The use of this website indicates your acceptance of the terms and conditions stated below. If you have any enquiries, please contact us via phone, fax or email.
Visitors, viewers, users, subscribers, referrers, or customers, collectively referred to herein as “Visitors”, are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, referrers, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Again, the Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
The Site and the Content is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
You agree that, whether for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage).
AVAILABILITY OF THE SITE
You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.
LIMITATION OF THIS WEBSITE’S OBLIGATIONS AND LIABILITY
This Website will utilize its best efforts to maintain acceptable performance of services contracted for, but this Website makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose.
This Website cannot and does not guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.
This Website will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. This Website shall not be liable to Visitors for any claims or damages which may be suffered by Visitors, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data and/or emails, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of this Website.
THIRD PARTY INFORMATION
You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.
LINKS TO OTHER SITES
We may provide links to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.
USE OF THE SITE/INDEMNIFCATION
i) not to use the Content for any unlawful purpose;
ii) that you shall not make any use of the Site such that the whole or part of the Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired;
iii) not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by this Website. Material contained on this Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of this Website content for any reason is unlawful unless you have paid the purchase price or are an affiliate of this Website.
DISCLAIMER FOR CONTENTS OF SITE
The Website disclaims any responsibility for the accuracy of the content of this Website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as accurate. The Website makes no such warranty.
Viewer, visitor, member, referrer, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of Malaysia.
TheMalaysian DotCom Sdn Bhd
Doing business as: http//www.TheMalaysian.com
Email Address: contact@TheMalaysia.com
COPYRIGHT AND LICENSE
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.
You agree that any email you send which breaches any Anti-Spam Laws or any Anti-Spam etiqutte or policies of the Internet Community including the CAN-SPAM Act of 2003, shall be subject to a $1,500.00 fee for reading and responding appropriately. THIS MEANS SPAM COSTS! Concealing, misrepresenting, or not fully disclosing, the sender’s identity increases the fee by $3,000.00 to compensate for the effort to track down the sender.
If there are monies due, and legal or collection actions are required to recover them, you agree to pay all costs including attorney fees, costs, expenses in researching and prosecuting any required action.
PAYMENTS AND FEES
Establishment of this service is dependent upon receipt by The Malaysian DotCom Sdn Bhd of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, check, or money order. Paypal payments must be submitted via the PayPal link provided on Invoices. Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by The Malaysian DotCom Sdn Bhd in a timely manner.
The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will be assessed an RM 100 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 2 P.M. CST the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect fees. Credit cards that are declined for any reason are subject to a RM 5 declination fee.
Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a RM 200 reconnect charge. Accounts not paid by due date are subject to a RM 50 late fee. If you desire to cancel your account, please follow the proper procedure as outlined in this page.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.
Client must submit service cancellations by opening a ticket through our client support portal at least 14 days before the end of the service’s billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.
The Malaysian DotCom Sdn Bhd takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of The Malaysian DotCom Sdn Bhd may not use or permit others to use our network to transact in UCE. Clients of The Malaysian DotCom Sdn Bhd may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of The Malaysian DotCom Sdn Bhd’s email policy, as outlined in the Acceptable Use Policy (“AUP”) will result in severe penalties. Upon notification of an alleged violation of our AUP, The Malaysian DotCom Sdn Bhd will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Malaysian DotCom Sdn Bhd may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, The Malaysian DotCom Sdn Bhd may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, The Malaysian DotCom Sdn Bhd reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Malaysian DotCom Sdn Bhd will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an “Administrative Fee” of RM 1000 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $2500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed RM 600 per hour that The Malaysian DotCom Sdn Bhd personnel must spend to investigate the matter.
