The provisions of this policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited. We reserve the right at all times to prohibit activities that damage our commercial reputation and goodwill. Any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate services termination, which may be without notice.
Unacceptable Use
The following use of any of our servers for the following purposes is prohibited:
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to send duplicate, unsolicited e-mail messages (commercial or otherwise), or; |
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to collect the responses from unsolicited e-mail, or; |
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to post advertisements or messages that violate the charter of any newsgroup or mailing list. |
We reserve the right to decide whether a message violates the newsgroup or mailing list charter. In most cases we will defer to the judgment of the newsgroup or mailing list moderator or administrator.
Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients are permitted.
Conduct in connection with e-mail or Usenet news that is an obvious nuisance (such as "mail bombing") or that would be unlawful in other contexts (for example but not limited to, threats, harassment, defamation, obscenity, or software piracy) is prohibited.
Forgery of Identity
Falsifying address information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing this policy, is prohibited. This provision is not intended to disallow the use of aliases or
anonymous remailers for any legitimate purpose.
Copyright, Privacy, and Intellectual Property
Using one of our hosted Domain Names to commit, aid or abet any violation of copyright or intellectual property law is prohibited. This prohibition includes publishing a private e-mail message or that of a third party, by any means, without the express prior consent of the author.
Our and your e-mail addresses are not for sale or commercial distribution to third parties without our express prior consent or that of the subscriber.
Cooperation with Other Providers
Using our facilities to engage in activities that violate the terms of services of any other Internet Services Provider is prohibited. For example but without limitation, sending unsolicited commercial e-mail through our facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited.
Consequences of Violation
Violation of this policy may result in temporary suspension or permanent termination of one or more service at our sole discretion. We do not issue service credits for any outages incurred though service disablement resulting from policy violations.
Modification
We reserve the right to add, delete or modify any provision of this policy at any time without notice.
Your Obligations and Warranties
You represent, undertake and warrant to us that you will use our services for lawful purposes and only as authorised herein. In particular, you represent, warrant and undertake to us that you will:
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keep secure and not disclose any password which may be given to you by us to third parties and that any such password will only be used for the authorised purpose communicated to you by us and further that you will notify us immediately of any known or suspected unauthorised use of the password. You will be liable for any unauthorised use of your password; |
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observe the procedures which we may from time to time prescribe; |
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not post, link or transmit to any of our servers any material which is unlawful, abusive, malicious, threatening, defamatory, obscene, pornographic, blasphemous or otherwise objectionable in any way; |
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not post, link or transmit to any of our servers any material which contains a virus or other hostile computer program or run any applications that could lead to a modification of the physical or logical structure of the networks being used; |
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not post, link or transmit to any of our servers any material which constitutes or encourages the commission of a criminal offence or which infringes any patent, trade mark, design rights, copyright or any other intellectual property right or similar rights of any persons; |
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adhere to laws for the protection of minors; |
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respect the privacy of others and that you will not send unsolicited, harassing, slanderous or threatening content; |
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not use any names, documents, pictures or other elements of our site so as to create the impression of any relationship whatsoever with any of our products or services, or of support for any of our products or services without our prior written consent; |
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not develop or attempt to develop programs designed to bypass the user interface to access our program functions; |
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treat all confidential and proprietary information and documents provided by us to you, including without limitation any password, as confidential and not to disclose the same to a third party. |
This Service Agreement ('Agreement') is a legal agreement made by CubeMatch Sendirian Berhad (‘CubeMatch’), and you, either an individual or a single legal entity, (and also binding your heirs, assigns, agents, successors, and contractors) (collectively, 'Client') and is effective upon electronic execution or as further provided herein. This Agreement sets forth the terms and conditions governing your use of CubeMatch’s systems, software, or services. The client must accept the terms of this Agreement before using CubeMatch provided systems, software, or services. If the client does not agree to the terms of the Agreement, the client is not authorized to use CubeMatch’s systems, software, or services, and the client must, without a grace period, cease any use or access of CubeMatch’s systems, software, or services. Unauthorized use or access of CubeMatch’s systems, software, or services may subject the client to civil and criminal sanctions.
CubeMatch is an Internet Service Provider offering storage and transfer of documents and other information over the Internet;
WHEREAS, Client seeks to use these servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, CubeMatch can make no guarantee that any given party shall be able to access the server made available by CubeMatch at any given time. CubeMatch represents that it shall make every good faith effort to ensure that the 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 |
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Length of service
Client agrees to an initial twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by the Client and shall be determined solely by CubeMatch. |
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Service start date
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon CubeMatch's receipt of payment for such first Term of service or upon a mutually agreed upon other date. |
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Renewal by client
This agreement will automatically renew for successive 12 month Terms unless cancelled in writing by Client at least30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to your account. |
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Failure to pay |
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In the case of a web site hosted on a CubeMatch hosting server, failure of Client to remit payment to CubeMatch by the invoice due date is cause for removal of the Client's web site files from the CubeMatch hosting server. Client agrees that CubeMatch shall not be held liable for such removal or disconnection. |
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In the case of a customer's co-located server, failure of a Client to remit payment to CubeMatch by the invoice due date is cause for the server to be disconnected from the CubeMatch network and unplugged without further notification by CubeMatch. Client agrees that CubeMatch shall not be held liable for such removal or disconnection. Disconnected customer owned equipment shall be returned to the customer only upon full payment of outstanding invoices, less any credits due based on our Refund Policy, below. CubeMatch shall not be held responsible for such equipment when held in such disconnected/unplugged fashion for over 60 days, after which the equipment will be deemed to be abandoned by the customer. |
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Refund Policy |
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As detailed above, cancellation by Client must be in writing with 30 days notice. |
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Setup charges are not refundable under any circumstances. |
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The first Term of service is not refundable under any circumstances. |
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Refunds of renewal fees paid to CubeMatch shall only be made for fully unused calendar months of service that the Client desires to cancel. |
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Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of the CubeMatch Policies and Terms of Service Agreement. |
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| II. Taxes |
| CubeMatch shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or CubeMatch's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. |
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| III. Material and Products |
| CubeMatch will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the CubeMatch Policies and Terms Of Service Agreement. |
CubeMatch makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. CubeMatch also disclaims any warranty of merchantability or fitness for any 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 CubeMatch is at the Client's own risk, and CubeMatch specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. CubeMatch does not represent guarantees of speed or availability of end-to-end connections.
