| The
following agreement is by and between Intech
Data Solution and you. WHEREAS,
Intech Data Solution is a Web Presence
Provider connected to the Internet. Intech Data
Solution offers storage and transfer services
over the Internet through access to its Web
Server;
WHEREAS,
you as the client seeks to utilize Intech Data
Solution's server for its own purposes;
WHEREAS,
the parties acknowledge that the Internet is
neither owned nor controlled by any one entity;
therefore, Intech Data Solution can make no
guarantee that any given reader shall be able to
access Intech Data Solution's server at any given
time. Intech Data Solution represents that it
shall make every good faith effort to ensure that
its server is available as widely as possible and
with as little service interruption as possible;
NOW
THEREFORE, in consideration of the mutual
promises contained herein, the parties agree as
follows;
I.
Financial Arrangements:
- Client
agrees to a monthly/quarterly/yearly
contract, beginning upon Intech Data
Solution's receipt by fax, mail or
express mail of the contract or payment.
Intech Data Solution will not accept
contracts by electronic mail.
- First
month/quarter/year's payment plus setup
charges, if any, shall be due upon
receipt of contract.
- This
agreement will automatically renew unless
cancelled in writing 14 days prior to the
monthly/quarterly/yearly renewal date.
Renewal prices are subject to change.
Renewal of services by Client indicates
agreement to Contract revisions.
II.
Taxes:
Intech
Data Solution shall not be liable for any taxes
or other fees to be paid in accordance with or
related to purchases made from Client or Intech
Data Solution's server. Client agrees to take
full responsibility for all taxes and fees of any
nature associated with such products sold.
III.
Responsibilities:
Intech
Data Solution exercises no control whatsoever
over the content of the information passing
through the network. Intech Data Solution make no
warranties or representations of any kind,
whether expressed or implied for the service it
is providing. Intech Data Solution also disclaims
any warranty of merchant-ability or fitness for
particular purpose and will not be responsible
for any damages that may be suffered by the
Client, including loss of data resulting from
delays, non-deliveries or service interruptions
by any cause or errors or omissions of the
Client. Use of any information obtained by way of
Intech Data Solution is at the Client's own risk
and Intech Data Solution specifically denies any
responsibility for the accuracy or quality of
information obtained through its services.
Connection speed represents the speed of a
connection to and do not represent guarantees of
available end-to-end bandwidth. Intech Data
Solution expressly limits its damages to the
Client for any non-accessibility time or other
down time to the pro-rata monthly charge during
the system unavailability. Intech Data Solution
specifically denies any responsibilities for any
damages arising as a consequence of such
unavailability. In the event that this material
is not "Server-ready", Intech Data
Solution may, at its option and at any time,
reject this material, including but not limited
to after it has been put on Intech Data
Solution's Server. Intech Data Solution agrees to
notify Client immediately of its refusal of the
material and afford Client the opportunity to
amend or modify the material to satisfy the needs
and/or requirements of Intech Data Solution. If
the Client fails to modify the material, as
directed by Intech Data Solution, within a
reasonable period of time, which shall be
determined between the parties themselves, the
Agreement shall be deemed to be terminated.
IV.
Trademarks & Copyrights:
Client
warrants that it has the right to use the
applicable trademarks, if any and grants Intech
Data Solution the right to use such trademarks in
connection with Intech Data Solution's Server
service.
V.
Age:
The
Customer certifies that he or she is at least 18
years of age.
VI.
Internet Etiquette:
Electronic
forums such as mail distribution lists and Use
Net news groups all have expectations regarding
subject area and appropriate etiquette for
posting. Users of these forums should be
considerate
Of
the expectations and sensitivities of others on
the network when posting material for electronic
distribution. The network resources of Intech
Data Solution may not be used to impersonate
another person or misrepresent authorization to
act on behalf of others or Intech Data Solution.
All messages transmitted via Intech Data Solution
should correctly identify the sender; users may
not alter the attribution of origin in electronic
mail messages or posting. Users must not attempt
to undermine the security or integrity of
computing systems or networks and must not
attempt to gain unauthorized access. NO
SPAMMING, PROVEN SPAM WILL RESULT IN IMMEDIATE
TERMINATION OF SERVICE WITH NO REFUNDS
VII.