c. As our Clients are ultimately responsible for the actions of their clients over the The Malaysian DotCom Sdn Bhd network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
COURTESY DATA TRANSFER SERVICE
The Malaysian DotCom Sdn Bhd performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves The Malaysian DotCom Sdn Bhd copying files of yours from a third party service to your The Malaysian DotCom Sdn Bhd service, hereafter known as a “transfer” as a courtesy service only. By requesting The Malaysian DotCom Sdn Bhd to perform a transfer you agree indemnify and hold harmless The Malaysian DotCom Sdn Bhd from any and all liability arising from the transfer and/or copying of your accounts. You also agree The Malaysian DotCom Sdn Bhd is not responsible for any issues relating to the transfer of your accounts, both on your The Malaysian DotCom Sdn Bhd service and at any other third party service from which The Malaysian DotCom Sdn Bhd may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent The Malaysian DotCom Sdn Bhd from performing the service, or any other issues. The Malaysian DotCom Sdn Bhd makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers. The Malaysian DotCom Sdn Bhd can only perform transfers from any service which uses the same control panel that is used on your The Malaysian DotCom Sdn Bhd service (ie. cPanel). The Malaysian DotCom Sdn Bhd will still provide “best effort” assitance which includes general advice on file transfer and configurations, DNS settings, MySQL database imports, and other general assistance for Clients whose 3rd party service does not use the same server control panel.
VPS NIGHTLY BACKUPS
The Malaysian DotCom Sdn Bhd performs nightly backups of VPS accounts as a courtesy service only. The Malaysian DotCom Sdn Bhd is not responsible for the completeness, integrity, or freshness of your VPS backup. The Malaysian DotCom Sdn Bhd recommends you have your own backup system in place. VPS backups are intended for disaster recovery purposes only. The Malaysian DotCom Sdn Bhd reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.
Clam Anti-Virus (ClamAV) which is used for scanning incoming email for viruses) is not enabled by default on servers with less than 512MB memory. This is because ClamAV uses 80-120MB+ of memory which is a significant portion of memory on smaller VPS plans. If you need this functionality enabled, please open a support ticket and we will be happy to enable it for you.
SuHosin for PHP and The Malaysian DotCom Sdn Bhd’s custom mod_security ruleset are not installed by default for compatability reasons. If you would like them installed, please open a support ticket and we will be happy to install either for you.
Client agrees that The Malaysian DotCom Sdn Bhd’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by The Malaysian DotCom Sdn Bhd of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice The Malaysian DotCom Sdn Bhd from exercising thereafter the same or other rights, remedies, or options.
You agree that The Malaysian DotCom Sdn Bhd is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
We reserve the right to refuse service to anyone at any time for any reason.
The Company is not responsible for data integrity on equipment reclaimed for non-payment.
Anything not explicitly stated in this VIRTUAL PRIVATE SERVER TOS is subject to interpretation at The Malaysian DotCom Sdn Bhd’s sole and absolute discretion.
You, as The Malaysian DotCom Sdn Bhd’s client, are solely responsible for the content stored on and served by your The Malaysian DotCom Sdn Bhd service.
PERSONS OR PARTIES COVERED
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA) as amended from time to time. If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers, referrers and customers. This information is obtained in various ways, such as:
VISITOR, SUBSCRIBER, RESELLER OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’
Registration means that the Visitor, Subscriber, Affiliate or Customer takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining a referrer program or other membership organization, paid or unpaid; or it may be from ordering a product.
Occasionally complete credit card information may be provided to the website via fax or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website do so under two conditions one, they give their permission for contact by the website; two, they are subject to the general ‘SUBMISSION’ agreement of this policy. While your email address may or may not be used to solicit you, it is added to the website’s general solicitation database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.
Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them. This site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that “cookies” will usually be placed on their hard drive, (3) that the website does not have any control over what happens with this information, (4) that the website takes no responsibility over the accuracy or content of advertisers, (5) that the website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that the website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the URL or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must assume that referred emails or web pages may appear to come from your email. You must accept full responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR,SUBSCRIBER, RESELLERS OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, marketing organization or used by the site itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’
Many websites, including this one, collect information about your computer, your email address, and your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.
“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.
Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, and marketing organizations.
ANALYTICS & ADVERTISING
We use analytics tools and other third party technologies, such as Google Analytics and Google AdWords Remarketing, to collect non-personal information in the form of various usage and user metrics when you use our online Sites and/or Services. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information.
