1.
ACCEPTANCE OF TERMS OF SERVICE
1.
As a precondition and requirement to use
the services available via T&N Communication, you, for yourself and for the
company or other person(s), if any, you represent ("Subscriber" or
"Subscribers", as applicable), hereby accept and agree to be legally bound by
these Terms of Service ("Terms"). These Terms are effective immediately between
the Subscriber and Tnn.com.my Tnn.com.my, its subsidiaries and
affiliates. Each Subscriber is subject to these Terms, and by
using Tnn.com.my's services, network and/or systems (collectively the
"Services"), Subscriber agrees to be legally bound by and subject to all terms
and conditions contained in these Terms, including as well all usage policies
and other policies herein. To the extent not inconsistent therewith, these Terms
are also incorporated into the individual service agreement, if any, of each
Subscriber.
2.
Subscriber represents and warrants that,
if an individual, Subscriber is at least 18 years old and otherwise legally
competent in all respects to, or, if an entity, Subscriber is a corporation,
limited liability company, partnership, or other legal entity duly formed and in
good standing, as applicable, and possesses all legal authority and power to
accept and be bound by these Terms. Additionally, Subscriber represents and
warrants that neither it, she, or he (as applicable), nor any entity it, she or
he represents, is prohibited under any part of section 13 of these Terms from
registering or signing up with or otherwise subscribing to or receiving any of
the Services from Tnn.com.my. Further, Subscriber represents and warrants all
information provided by Subscriber to Tnn.com.my has been and is complete,
accurate, and current, and that Subscriber shall continue to provide complete,
accurate and current information to Tnn.com.my in connection with all
registration or renewal processes and further agrees to update all such
information as necessary to maintain complete, accurate and current information.
Although subscribers of paid services offered through Tnn.com.my must be at
least 18 years of age and otherwise legally competent to accept and be legally
bound by these Term, a parent or legal guardian of a minor may obtain an account
on the minor's behalf, and by doing so, consents to such minor's use of the
Services. Subscribing parents and legal guardians each for herself or himself,
as applicable, accept and agree to be legally bound by these Terms, and assume
full responsibility and liability associated with any failure of compliance with
the Terms in connection with said minor's use of any of the Services.
3.
Tnn.com.my intends to provide the best
possible web hosting service to each of its Subscribers. Tnn.com.my is also
dedicated to staying abreast of new and available technologies that will better
serve our Subscribers. However, due to changing technologies, changing laws and
the individual and collective needs of our Subscribers, Tnn.com.my reserves the
right, in its sole discretion, to change, modify, add or remove all or any part
of these Terms at any time with or without notice.
4.
Any use of the Services by Subscriber,
after changes, modifications, additions or deletions to these Terms are posted
on the Tnn.com.my website, shall constitute Subscriber's acceptance of all such
changes, additions, modifications or deletions. If a Subscriber does not agree
to any such alterations to these Terms, the Subscriber's sole and exclusive
remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
5.
Notwithstanding Tnn.com.my's right to
alter these Terms without prior notice, Tnn.com.my may, within its sole
discretion and as a courtesy to all affected Subscribers, make an effort to
provide Subscribers with 7 days advanced notice of any alteration of these Terms
if it appears to Tnn.com.my, in its sole discretion, that said alteration may
materially and adversely impact said Subscriber's use of the Services.
6.
If Subscriber is registering a new domain
name with Tnn.com.my, or using or transferring a previously registered domain
name in conjunction with Subscriber's use of the Services, Subscriber hereby
acknowledges and agrees that Subscriber's use of the domain name is also subject
to the policies of the Internet Corporation for Assigned Names and Numbers
("ICANN") and the Domain Registration Agreement located at
http://api.fastdomain.com/terms.html.
2.
TERM - PAYMENT - RENEWAL OF ACCOUNT & OF
DOMAIN
1.
Term of Service. The term of Subscriber's subscription to
the Services commences upon Subscriber's acceptance of these Terms and
terminates as set forth in Paragraphs 2.04 and 3.01.
2.
Payment. Subscriber agrees to pay all applicable
fees for Services in effect at the time of registration and/or renewal, subject
to these Terms as same may be modified by Tnn.com.my from time to time.
3.
Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14)
days prior to the expiration of Subscriber's hosting account, Tnn.com.my will
automatically renew Subscriber's hosting account, for the same duration
initially selected, at the then-current, non-promotional rate, by charging the
applicable fee to Subscriber's originally-selected method of payment. Likewise,
as a courtesy and not as an obligation (contractual or otherwise), fourteen (14)
days prior to the expiration of Subscriber’s domain, if registered with
Tnn.com.my (or one of its Affiliates), or if transferred to and registered with
Tnn.com.my (or one of its Affiliates), Tnn.com.my will automatically renew
Subscriber’s domain, for the same duration initially selected, at the
then-current, non-promotional rate, by charging the applicable fee to
Subscriber's originally-selected method of payment. Subscriber acknowledges and
confirms that the obligation to renew her/his/its account or domain is solely
and exclusively the responsibility of the Subscriber, and is not the obligation
(contractual or otherwise) of Tnn.com.my. While consenting to Tnn.com.my’s
performance of said courtesy, Subscriber hereby releases Tnn.com.my from all
liability for its failure for any reason to renew said account or said domain.
Subscriber acknowledges that there may be many reasons why Tnn.com.my is unable
to renew said account or domain, including but not limited to inability of
Tnn.com.my, for any reason, to bill said renewal to Subscriber’s credit card, to
contact or otherwise get response from Subscriber at last known email address,
or otherwise. Subscriber acknowledges that said account and/or domain, if not
renewed, for whatever reason, will expire on the account or domain expiration
date, as applicable.
4.
Cancellation of Automatic Renewal of Account or Domain. To cancel Automatic Account Renewal or Automatic Domain
Renewal, Subscriber must notify Tnn.com.my of Subscriber's intent to cancel at
least sixteen (16) days prior to the account or domain expiration date, by
directing Automatic Account Renewal Cancellation Notification and/or Automatic
Domain Renewal Cancellation Notification to Tnn.com.my, as applicable, by
sending same via email to billing@tnn.com.my. Tnn.com.my agrees that on receipt
of Automatic Account Renewal Cancellation Notification and/or Automatic Domain
Renewal Cancellation Notification under the conditions stated above, no
additional charges will be billed to Subscriber, and Subscriber's hosting
account and/or domain, as applicable, shall expire on the account expiration
date.
5.
Authority. In the event Subscriber is a corporation,
limited liability company, partnership, joint venture, other business entity or
group of individuals, the person registering for or renewing Tnn.com.my Services
on behalf of Subscriber hereby certifies that he/she has the authority to and
does hereby bind the corporation, LLC, partners, joint venture or other
individuals in this manner and in connection with Subscriber's acceptance of all
other Terms set forth herein.
3.
CANCELLATION OF SERVICES - REFUND POLICY
1.
Cancellations and Refunds.
Tnn.com.my provides a 30-day money back guarantee for new hosting account
registrations, subject to the following terms and conditions:
1.
Nonrefundable Fees: Fees paid by Subscriber in connection
with the purchase of SSL certificates, domain privacy, and domain names are
nonrefundable.
2.
Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services prior to the
expiration of 3
calendar days after registration, Subscriber will
receive a full refund of all fees paid in connection with the registration upon
request, with the exception of any Nonrefundable Fees set forth in Paragraph
3.01(A). Subscriber has the option, but not the obligation, to retain ownership
and control of any promotional "Free Domain Names" registered in connection with
the subscription, in which case Subscriber's refund will be reduced by $10 per
domain name.
3.
Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the
expiration of 3 calendar days after registration, but prior to the expiration of
30 calendar days, Subscriber will receive a refund of all fees paid in
connection with the registration, with the exception of any Nonrefundable Fees
set forth in Paragraph 3.01(A), subject to the following additional mandatory
reductions:
1.
Free Domain Names: If Subscriber registers any domain name
as part of a "Free Domain Name" promotion in connection with the registration,
Subscriber's refund will be reduced by $10 per domain name. Subscriber will
retain full ownership and control of any such domain names.
2.
Postini; DedIP Any fees paid by Subscriber in connection
with Postini or DedIP will be refunded at a prorated rate based on the
registration date, the term of service, and the date of cancellation.
4.
Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, before or after automatic
account renewal, and, with the exception of any Nonrefundable Fees set forth in
Paragraph 3.01(A) and setup fees, if any, which are nonrefundable after 30
calendar days, receive a pro-rated refund for all other fees paid for Services,
less $10 per "Free Domain Name."
5.
Notice of Cancellation.
Subscriber must direct all cancellation requests to Tnn.com.my via email sent to
billing@tnn.com.my.
2.
Chargebacks and Reversals.
In the event Subscriber issues a chargeback or reversal of charges without first
following the above cancellation procedures, the Subscriber will be responsible
for a
$50.00 billing service fee.
4.
PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in Tnn.com.my intellectual
property or technology. Tnn.com.my and related trademarks and logos are the
exclusive property of Tnn.com.my. Tnn.com.my and Subscriber agree that neither
will, directly or indirectly, reverse engineer or decompile object code or
execution code, nor otherwise seek to obtain source code or trade secrets of the
other party. Notwithstanding the foregoing, nothing herein shall bar Tnn.com.my
from using any knowledge, information or skills that are generally known or that
can be learned or otherwise acquired in the normal course of business.
5.
SECURITY AND OWNERSHIP
1.
Site Security. Tnn.com.my uses sophisticated means of
security in connection with the Services. Notwithstanding the foregoing, it is
exclusively Subscriber's obligation to maintain and control passwords to
Subscriber's web site(s), and Subscriber exclusively is responsible for all
activities that occur in connection with Subscriber's user name, password and
registered domain name(s). Subscriber agrees to immediately notify Tnn.com.my of
any unauthorized uses of the Service or any other breaches of security.
Tnn.com.my will not be liable for any loss or damages of any kind, under any
legal theory, caused by Subscriber's failure to comply with the foregoing
security obligations or caused by any person to whom Subscriber grants access to
Subscriber's Services.
2.
Access and Control Policy.
When a new account or domain, as applicable, is registered with or transferred
to Tnn.com.my or with one of its affiliates, the process requires and results in
the creation of the following within the records of Tnn.com.my, in association
with said new account or domain: i) Name of person registering; ii) email
address; iii) user name; iv) password; and, v) associated payment information,
such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
1.
If a person contacts Tnn.com.my and claims
that she or he is entitled to access to an account, website, or domain
registered with Tnn.com.my or its affiliate but is without access (for any
reason such as but not limited to forgotten password or forgotten user name,
data loss or corruption on personal computer, improperly locked out, and so
forth), Tnn.com.my will give access to the person who acceptably evidences she
or he has substantially all of: i) name of the person who originally registered
or last paid for said account; ii) email address of the person who originally
registered or last paid for said account; iii) the user name of the person who
originally registered or last paid for said account, if possible; iv) the
associated payment information of the person who registered or last paid for
said account, such as Visa, Mastercard, etc., Credit Card Number & name thereon,
etc. (mandatory); and, v) a photo identification evidencing she or he is the
rightful possessor and user of said credit card or original payment medium or
the one which was last used to pay for said account (mandatory). Otherwise,
Tnn.com.my will not give access and control to a claimant unless Tnn.com.my is
served with a valid order of a court, agency, or appropriate internet
controlling entity such as Internet Corporation for Assigned Names and Numbers
("ICANN"), requiring Tnn.com.my to give such access and control to said claimant
or unless there is submitted to Tnn.com.my at abuse@Tnn.com.my a written
statement duly signed by the person who originally registered said account which
statement is duly notarized, and in which said originally registering person
confirms that said claimant is entitled to access and control of the account,
together with a written notarized statement duly signed by claimant which
confirms claimant is entitled to access and control of said account, website
and/or domain and has read and agreed to these Terms of Service. Subscriber
acknowledges and accepts that the foregoing access and control policies and
procedures are the only way that notice(s) can be given and changes can be
effected regarding said access and/or control; and, further, that any other
changes made directly by Subscriber or by others within the online records of
Tnn.com.my or of its affiliates shall not be deemed effective to give notice to
Tnn.com.my or its affiliates of any changes in said access or control.
2.
Subscriber acknowledges and accepts said
access and control policy and procedure, agrees not to bring any claim in the
form of a lawsuit or otherwise against Tnn.com.my arising out of its following
said policy and procedure, agrees immediately to dismiss any claim so brought,
and hereby releases Tnn.com.my from all liability and all claims for damages or
any other liability whatsoever that may arise out of Tnn.com.my.s following said
policy and procedure.
3.
License to Tnn.com.my.
Tnn.com.my claims no ownership interest in the content of Subscriber's web
site(s). By submitting content and data to Tnn.com.my, Subscriber grants to
Tnn.com.my, its successors and assigns, the worldwide, royalty-free, and
nonexclusive license under Subscriber's copyrights and other rights, if any, in
all material and content displayed in Subscriber's web site to use, distribute,
display, reproduce, and create derivative works from such material in any and
all media, in order to maintain such content on Tnn.com.my's servers during the
term of these Terms. Subscriber also authorizes the downloading and printing of
such material, or any portion thereof, by end-users for their personal use. This
license shall terminate upon Subscriber's cancellation of the Services as set
forth in Paragraphs 2.01 and 3.0.
4.
Transfer of Ownership.
Tnn.com.my is not responsible to determine ownership of websites hosted by,
accounts opened with, or domains registered with Tnn.com.my or its affiliates.