Termination:
Either
party, without cause, may terminate this
Agreement by giving the other party 14 days
written notice. Notwithstanding the above, Intech
Data Solution may terminate service under this
Agreement at any time, without penalty, if the
Client fails to comply with the terms of this
Agreement. No refund will be available if user
terminated before contracted period.
VIII.
Limited Liability:
- Client
expressly agrees that use of Intech Data
Solution's Server is at Client's sole
risk. Neither Intech Data Solution, its
employees, affiliates, agents, third
party information providers, merchants
licensers or the like, warrant that
Intech Data Solution's Server service
will not be interrupted or error free;
nor do they make any warranty as to the
results that may be obtained from the use
of the Server service or as to the
accuracy, reliability or content of any
information service or merchandise
contained in or provided through the
Intech Data Solution Server service,
unless otherwise expressly stated in this
Agreement.
- Under
no circumstances, including negligence,
shall Intech Data Solution, its offices,
agents or any one else involved in
creating, producing or distributing
Intech Data Solution's Server service be
liable for any direct, indirect,
incidental, special or consequential
damages that result from the use of or
inability to use the Intech Data Solution
Server service; or that results from
mistakes, omissions, interruptions,
deletion of files, errors, defects,
delays in operation, or transmission or
any failure of performance, whether or
not limited to acts of God, communication
failure, theft, destruction or
unauthorized access to Intech Data
Solution's records, programs or services.
Client hereby acknowledges that this
paragraph shall apply to all content on
Intech Data Solution's Server service.
- Notwithstanding
the above, Client's exclusive remedies
for all damages, losses and causes of
actions whether in contract, tort
including negligence or otherwise, shall
not exceed the aggregate dollar amount,
which Client paid during the term of this
Agreement and any reasonable attorney's
fee and court costs.
IX.
Lawful Purpose:
Client
may only use Intech Data Solution's Server for
lawful purpose. Transmission of any material in
violation of any International, State or Local
regulation is prohibited. This includes, but is
not limited to copyrighted material, material
legally judged to be threatening or obscene,
pornographic, profane, or material protected by
trade secrets. Intech Data Solution expressly
forbids anyone from using Intech Data Solution's
servers for the propagation, distribution,
housing, processing, storing, or otherwise
handling in any way lewd, obscene, or
pornographic material, or any other material
which we deem to be objectionable, including, but
not limited to pornography, satanic materials,
and any and all materials of an adult nature.
This also includes links or any connection to
such materials. The designation of any materials
as such described above is left entirely to the
discretion of the Intech Data Solution
management.
X.
Indemnification:
Client
agrees that it shall defend, indemnify, save and
hold Intech Data Solution harmless from any and
all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees,
("Liabilities") asserted against Intech
Data Solution, its agents, its customers,
servants officers and employees, that may arise
or result from any service provided or performed
or agreed to be performed or any product sold by
Client, its agents, employees or assigns. Client
agrees to defend, indemnify and hold harmless
Intech Data Solution against Liabilities arising
out of (i) any injury to person or property
caused by any products sold or otherwise
distributed in connection with Intech Data
Solution's Server; (ii) any material supplied by
Client infringing or allegedly infringing on the
proprietary rights of a third party; (iii)
copyright infringement and (iv) any defective
product which Client sold on Intech Data Solution
Server.
XI.
Contract Revisions:
Revisions
to this Contract will be applicable to previous
Contracts. Revisions will be considered agreed to
by the Client on renewal of Intech Data Solution
Services as specified in Section I. Financial
Arrangements.
XII.
Content Clause:
Client
agrees not to publish adult-related,
pornographic, or otherwise publicly offensive
material using Intech Data Solution's server. All
content is subject to denial at any time on the
basis of controversial media.
This
Agreement constitutes the entire understanding of
the parties. Any changes or modifications to this
Contract thereto are agreed to by the both
parties upon renewal of services.
This
Agreement shall be governed and construed in
accordance with the Malaysia laws.
|