In addition to using cookies and related technologies as described above, we also may permit certain third party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on our Sites and/or Services (e.g., to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior. These companies may use information about user behavior in order to provide customized advertisements across various services and products. In the course of providing these services, products or placing advertisements, these third party companies may place or recognize a unique cookie on your computer, and may record information to these cookies based upon your activities on any of our Sites and/or Services and on third party websites. Each of these companies uses this cookie information according to their own privacy and security policies.
If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out as indicated below.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how information that is collected is customarily used by this site.
While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website. This type of shared information may include your name, address, phone number, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, referrers or customers who use any site provided bulletin boards or other public forums, such as chat rooms, do so at their own risk. You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.
By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitation or information from the website and your name will be removed from the general solicitation database.
This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to contact@TheMalaysian.com
JURISDICTION AND VENUE
Visitor agrees that the applicable law to be applied shall, in all cases, be that of Malaysia. The omission of this Website to exercise any right under these Terms and Conditions shall not constitute a waiver of such right unless formally waived in writing by this Website.
This Website at its sole discretion, may change the terms, conditions and operation of this Web site (the “Website”) at anytime.
The Applicant hereby agrees to defend, indemnify and hold harmless TheMalaysian.com and The Malaysian DotCom Sdn Bhd., its officers, directors, employees, referrers, merchants & all it’s suppliers;
This Website reserves the right to interrupt service periodically, and without notice, for maintenance. This Website will do its utmost to provide service 24 hours a day, 7 days a week.
Customers and Affiliates acknowledge and agree that this Policy may change from time to time and that, upon thirty (30) days posting on this Website, this Website may modify or amend this Policy and that such changes are binding upon the Customers and Referrers. If you do not agree with these terms, conditions, and policies please contact customer support to terminate your account.
Failure to comply with this Policy may result in termination of your account(s) with no refunds offered.
You hereby agree to defend, indemnify and hold harmless TheMalaysian.com and The Malaysian DotCom Sdn Bhd., its officers, directors, employees, referrers, merchants & all it’s suppliers;
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THEMALAYSIAN.COM WEB SITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON ANY THEMALAYSIAN.COM COMPUTER, OR COMPUTER SYSTEM ACCESSED THROUGH THEMALAYSIAN.COM. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, THEMALAYSIAN.COM SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND, OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, OR ANY LOSS OF OR USE OF CUSTOMERS DOMAIN NAME, OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE THEBIZNES.COM WEB SITE AND THAT THEBIZNES.COM MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS THEBIZNES.COM MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES, NOR WILL THEMALAYSIAN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST THEMALAYSIAN.COM WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Website reserves the right to interrupt service periodically, and without notice, for maintenance. This Website will do its utmost to provide service 24 hours a day, 7 days a week.
You acknowledge and agree that this Policy may change from time to time and that, upon thirty (30) days posting on the Website, this Website may modify or amend this Policy and that such changes are binding upon You. If you do not agree with these terms, conditions, and policies please contact customer support to terminate your account.
This Disclaimer was last updated on 1st October 2014.
This Website has a strict no-spam policy and will pursue whatever legal steps are necessary to enforce this policy. “Spam,” or “Spamming,” is also known as Unsolicited Commercial E-mail (UCE) or Unsolicited Bulk E-mail (UBE).
Unsolicited Commercial E-mail (UCE) is herein defined as the sending of any email message to anyone not personally known by you unless it is in specific response to a request for information from you. This definition is independent of how and by whom the Email is actually sent.
Unsolicited Bulk E-mail (UBE) is herein defined as the broadcasting of large quantities of unsolicited Email or postings to news groups through any large quantity delivery system. This definition is independent of how and by whom the Email is actually sent.
Our policy on spam is strict and WILL BE enforced for the benefit of all TheMalaysian.com’s referrers and customers. There are many ways to promote TheMalaysian.com web page without the use of spam. Spamming will only ultimately result in all of our web sites being taken down by our Internet Service Provider. Our No-Spam policy is for the protection of all of our representatives, and the company. Continuous online operation is essential. Anything less reduces revenues and profits for everyone.
