The following agreement is by and between NetXtreme OneSolution Sdn Bhd (NetXtreme) and you (the client).
WHEREAS, NetXtreme is a Web Presence Provider connected to the Internet. NetXtreme offers storage and transfer services over the Internet through access to its Web Servers;
WHEREAS, you as the client seeks to utilize NetXtreme's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, NetXtreme can make no guarantee that any given reader shall be able to access NetXtreme's server at any given time. NetXtreme 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;
Financial Arrangements:
Client agrees to a yearly contract, beginning upon NetXtreme's receipt by fax, mail or express mail of the contract or payment. NetXtreme will not accept contracts by electronic mail.
First 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 yearly renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.
Taxes:
NetXtreme shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or NetXtreme's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Responsibilities:
NetXtreme exercises no control whatsoever over the content of the information passing through the network. NetXtreme make no warranties or representations of any kind, whether expressed or implied for the service it is providing. NetXtreme 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 NetXtreme is at the Client's own risk and NetXtreme 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. NetXtreme 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. NetXtreme specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", NetXtreme may, at its option and at any time, reject this material, including but not limited to after it has been put on NetXtreme's Server. NetXtreme 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 NetXtreme. If the Client fails to modify the material, as directed by NetXtreme, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any and grants NetXtreme the right to use such trademarks in connection with NetXtreme's Server service.
Age:
The Customer certifies that he or she is at least 18 years of age.
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 NetXtreme may not be used to impersonate another person or misrepresent authorization to act on behalf of others or NetXtreme. All messages transmitted via NetXtreme 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.
Termination:
Either party, without cause, may terminate this Agreement by giving the other party 14 days written notice. Notwithstanding the above, NetXtreme 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.
Limited Liability:
Client expressly agrees that use of NetXtreme's Server is at Client's sole risk. Neither NetXtreme, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that NetXtreme'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 NetXtreme Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall NetXtreme, its offices, agents or any one else involved in creating, producing or distributing NetXtreme'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 NetXtreme 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 NetXtreme's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on NetXtreme'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.
Lawful Purpose:
Client may only use NetXtreme'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. NetXtreme expressly forbids anyone from using NetXtreme'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 NetXtreme management.
Indemnification:
Client agrees that it shall defend, indemnify, save and hold NetXtreme harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against NetXtreme, 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 NetXtreme against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with NetXtreme'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 NetXtreme Server.
Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of NetXtreme Services as specified in Section I. Financial Arrangements.
Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise publicly offensive material using NetXtreme'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.