By accessing Tnn.com.my.s system, registering, or using any of the services
provided by Tnn.com.my, the Subscriber, or any other person so accessing,
registering or using, hereby represents and warrants that the information
provided in connection with said registration, including as well information
concerning ownership of websites, domains, and accounts, is true, accurate, and
complete in each material detail. Any disputes arising regarding the ownership
of any account, website, or domain hosted by, opened with, or registered with
Tnn.com.my or any of its affiliates are subject to the terms and conditions of
Section 5.5 of these Terms.
1.
Tnn.com.my will recognize a change of
ownership of account(s) with, of websites hosted by, and/or of domains
registered with Tnn.com.my or its affiliates only in the event that at least one
of the following occur: i) there is received by the Abuse Manager
(abuse@Tnn.com.my) a written statement (in a form acceptable to Tnn.com.my or
applicable affiliate) containing the notarized signature of the original owner
of the account, website, and/or domain, as applicable, confirming that ownership
of the website, domain, and/or account, as applicable, has been transferred to a
person (claimant) claiming to own said website, domain and/or account, as
applicable, along with a written statement containing the notarized signature of
the claimant confirming that she or he has acquired said ownership, has read and
agrees to be bound by these Terms of Service; or, ii) Tnn.com.my is served with
a valid order of a court, agency, or appropriate internet controlling entity
such as Internt Corporation for Assigned Names and Numbers (.ICANN.), requiring
Tnn.com.my (or affiliate) to transfer such ownership to said claimant.
2.
Subscriber acknowledges and accepts that
the foregoing policies and procedures regarding transfer of ownership are the
only way that notice(s) can be given and changes can be effected regarding said
transfer of ownership within Tnn.com.my; and, further, that any other changes
made directly by Subscriber or by others within the online records of Tnn.com.my
or of its affiliates shall not be deemed effective to give notice to Tnn.com.my
or its affiliates of any changes in said ownership.
3.
Subscriber acknowledges and accepts that
the foregoing policies and procedures regarding transfer of ownership are the
only way that notice(s) can be given and changes can be effected regarding said
transfer of ownership within Tnn.com.my; and, further, that any other changes
made directly by Subscriber or by others within the online records of Tnn.com.my
or of its affiliates shall not be deemed effective to give notice to Tnn.com.my
or its affiliates of any changes in said ownership.:
5.
Disputing Site or Account Ownership Disputes sometimes arise between or among multiple persons claiming ownership of
or rights in a site hosted by Tnn.com.my or in an associated Tnn.com.my account.
Tnn.com.my is not obligated to resolve any such disputes. If multiple persons
are claiming ownership of or rights in a site hosted by Tnn.com.my or in an
associated Tnn.com.my account, and, in Tnn.com.my's sole judgment, there is not
certainty as to the ownership of or rights in said site or account, then
Tnn.com.my will, to the extent of its knowledge and ability, notify said persons
of the dispute and demand that said persons promptly, conclusively, and finally
resolve the dispute in a manner which makes clear who the owner(s) and/or
interest holder(s) is/are and in a manner which relieves Tnn.com.my of all
liability or obligations concerning the dispute. If the disputing persons fail
so to resolve the dispute within what Tnn.com.my, in its sole judgment, deems to
be a reasonable time, then Tnn.com.my, at its option and without any obligation
to do so, may, in accordance with and subject to the laws of the State of Utah,
file an interpleader action in a court of competent jurisdiction within the
State of Utah for the purpose of allowing the contending persons to resolve said
dispute and to reach certainty regarding ownership of or rights in said site
and/or account. The person or persons conclusively and finally determined by the
interpleader action to be the rightful owner(s) or interest holder(s) of said
site and/or associated account shall be obligated to reimburse Tnn.com.my for
all of its expenses relative to said interpleader action including without limit
all its court costs and reasonable attorney fees. All amounts owed to Tnn.com.my
under this section 5.03 shall be deemed due and payable immediately upon thirty
(30) days after judgment or settlement is reached in said interpleader action.
Failure of the rightful owner of said site and/or associated account to cause
Tnn.com.my to be timely paid in full all of said amounts shall be deemed a
breach of these Terms, shall subject the account to immediate termination, and
shall entitle Tnn.com.my to a judgment against said rightful owner for all costs
and all of Tnn.com.my's expenses relative to said interpleader action including
without limit all of Tnn.com.my's court costs and reasonable attorney fees. No
rights enumerated in this section 5.03 shall in any way diminish any other
rights of Tnn.com.my enumerated in any other section of these Terms, or
otherwise available to Tnn.com.my at law or in equity.