After a complaint and an investigation, if you are found to have spammed, then we will terminate your referrer position. We will remove your web page and you will forfeit any earned commissions and no refund will be issued. TheMalaysian.com has the responsibility to determine what violates this policy. If you have any doubts concerning acceptable practices, then it is ESSENTIAL that you contact the corporation BEFORE you act. Obviously, the last thing we would ever want to do is to terminate one of our own referrers. However, the Internet is at the heart of our business. Consequently we absolutely must protect it for the sake of our Customers, our referrers and the Company.
Do NOT be confused over points of law. Good corporate citizenship is essential for any marketing company. Spam is upsetting more and more people internationally and they are complaining to their own Attorneys General.
Our No-Spam policy is about being a good corporate citizen in all countries. This eliminates the need for discussions about what is, or is not legal, because it is based on treating our prospective customers and referrers the same way we would want to be treated.
SPECIAL CAUTIONS – Please make sure you understand the following
1) Ignorance of the contents of this policy will not be an acceptable excuse.
2) There are NO acceptable disclaimers that can be added to an unsolicited message that will make the message acceptable. This includes but is not limited to remove instructions, remove links, legislative compliance statements, or general statements as to possible interest in a business opportunity.
3) We do NOT recommend the use of any purchased lists of email addresses. Use of any purchased list of email addresses (opt-in or otherwise) puts your membership at risk if there are any complaints due to problems with the list being out of date, poor quality, improperly gathered, etc.
4) Use of any marketing company that sends your advertisement to their list (opt-in or otherwise) puts your membership at risk if there are any complaints due to problems with the list being out of date, poor quality, improperly gathered, etc.
5) It is NOT acceptable to send someone a message about TheMalaysian.com just because you received an unsolicited message from them.
6) It is NOT acceptable to make uninvited approaches to “Instant Messenger” affiliates.
7) It is NOT acceptable to post any advertising messages to any news groups. Just because you see such messages posted does NOT give you permission to do the same. The only exceptions are those few groups which specifically allow advertising postings.
This No-Spam Policy was last updated on 1st July 2007.
This Policy was last modified on 25th May 2011.
TheMalaysian.com does not allow its service to be used for illegal activities. TheMalaysian.com reserves the right to take preventative or corrective actions to protect itself and its users. Thus, TheMalaysian.com has developed an Acceptable Use Policy (AUP), as part of the User Agreement to which each customer agrees at the time of initiation of service. This policy helps customers identify activities that are illegal or may be illegal under certain circumstances, and to identify certain types of activities for which TheMalaysian.com has decided not to be linked in any way even if the activities may be legal. TheMalaysian.com reserves the right to revise the AUP, in order to reflect changing affiliate, customer and business needs.
Despite TheMalaysian.com’s active enforcement of its Policies, ultimately it is the responsibility of the user to ensure that all transactions comply with the Acceptable Use Policy and the below guidelines.
Transactions Covered by the Acceptable Use Policy.
The Acceptable Use Policy covers all TheMalaysian.com transactions including purchases and sale of all goods and services, through the seller’s own website, or any other website.
Violations of the Acceptable Use Policy.
Violating TheMalaysian.com Acceptable Use Policy may result in temporary or permanent limitation of a member or reseller account. This includes the inability to receive commissions, to remove information from an account, and for referrers to close their accounts as a way of evading the policy. Additionally, referrers whose accounts are permanently limited for violating the Acceptable Use Policy are barred from future use of TheMalaysian.com and its services, and such referrers are not permitted to become referrers of TheMalaysian.com in future.
If you have a question about whether your proposed or existing business violates the Acceptable Use Policy, you can email TheMalaysian.com with the Subject: AUP Compliance Department at: firstname.lastname@example.org.
If you encounter violations of the Acceptable Use Policy, please report them to TheMalaysian.com immediately.
