protected by copyright, trademark, and other applicable intellectual property and proprietary laws and is owned and/or controlled by BITT and/or its third party content providers.

3.2 You may download content from the Service provided that it is solely for your personal, non-commercial, internal use, and you will make no other use of the content without the express written permission of BITT and the copyright owner or its authorised agent. You may not copy, modify, (re)publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, found on the Service. You may not make any changes or modifications to any content that you are permitted to download under this Agreement, and in particular you may not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to BITT and/or its licensors.

4. Rules of Conduct

4.1 You acknowledge and agree that the content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the content originated and as such, BITT does not guarantee the accuracy, completeness, currentness, integrity or quality of such content.

4.2 Further you acknowledge that the content provided on the Service, including any information, data and materials that you provide may not be free from interference by third parties and you agree to accept all risks of unauthorized access to such information, data and materials.

4.3 You shall not post on the Service any content which is (a) seditious, libellous, defamatory, threatens the security of the nation, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.

4.4 You shall not use the Services for any unlawful activities not otherwise covered herein, including without limitation, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, impersonating, pretending, spoofing, falsely stating or otherwise misrepresenting yourself as another person or entity, collecting or storing personal data about other users, forging headers or otherwise manipulating identifiers in order to disguise the origin of any content, uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any applicable law, or under contractual or fiduciary relationship and uploading, posting or otherwise transmitting any content that contains software viruses or any other computer code, files or program designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

4.5 You warrant that any material or information that you make available through the Service, is solely your original work, or that you have all necessary rights and licences to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from your making any material or information available through the Service.

4.6 You acknowledge and agree that you shall not use the Service for the transmission of spam newsgroup postings or unsolicited e-mail in violation of these provisions and that BITT is, notwithstanding its other rights and remedies, whether in law or in equity, entitled to obtain injunctive relief against any such transmission. BITT reserves the right to block, filter or delete unsolicited e-mail.

4.7 You acknowledge and agree that though BITT will attempt to deliver all the e-mail that is addressed to your e-mail address on the Service, there may be instances where a third party, who may or may not be a user of the Service, relays or attempts to relay large numbers of e-mail messages, in bulk, off or through BITT's server(s). BITT hereby reserves the right to discard that bulk relay e-mail because it is an unauthorized use of BITT's equipment. Any e-mail addressed to you in care of the Service that is included in that bulk relay e-mail may not be delivered to you.

4.8 By making any material or information available through the Service, you automatically grant to BITT a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and license to edit, copy, publish, distribute, translate and otherwise use in any medium any content that you place on the Service without compensation to you. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal, internal use.

4.9 BITT has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and BITT is not responsible for any content of this material or information. However, BITT reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libellous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, BITT reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

5. Disclaimer of Warranties; Exclusion of Liability

5.1 You expressly agree that use of the Service is at your sole risk. Neither BITT nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents), [hereinafter referred to collectively as 'BITT Parties'] warrant that the Service will be uninterrupted or error free, free from intrusion or attack by any person, computer viruses, trojan horse, worms and/or other harmful or destructive components or that any identified defect will be corrected or that there will be no delays, failures, errors or loss of transmitted information.

5.2 BITT and BITT Parties hereby expressly disclaims any and all responsibility or liability for the accuracy, reliability, completeness, validity, currentness, quality or availability of content, information, material, postings, or posting responses found on the Service, any merchandise or services provided through the Service, or any links to other sites or services made available on the Service.

5.3 The information on the Service is provided solely on the basis that users will be responsible for making their own assessments of the matters discussed and are advised to verify all relevant representations, statements and information and obtain independent professional advice before acting and/or relying on any information contained in or in connection with the Service.

5.4 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

5.5 NEITHER BITT OR ANY BITT PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, TECHNICAL HARDWARE OR SOFTWARE FAILURE, COMPUTER VIRUSES OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN THE EVENT BITT IS FOUND LIABLE FOR ANY FORM OF LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICE THE TOTAL LIABILITY OF BITT WILL BE LIMITED TO RM100.

5.6 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BITT AND ANY OF BITT PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

6. Links

6.1 The Service may contain links to other websites, which are owned and operated by other parties. The presence of such links are meant for convenience only and shall not be considered as an endorsement, verification or approval of that party's website or its contents. The linking to such websites and the reliance and/or use of the information or services provided therein is at your own risk and BITT makes no warranties in respect of the contents of those websites and shall not be responsible or liable for any loss or damages in connection therewith.

7. Indemnity

7.1 You agree to indemnify, defend and hold BITT and any BITT Party harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any BITT Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorised by you. Notwithstanding the above, BITT reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BITT's defence of such claim.

8. Termination of Service

8.1 BITT reserves the right, it its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. BITT may change, suspend or discontinue all or any aspect of the Service any time, including the availability of any feature, database, or content, without prior notice or liability.

9. Miscellaneous

9.1 Notwithstanding where you gain access to the Service, this Agreement, your performance under it, and any disputes arising under it shall be governed and construed in accordance with the laws of the Malaysia, and the parties irrevocably consent to bring any and all actions, disputes, or controversies relating to this Agreement to the exclusive forum, jurisdiction, and venue of the Courts of Malaysia.

9.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

9.3 Sections 3, 4, 5 and 6 shall survive any termination of this Agreement as well as any other provision, which by their terms or sense are intended to survive.

9.4 Any forbearance or failure of BITT in exercising or enforcing any right or provision of this Agreement shall not operate as a waiver of such right or provision unless made in writing and any such waiver made by BITT shall not operate as a waiver of any right or provision in the future unless expressly stated so in writing.

9.5 If any part of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions herein and any provision not effected by such invalidity or unenforceability shall remain in full force and effect.

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