Thursday, 20 May 2004
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COMMERCE DOT COM SDN BHD (CDC) E-MAIL TERMS OF USE Thank you for registering with CDC for use of our free e-mail service ("Service") on the CDC website ("Website"). By registering with us and using the Service, you shall be classified as and deemed to be a User and you agree to be bound by these Terms of Use. If you disagree with and do not wish to be bound by these Terms of Use, please do not use the Service. In this document, the term "you" (including grammatical variations thereof) and "User" are used interchangeably and refer to one and the same person. 1. REGISTRATION & LIMITED USE LICENSE 1.1. Registration is required in order to access and use the Service. You represent and warrant that (i) you have the authority and/or power to register to use the Service, (ii) you are the person corresponding to the one entered in the registration form, and (iii) the information supplied in the registration form is true and correct. CDC reserves the right to reject or cancel your registration at its absolute discretion if your registration details are incomplete, untrue, false or fraudulent. 1.2. You hereby authorise CDC to release the information you provided in the registration form for purposes of law enforcement or in order to co-operate with any regulatory authority or governmental body. 1.3. Subject to these Terms of Use, you are granted a non-exclusive, non-transferable, limited right to access and use the Services. You agree to abide by all the terms and conditions contained herein and all additional or other rules and regulations displayed on this Website, as they may be updated from time to time. Users who are inactive may have their account(s) with the Service suspended or terminated. 2. MAILBOX SIZE 2.1. You will be granted a mailbox size of five megabytes (5 MB) and should take care not to exceed the mailbox size limit. You may not receive any additional mail if your mailbox is full. The mailbox size may be varied by CDC at its discretion from time to time and you will be given notice of such variation if any. 3. LINKS & ADVERTISEMENTS 3.1. The Website may contain links to other third party websites ("Linked Sites"). CDC does not control the Linked Sites nor their contents or services. You visit the Linked Sites at your own discretion and risk and CDC does not make any representation or warranty to you as to whether a Linked Site is functional, suitable, safe or appropriate. The presence of a link does not imply that CDC endorses or supports the Linked Site or that CDC has any association with it. 3.2. Advertisements placed by third party advertisers/companies ("Advertisers") may appear on the Website. The content of the advertisement and the terms of any promotions contained therein are governed by the Advertiser. You are responsible for any dealings whatsoever between yourself and the Advertiser (including payment for and delivery of goods or services, response to queries, customer support, etc.). CDC will not be responsible or liable for any dealings or transactions between yourself and the Advertiser. The presence of an advertisement does not imply that CDC endorses or supports the advertisement or Advertiser or that CDC has any association with them. 4. PASSWORD & SECURITY 4.1. You select your own username (subject to availability) and password to access and use the Service. Each User is solely and fully responsible for the security of his own username and password. CDC is not responsible or liable for any loss, theft, misuse or abuse of your username and password and account. You shall be responsible for all uses of your account, whether or not authorized by you. You are obliged to immediately notify CDC of any unauthorized use of your account. 5. TERM & TERMINATION 5.1. These Terms of Use are effective and binding on you as of the date you register for the Service and will remain in full force and effect until terminated according to the provisions herein. 5.2. Your account may be terminated by CDC if you breach any of the terms and conditions herein. Upon termination, you will no longer have access to the Service. 6. INTELLECTUAL PROPERTY 6.1. The Service and Website, including but not limited to the content, text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted and protected by worldwide copyright laws and treaty provisions. Except as expressly stated herein, all rights are reserved by CDC and CDC does not grant any express or implied right or title to you under any patents, trade marks, copyrights or trade secret information. 6.2. All trade marks, service marks, and trade names (collectively the "Marks") are trade marks or registered trade marks of and are proprietary to CDC or other respective owners that have granted CDC the right and license to use such Marks. 7. USER CONDUCT & RULES 7.1. You agree to use the Service for lawful purposes only. You shall not engage in any activity or conduct that may result in civil or criminal liability for CDC. 7.2. You agree to use only the e-mail address assigned to you by CDC and shall not in any way misrepresent or pass-off an e-mail address not belonging to you as your e-mail address. 7.3. You agree not to interrupt or attempt to interrupt the operation of the Service or Website in any way. You may not launch any viruses, worms, Trojan horses, malicious code, port scans, sniffers, penetration tests, or hacking attempts whatsoever against the Service or Website. 7.4. You agree not to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind including without limitation, pyramid schemes, surveys, commercial advertising, political tracts, announcements, etc. 7.5. You may not post or transmit any material or message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any material, message, data, image or program which is indecent, obscene or pornographic. 