* Counterfeit Currency and Stamps
* Counterfeit Items
* Credit Cards
* Drug and Drug Paraphernalia
* Embargoed Goods, Prohibited Countries
* Firearms, Ammunition, Replicas, and Militaria
* Government IDs and Licenses
* Hazardous, Restricted, and Perishable Items
* Human Parts and Remains
* Industrial Solvents
* Lock-Picking Devices
* Lottery Tickets
* Mailing Lists and Personal Information
* Mature Audiences
* Offensive Material
* Police-Related Items
* Prescription Drugs and Devices
* Recalled Items
* Satellite and Cable TV Descramblers
* Slot Machines
* Stolen Property
* Unauthorized Copies
* Weapons and Knives
VPS accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of the Service or Network. The Malaysian DotCom Sdn Bhd reserves the right to limit such activities.
1.Parties of Interest and Binding Aspect of Agreement: The Terms and Conditions of Sale for merchandise, services and general use of the www.TheMalaysian.com e-commerce (web) site represent an agreement between the seller and buyer. The seller is The Malaysian DotCom Sdn Bhd, a Malaysian corporation. Buyers may be either individuals or fiduciary entities. Each user of the site may or may not make a purchase through the site but shall be considered a buyer by virtue of having been on, or used the site. BOTH SELLER AND BUYER SHALL BE BOUND BY THIS AGREEMENT WITH REGARDS TO THE SCOPE OF COMMERCE CONDUCTED AND COPYRIGHT LAWS COVERED BY THIS AGREEMENT. IF YOU, THE BUYER, DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THIS SITE, ITS SERVICES OR MERCHANDISE.
2. Changing Nature of Site: All e-commerce sites are subject to change due to the changing nature of the commerce they represent. The seller will make all reasonable efforts to ensure that the information and content contained in this site is accurate at time of inclusion. The seller will make on-going efforts to maintain current industry information on the site and to provide the site with appropriate maintenance and upgrades as it deems necessary to improve the performance and maintain the integrity of the site. This process may from time-to-time give rise to the discovery of inaccuracies, omissions or information that is not up to date. The seller may at any time add, delete, correct or otherwise change any part of the information or content, including revising prices of goods and services offered without notice to the buyer and without liability to the seller.
3. Links: The seller has provided various links from its site to other web sites, which may be of interest to the user. The seller exercises no control over such sites and accepts no responsibility for the security or content or any other aspects of such linked sites. The seller does not endorse any of the linked sites, their content, merchandise, services, views, opinions or any other consideration attached to the linked sites.
4. The Internet, An Unstable Medium: The Internet is a changing and potentially unstable medium, and errors, omissions, interruptions and delays may occur. Communications sent over the Internet may be subject to unauthorized or unlawful intervention or tampering, or infection by viruses or other adverse items. The seller accepts no responsibility for any such unauthorized or unlawful acts, or any damages or losses, which the buyer may suffer as a result of the use of the Internet to access this site or any linked sites or to communicate with the seller.
5. Trademarks and Copyrights: The Malaysian DotCom Sdn Bhd is the registered holder of www.TheMalaysian.com. All other brand names, product names and titles and copyrights used in this site are trade marks or trade names or copyrights of their respective holders. No permission is given by The Malaysian DotCom Sdn Bhd with respect to the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holders rights.
All design, text, graphics and the selection or arrangement thereof on this site and all software compilation, underlying source code, software (including applets) and all other material on this website are the copyright of The Malaysian DotCom Sdn Bhd. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with The Malaysian DotCom Sdn Bhd or using this site as a shopping resource. Any other use of materials or substance of this site, reproduction for purposes other than those noted above and modification, distribution, or republication without the prior written permission of The Malaysian DotCom Sdn Bhd is strictly prohibited.
6. Order Fulfillment: All orders are subject to both availability of product/service and acceptance or rejection of the order by the seller at the absolute discretion of the seller. The seller reserves the right to refuse to supply to any individual or fiduciary, for whatever reason, the products and services offered on this site.
A sale shall be considered as consummated when all of the following actions have been completed:
When an order has been composed and transmitted by the buyer via the electronic information exchange (EIE) of this website. NOTE: [An automatic confirmation notice will be sent immediately to the buyer confirming receipt of the EIE.]