6.
PRIVACY POLICY
1.
Commitment. The Tnn.com.my commitment to our
Subscribers' privacy is set forth in this section. Except as required by law or
as otherwise provided herein, Tnn.com.my will take commercially reasonable steps
to ensure your right to privacy. Tnn.com.my is committed to developing long
lasting relationships that are built on trust and will never intentionally
violate that trust.
2.
Encryption. When Subscriber orders from Tnn.com.my,
Personal Data Transmissions are encrypted. When Subscriber orders from
Tnn.com.my, all of Subscriber's personal information is protected. Tnn.com.my
uses Secure Sockets Layer (SSL), the industry standard, for encrypting all
personal information, including name, address and credit card numbers.
3.
Confidentiality. With the exception of trusted business
affiliates and/or associates who work on behalf of or in connection with
Tnn.com.my, subject to specific confidentiality agreements, Tnn.com.my will not
provide or sell to any third party your personal information and will keep all
Subscriber information confidential, subject to the following:
1.
Upon registration, certain Subscriber
information is transferred to WHOIS (domain registration information), to our
affiliated third-party registrar, FastDomain, to Postini (email addresses), and
to Comodo (SSL cert. creation).
2.
Tnn.com.my will respond to subpoenas,
court orders, or other legal process, and will utilize Subscriber information as
necessary to establish or exercise Tnn.com.my's legal rights or defend against
legal claims.
3.
Tnn.com.my will share information to
investigate, prevent, or take action regarding illegal activities, suspected
fraud, situations involving potential threats to the physical safety of any
person, violations or suspected violations of these Terms, or as otherwise
required by law.
4.
Tnn.com.my may transfer information about
Subscribers if Tnn.com.my is acquired by or merged with another company, in
which event Tnn.com.my will notify Subscriber.
7.
"UNLIMITED" USAGE POLICIES AND DEFINITIONS
1.
What "Unlimited" means. Tnn.com.my does not set an arbitrary limit or cap on the amount of resources a
single Subscriber can use. In good faith and subject to these Terms, Tnn.com.my
makes every commercially reasonable effort to provide its Subscribers with all
the storage and bandwidth resources needed to power their web sites
successfully, as long as the Subscriber's use of the service complies with these
Terms. By not setting limits on key resources, we are able to provide simple,
consistent pricing to our Subscribers as they grow their websites. As a result,
a typical website may experience periods of great popularity and resulting
increased storage without experiencing any associated increase in hosting
charges.
2.
What "Unlimited" DOES NOT mean. Tnn.com.my employs complex mechanisms to protect its Subscribers and systems from
abuse. Tnn.com.my's offering of "unlimited" services is not intended to allow
the actions of a single or few Subscribers to unfairly or adversely impact the
experience of other Subscribers.
Tnn.com.my's service is a shared hosting service, which means that multiple
Subscriber web sites are hosted from the same server and share server resources.
Tnn.com.my's service is designed to meet the typical needs of small business and
home business website Subscribers in the
Tnn.com.my will make every commercially reasonable effort to provide additional
resources to Subscribers who are using their website(s) consistent with these
Terms, including moving Subscribers to newer and bigger shared servers as
necessary. However, in order to ensure a consistent and quality experience for
all Subscribers, Tnn.com.my does place automated safeguards to protect against
any one site growing too quickly and adversely impacting the system until
Tnn.com.my can evaluate said sites resource needs.
3.
Unlimited Hosting Space.
Tnn.com.my does not set arbitrary limits on the amount of disk space a
Subscriber can use for the Subscriber's website, nor does Tnn.com.my charge
additional fees based on an increased amount of storage used, provided the
Subscriber's use of storage complies with these Terms. Please note, however,
that the Tnn.com.my service is designed to host websites . Tnn.com.my does NOT
provide unlimited space for online storage, backups, or archiving of electronic
files, documents, log files, etc., and any such prohibited use of the Services
will result in the termination of Subscriber's account, with or without notice.
4.
Unlimited File Transfer.
Tnn.com.my does not set arbitrary limits on the amount of visitor traffic a web
site can receive or on the amount of content a Subscriber can upload to
his/her/its website in a given month, nor does Tnn.com.my charge additional fees
based on increased use of bandwidth, as long as the Subscriber's use of the
Services complies with these Terms. In most cases, a Subscriber's web site will
be able to support as much traffic as the Subscriber can legitimately acquire.
However, Tnn.com.my reserves the right to limit processor time, bandwidth, or
processes in cases where it is necessary to prevent negatively impacting other
Subscribers.
5.