7.6. You may not post or transmit any message, data, image or program that would violate or infringe the rights of others, including without limitation unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. 7.7. You may not post or transmit any material or message which contains viruses, worms, Trojan horses or any other contaminating or destructive features. 7.8. You may not originate or propagate any chain letters. 7.9. You may not post or transmit any material or message which is harmful, threatening, abusive or hateful or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. 7.10. You may not use the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others. 7.11. You may not interfere with other users' use of the Service. 7.12. CDC reserves the right to monitor any material or message received, sent or passing through the Service. Your activities and IP address may be logged by CDC. CDC reserves the right to remove or bar any material or message which CDC, in its sole discretion, determines to be undesirable, harmful, offensive, or otherwise in violation of these Terms of Use. 8. INDEMNITY BY USER 8.1. You agree to defend, indemnify, and hold harmless CDC, its officers, directors, employees, agents, licensors, suppliers and any third party suppliers to the Service from and against all losses, liabilities, claims, and expenses (including lawyer's fees), that arise from your use, abuse or misuse of the Service, including without limitation, (i) a claim for patent, trademark, copyright or other intellectual property right or proprietary right infringement being made by a third party against CDC in relation with your use of the Service; (ii) the use of the Service by a person using your account with or without your authority; (iii) your non-compliance with these Terms of Use. 9. DISCLAIMERS & LIMITATION OF LIABILITY 9.1. CDC IS NOT RESPONSIBLE FOR ANY MESSAGES, CONTENT OR ATTACHMENTS SENT OR RECEIVED BY YOU USING OR THROUGH THE SERVICE. YOU ARE ENCOURAGED TO TAKE REASONABLE CARE AND PRECAUTIONS (FOR EXAMPLE: USING VIRUS SCANNERS) BEFORE OPENING ANY E-MAIL. CDC SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE, INCONVENIENCE, EMBARRASSMENT, LOSS OR HARM SUFFERED BY YOU IN USING THE SERVICE. YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. 9.2. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE SERVICE. CDC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MESSAGES OR ATTACHMENTS SENT OR RECEIVED USING OR THROUGH THE SERVICE. 9.3. CDC DOES NOT WARRANT THAT THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT PROBLEMS WITH THE SERVICE OR WEBSITE WILL BE CORRECTED. THE SERVICE AND WEBSITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. 9.4. IN NO EVENT WILL CDC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OR CORRUPTION OF DATA, AND THE LIKE) ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SERVICE OR (II) ANY MESSAGES, CONTENT OR ATTACHMENTS SENT OR RECEIVED BY YOU USING OR THROUGH THE SERVICE, EVEN IF CDC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE THE FOREGOING LIMITATION IS NOT APPLICABLE, CDC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 10. MODIFICATION OF TERMS OF USE 10.1. These terms and conditions may be modified at any time and from time to time at CDC's discretion, and such modifications shall be effective immediately upon posting thereof on the Internet. You are encouraged to periodically check these Terms of Use for changes and your continued access to or use of the Service shall be deemed conclusive acceptance of the modified terms and conditions. 11. MODIFICATION OF SERVICE/WEBSITE 11.1. CDC shall have the right at any time to change, add or discontinue any aspect or feature of the Service and/or Website, including, but not limited to, content, availability and equipment (including software) needed for access or use. 12. MISCELLANEOUS 12.1. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia for any disputes, claims, or actions relating hereto. 12.2. Failure by CDC to enforce, at any time, any provision herein shall not be construed as a waiver of its right to enforce the breach of such provision or any other provision herein or as a waiver of any continuing, succeeding or subsequent breach of any provision herein. 12.3. CDC may assign its rights and duties hereunder to any party at any time without notice to you. You may not assign your rights and benefits to any 3rd party. 12.4. If any provision herein is held to be illegal or invalid under present or future laws, such provision shall be fully severable and these Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part thereof and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance therefrom. 12.5. If for any reason a court of competent jurisdiction finds any provision herein or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. 12.6. These Terms of Use represent the entire agreement between CDC and you with respect to the subject matter hereof and replaces and supersedes all prior agreements and understandings with respect to the subject matter hereof. 13. PRIVACY 13.1. The information you provide during registration and your e-mail address is maintained by CDC and/or its related or affiliated corporations. Your information may be used to offer you notices about other CDC products or services (or those from CDC's related or affiliated corporations) and to further customise your experience with CDC. 13.2. Occasionally, CDC may make your contact details available to other organisations whose products or services CDC thinks you may find interesting. In these cases, you will be offered an opportunity to limit access to your information.
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