CubeMatch expressly limits its damages to the Client for any non-accessibility time or other down time to the prorata monthly charge during the system unavailability. CubeMatch specifically denies any responsibilities for any damages arising as a consequence of such unavailability. |
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| IV. Trademarks & Copyrights |
| Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. |
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| V. Policies |
Client agrees to all terms in the CubeMatch Policies and Terms Of Service Agreement.
CUBEMATCH network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or CUBEMATCH. All messages transmitted by Client 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. |
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| VI. Termination |
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This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal, email or fax transmission. CUBEMATCH reserves the right to verify all cancellations before terminating service. Notwithstanding the above, CUBEMATCH may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement. |
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Termination for any violation of the CUBEMATCH Policies and Terms of Service Agreement shall be immediate. CUBEMATCH may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the CUBEMATCH Terms of Service agreement or should the Client fail to remit payment to CUBEMATCH by the Client's invoice due date. |
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Client may be liable for certain fees relating to termination when such termination is due to Unsolicited Commercial E-Mail. |
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Notice of cancellation: Written notice of cancellation may be by postal mail, email or fax transmission. |
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| VII. Limited Liability |
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Client expressly agrees that use of the Server offered by CUBEMATCH is at Client's sole risk. Neither CUBEMATCH, its employees, affiliates, agents, merchants licensers or the like, warrant that the 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 CUBEMATCH Server service. Agreement. |
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Under no circumstances, including negligence, shall CUBEMATCH, its offices, agents or anyone else involved in creating, producing or distributing CUBEMATCH'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 CUBEMATCH 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 CUBEMATCH's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on CUBEMATCH's Server service. |
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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. |
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| VIII. Lawful Purpose |
| Client may only use CUBEMATCH's Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets. |
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| IX. Indemnification |
Client agrees that it shall defend, indemnify, save and hold CUBEMATCH harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against CUBEMATCH, 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 CUBEMATCH against Liabilities arising out of any of the following:
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any injury to person or property caused by any products sold or otherwise distributed in connection with CUBEMATCH's Server service; |
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any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; |
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any defective product which Client sold on the Server offered by CUBEMATCH. |
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| X. Domain Name Ownership, Disputes, and Use |
Any domain name registered by CUBEMATCH on behalf of Client is the property of said Client after the Client has paid CUBEMATCH any registration fees that CUBEMATCH has incurred on behalf of the client. CUBEMATCH claims no ownership over Client domain names that the Client has paid to register. At its option, CUBEMATCH will either arrange for any billing for names registered by CUBEMATCH on behalf of Client to be sent directly by the registrar or agent thereof to the Client, or CUBEMATCH will directly bill the client for these registration fees plus applicable expenses, and/or service charges, if any.
Client agrees that CUBEMATCH may be presented with information that Client's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:
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Client agrees to hold CUBEMATCH harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Client's domain is hosted at or continued to be hosted at CUBEMATCH. |
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Client agrees that CUBEMATCH has the right to discontinue name service in the event of such dispute over a Client's domain name. |
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Client agrees that should CUBEMATCH discontinue name service for Client's domain upon notification of such dispute that CUBEMATCH will not be liable for any loss of business, interruption of business, loss of Client's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if CUBEMATCH has been advised of the possibility of such damages. |
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In no event shall CUBEMATCH's maximum liability exceed one hundred (RM100.00) Ringgit. Client agrees that a CUBEMATCH contact person shall be named as the “technical or zone contact” for any domains hosted at CUBEMATCH. Client agrees that CUBEMATCH may create and use network resources with the Client's domain name for administrative, testing, and network infrastructure enhancement purposes. |
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| XI. Contract Revisions |
| Revisions to this Contract will be considered agreed to by the Client on renewal of CUBEMATCH Services as specified in Section I Financial Arrangements. |
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Revisions to this Contract will be considered agreed to by the Client on renewal of CUBEMATCH Services as specified in Section I Financial Arrangements.
This Agreement and CUBEMATCH Policies and Terms of Service Agreement constitute the entire understanding of the parties. Any changes or modifications to this Contract are agreed to by the parties upon renewal of services. This Agreement shall be governed and construed in accordance with the Malaysian laws.
If you have any questions regarding the information on this page please contact legal@cubematch.com. In witness thereof the parties have caused their duly authorised representatives to set their hands the day and year indicated below. |
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