Unlimited Domain Hosting.
Tnn.com.my does not set arbitrary limits on the number of domain names a
Subscriber can associate with the Subscriber's web hosting account.
8.
COOKIE POLICY STATEMENT
1.
General Purposes. Tnn.com.my understands that many of its
Subscribers are concerned about "cookies", which are electronic collections of
information stored on the local computer of a person using the worldwide web and
which are used chiefly by websites to keep track of visitors and registered
users and to relate one computer transaction to a later one. Tnn.com.my provides
this Cookie Policy Statement to let you, the Subscriber, know how Tnn.com.my
uses this technology. Tnn.com.my uses cookies to help Tnn.com.my improve its
website and web hosting services, and, most importantly, to provide Tnn.com.my's
existing Subscribers with the opportunity for continued savings and increased
convenience.
2.
Cookies for Improving Our Web Site. Tnn.com.my uses cookies to inform Tnn.com.my of a repeat visit. The cookie does
not tell Tnn.com.my who a visitor is, the visitor's name, email address, or
Passwords.
3.
Cookies for Banner Rewards Program. To offer Tnn.com.my Subscribers continued savings, Tnn.com.my uses cookies to help
monitor the traffic generated from Tnn.com.my banners and logo buttons displayed
on Tnn.com.my Subscribers' websites. For every new Tnn.com.my Subscriber that is
introduced to Tnn.com.my through a Subscriber's website, the Subscriber receives
a credited discount.
4.
Cookies for Subscriber Account Management. For Tnn.com.my Subscribers, Tnn.com.my uses cookies to store user names for added
convenience to the Webmaster. As part of our Tnn.com.my web hosting package,
Tnn.com.my offers password-protected, web-based management tools. By storing a
Subscriber's username in a cookie, the Webmaster will not have to fill out form
fields each time he or she manages the account. (The cookie does not store
Passwords.) Tnn.com.my is dedicated to using the newest technologies in order to
simplify our Subscribers' experience.
9.
PROHIBITED USES
1.
Breach of Terms and Account Termination. The uses of Tnn.com.my Services set forth in this section 9 hereinbelow are
prohibited. The engaging in any prohibited use as set forth herein by Subscriber
or by any affiliate or subscriber of Subscriber ( as determined in the sole
discretion of Tnn.com.my) constitutes a material breach of these Terms and will
subject Subscriber's account to immediate termination without notice.
2.
Spamming. Spamming, whether or not it overloads the
Services or disrupts service to Tnn.com.my's Subscribers, is prohibited. The
term "Spamming" includes, but is not limited to, the sending of unsolicited bulk
and/or commercial messages over the Internet, maintaining an open SMTP policy,
or sending to any mailing list that is not double opt in. Tnn.com.my requires
that all email messages contain an automated opt out . We do not allow purchased
lists. Tnn.com.my's Subscribers are required to follow all rules in the Can Spam
Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm)
as well as our company spam rules. Tnn.com.my reserves the right to determine,
in its sole and absolute discretion, whether e-mail recipients were part of an
opt-in email list. Irrespective of whether an email campaign constitutes
Spamming as defined herein, Tnn.com.my allows a MAXIMUM of 500 emails per hour
to be sent from any individual hosting account.
3.
Prohibited Offerings. No Subscriber may utilize the Services to
provide, sell or offer to sell the following: controlled substances; illegal
drugs and drug contraband; weapons; pirated materials; instructions on making,
assembling or obtaining illegal goods or weapons to attack others; information
used to violate the copyright(s) of, violate the trademark(s) of or to destroy
others' intellectual property or information; information used to illegally harm
any people or animals; pornography, nudity, sexual products, programs or
services; escort services or other content deemed adult related.
4.
Profanity. Profanity or profane subject matter in
the site content and in the domain name are prohibited.
5.
Private Information and Images. Subscribers may not post or disclose any personal or private information about or
images of children or any third party without the consent of said party (or a
parent's consent in the case of a minor).
6.
Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of
privacy, rights of publicity or other personal rights is prohibited. Tnn.com.my
is required by law to remove or block access to content appearing on or through
the Services upon receipt of proper notice of copyright infringement (see
"Copyright Infringement Notice Information" below).
7.
Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message
headers, return mailing information and/or Internet protocol addresses to
conceal or misidentify the origin of a message is prohibited.
8.
Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mail bombing, or engaging in denial of
service attacks is prohibited. It is also prohibited for any Subscriber to
engage in other activity that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the ability of others to
effectively use the Services (or any connected network, system, service or
equipment) or conduct their business over the Internet.
9.