When payment for the goods and/or services are confirmed to have been received via credit card processor in whole of the prices for the goods and/or services, plus the amount of delivery charges and any relevant sales taxes which the seller may be obligated to collect.
And, when the goods/services have been tendered/rendered to a carrier identified by the buyer as the authorized receiver of the goods.
8. Price: The prices payable for goods and/or services ordered through the site are based on US Dollars. Prices (cost of goods) do NOT include delivery costs and any applicable sales taxes for which the buyer may be liable to pay in addition to the price of the goods and/or services.
In the case of any difference between the prices set out on the site and the sellers acceptance EIE, the prices set out in the sellers acceptance EIE shall apply. The seller reserves the right, at any time through issuance of the acceptance EIE, to revise prices without notice to the buyer. The buyer has the right to withdraw an order in accordance with point 10 of these Terms.
9. Non-Fulfillment of Order: In the event that the seller has insufficient stock to deliver the goods ordered or for any other reason does not accept the order, any sum debited by the seller from the buyers credit card will be re-credited to the buyers credit card as soon as possible and in any event within 30 days of the order. Re-credit of the amount debited from the buyers credit card shall be the only payment due from the seller to the buyer.
The seller will send a written REJECTION NOTICE via e-mail or fax in the event that an order is rejected in whole or part.
The seller shall not be liable to pay any additional compensation for losses or damages of any kind incurred by the buyer as a result of the non-fulfillment of the buyers order including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind, whether or not the buyer may have notified the seller of the possibility of such losses.
10. Buyers Right to Refund: The buyer may cancel an order for goods or services at any time up to the end of the thirtieth (30th) day after the date of issuance of the order acceptance EIE. The buyer will be given a refund less USD 15 which is the cost of the registration and set-up of the buyer’s domain name. The domain name will then be transferred to the Buyer.
11. Liability: The seller shall have no liability to the buyer for any occurrence unless the buyer notifies the seller by e-mail or FAX of the problem within 30 days of the delivery of the goods/services in question.
The seller will not be liable to the buyer for any direct or indirect or consequential or special loss or damage including without limitation, any loss of profits arising out of any problem the buyer notifies to the seller under this condition and the seller shall have no liability to pay any money to the buyer by way of compensation other than, where applicable, to refund to the buyer the amount paid by the buyer for the goods in question less cost of domain registration and set up as previously provided for in this section of the agreement.
13. Claims Against Seller: Any claim against the seller under the terms of this agreement must be submitted within 30 days from the date consideration was paid to the seller or such action shall be considered as time barred. In the event that a dispute should arise between the buyer and seller which is not otherwise settled within 180 days of the claim submission date to seller, then the dispute shall be submitted to commercial arbitration and settled in accordance with the rules of the Malaysian Arbitration Council. The laws of Kuala Lumpur shall govern all disputes and claims arising from the services of the seller under this agreement. In the event that no consideration is ever paid to the seller, then no liability of any kind shall ever exist or be construed to have existed for which responsibility or culpability could be alleged or claimed.
14. Force Majeure: The seller shall have no liability to the buyer for any failure to deliver goods the buyer has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control including but not limited to the actions or inactions of the third party carrier or delivering agent of the buyer.
15. Invalidity: If any part of these conditions is subsequently found to be unenforceable, the enforceability of any other part of these conditions will not be affected.
16. Entire Agreement: These terms and conditions, together with the information set out in the following related documents, comprise together the whole of this agreement relating to the supply of the goods and/or services to the buyer from the seller:
current www.TheMalaysian.com website prices;
delivery instructions supplied by buyer via e-mail to seller;
terms and conditions of any applicable carrier way bill
The seller may amend this agreement at any time by posting the amended terms on the site. All amended terms shall automatically be effective 30 days after they are initially posted on the site. This agreement may not be otherwise amended except in a writing signed by a corporate officer of the buyer and seller.
In particular no verbal representation by an employee or corporate officer of the seller shall be construed as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods or services offered for sale by the seller.
This agreement is effective on 1st July 2007, for new buyer accessing and using the site after this date.
The last amendment to this agreement was effective for all users on 1st July 2007.