Hacking. "Hacking" and related activities are
prohibited. "Hacking" includes, but is not limited to, the following activities:
illegally or without authorization, accessing computers, accounts or networks,
penetrating or attempting to penetrate security measures, port scans, stealth
scans, and other activities designed to assist in hacking.
10.
Anonymous Proxies. Tnn.com.my does not allow the use of anonymous proxy scripts
on its servers. They can be very abusive to the server resources, affecting all
users on that server.
11.
Export Control Violations. The exportation of encryption software outside of the
12.
Child Pornography. The use of the Services to store, post, display, transmit,
advertise or otherwise make available child pornography is prohibited.
Tnn.com.my is required by law to, and will, notify law enforcement agencies when
it becomes aware of the presence of child pornography on, or being transmitted
through, the Services.
13.
Other Illegal Activities. The use of the Services to engage in any activity that is
determined by Tnn.com.my, in its sole and absolute discretion, to be illegal is
prohibited. Such illegal activities include, but are not limited to, storing,
posting, displaying, transmitting or otherwise making available ponzi or pyramid
schemes, fraudulently charging credit cards or displaying credit card
information of third parties without their consent, and failure to comply with
applicable on-line privacy laws. Tnn.com.my will cooperate fully with
appropriate law enforcement agencies in connection with any and all illegal
activities occurring on or through the Services.
14.
Obscene, Defamatory, Abusive or
Threatening Language. Use of the Services to store, post,
transmit, display or otherwise make available obscene, defamatory, harassing,
abusive or threatening language is prohibited.
15.
Backup Storage. Tnn.com.my offers its Services to host web sites, not to store
data. Using an account as an online storage space for archiving electronic files
is prohibited and will result in termination of hosting services without prior
notice.
16.
Other Activities. Engaging in any activity that, in Tnn.com.my's sole and
absolute discretion, disrupts, interferes with or is harmful to (or threatens to
disrupt, interfere with, or be harmful to) the Services, Tnn.com.my's business,
operations, reputation, goodwill, Subscribers and/or Subscriber relations, or
the ability of Tnn.com.my's Subscribers to effectively use the Services is
prohibited. Such prohibited activities include making available any program,
product or service that is designed to or could be used to violate these Terms.
In addition, the failure of Subscriber to cooperate with Tnn.com.my in
correcting or preventing violations of these Terms by, or that result from the
activity of, a subscriber, patron, customer, invitee, visitor, or guest of the
Subscriber constitutes a violation of these Terms by Subscriber.
10.
COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, Tnn.com.my has adopted
a policy that provides for termination of websites hosted by Tnn.com.my that are
found to infringe on copyrights of third parties. If a copyright holder believes
that there has been a violation of his or her copyright on a website that is
hosted by Tnn.com.my or a Tnn.com.my subsidiary, and the copyright holder wants
Tnn.com.my to remove the website or disable the material in question, Tnn.com.my
will remove the website or disable the material if the copyright holder provides
us with all of the following information.
1.
A signature of a person authorized to act
on behalf of the owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work that is claimed is being infringed, or,
in the case of claimed infringement of multiple copyrighted works, a
representative list of such works.
2.
Identification of the material that is
claimed to be infringing or is the subject of infringing activity and that
should be removed or access to which should be disabled, with information
reasonably sufficient to permit us to locate the material.
3.
Information reasonably sufficient to
permit us to contact the person giving the notification, such as an address and
telephone, and, if available, an electronic mail address at which such person
may be contacted.
4.
A statement that the person giving the
notification has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
5.
A statement that the information in the
notification is accurate, and under penalty of perjury, that the person giving
the notification is authorized to act on behalf of the owner of the exclusive
right that is allegedly infringed.
11.
GENERAL
1.
Promotional Pricing. Tnn.com.my may periodically offer "free"
or discounted services or credits in connection with a promotional offer,
including, without limitation, free domain name registration. Such promotional
offers are honored only in connection with the specific promotional package to
which they apply. In the event a Subscriber downgrades or otherwise changes
his/her/its subscription to a subscription to which a promotional offer does not
apply, Subscriber will forfeit any unused free credits offered under the
promotional packaged and Tnn.com.my will charge Subscriber the prevailing fees
for any free credits redeemed by Subscriber under the promotional package.
2.
Backups. For its own operational efficiencies and
purposes, Tnn.com.my from time to time backs up data on its servers, but is
under no obligation or duty to Subscriber to do so under these Terms. IT IS
SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND
DATA ON TNN.COM.MY SERVERS, AND under no circumstance will Tnn.com.my be liable
to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber
FILES AND/or data on any Tnn.com.my server.
3.
Monitoring and Disclosures.
All activities occurring on, in, and/or via the Services or any website hosted
by Tnn.com.my may be monitored, recorded, and examined by any authorized person,
including as well law enforcement. In general, Tnn.com.my does not monitor its
Subscribers' websites or activities to determine whether they are in compliance
with these Terms. However, when and if Tnn.com.my becomes aware of any violation
of these Terms, Tnn.com.my may take any lawful action, and in the event of
illegal activity, will take action, to stop or correct such violation,
including, but not limited to, shutting down a website, denying access to the
Services or to the Internet via Tnn.com.my, and/or removing non-complying
information. In addition, Tnn.com.my may take any lawful action against a
Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such
Subscriber because of the activities of such subscriber, patron, customer,
invitee, visitor, or guest. Tnn.com.my reserves the right to take any such
action even though such action may affect other subscribers, patrons, customers,
invitees, visitors, or guests of the Subscriber. Tnn.com.my may disclose any
information in its possession, including, without limitation, information about
Subscribers, internet transmissions and website activity in order to comply with
a court order, subpoena, summons, discovery request, warrant, statute,
regulation, governmental request, or other legal process to protect Tnn.com.my
or others from harm, and/or to ensure the proper operation of the Services.
Tnn.com.my has no obligation to notify any person, including the Subscriber
about whom information is sought, that Tnn.com.my has provided the information.
4.
Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's
contact information stored and saved on Tnn.com.my in order to avoid termination
of Subscriber's Tnn.com.my account(s).
5.
Duty to Notify Tnn.com.my of Breach. If Subscriber discovers anyone on the Tnn.com.my system violating any of these
Terms or notices anything suspicious from the Tnn.com.my network, Subscriber
agrees to report the violation or suspicious activity to abuse@tnn.com.my for
investigation. Tnn.com.my reserves the right to and will immediately terminate
any account which Tnn.com.my concludes to be in violation of any of these Terms.
6.
Reservation of Rights.
Tnn.com.my reserves the right to refuse or to cancel service to any prospective
Subscriber or existing Subscriber for any lawful reason at any time during
Subscriber's hosting term with Tnn.com.my.
7.
Severability. These Terms are binding upon Tnn.com.my,
all existing and prospective Subscribers, and upon the assigns, heirs, and
successors of each. If any provision of these Terms is held by any court of
competent jurisdiction to be invalid or otherwise unenforceable, the rest of
these Terms shall, nevertheless, continue to be valid and in full force and
effect, to the extent said remaining Terms are then otherwise consistent with
the original intent of the Terms of Service.
8.
Governing Law. These Terms shall be governed by the laws
of the State of
12.
WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION
1.
Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE
SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY
WARRANTY OF ANY KIND. TNN.COM.MY HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH
RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND
SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED
FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES
AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR
INFORMATION GIVEN BY TNN.COM.MY OR TNN.COM.MY'S REPRESENTATIVES INCLUDING,
WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY.
TNN.COM.MY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS
AND CONTENT. TNN.COM.MY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE
SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. TNN.COM.MY DOES NOT WARRANT
THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN
IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE
IS COMPATIBLE WITH ANY SERVICE OR TNN.COM.MY IN PARTICULAR.
2.
Limitations on Tnn.com.my's Liability. TNN.COM.MY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED
BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL
TNN.COM.MY BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY
OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST
PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR
OPPORTUNITY) WHETHER OR NOT TNN.COM.MY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGES. TNN.COM.MY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TNN.COM.MY'S ENTIRE LIABILITY AND
SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE
CANCELLATION OF SUBSCRIBER'S
3.
Indemnification of Tnn.com.my. You, the Subscriber, agree to defend, indemnify and hold Tnn.com.my, its
affiliates and its sponsors, partners, other co-branders and the respective
directors, officers and employees of each harmless from and against any and all
claims, losses, damages, liabilities and costs (including, without limitation,
reasonable attorneys' fees and court costs) arising out of or relating to your
breach of any of these Terms or use by you or any third party of the Services,
except to the extent the foregoing directly result from Tnn.com.my's own gross
negligence or willful misconduct. Tnn.com.my reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, the Subscriber.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU
ARE REPRESENTING WITH RESPECT TO TNN.COM.MY SERVICES, DO NOT AGREE TO ANY OF THE
FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S),
DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND,
IF YOU ARE ALREADY A MEMBER, CANCEL YOUR TNN.COM.MY ACCOUNT. BEGINNING NOW, ANY
CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE
REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE
TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
(END of Terms of Service)