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STANDARD TERMS AND CONDITIONS OF
USE
Following are the terms and conditions
for use of the service (hereinbelow defined) provided
by ARL Home Communications Sdn Bhd (or the HomeComm Service),
which may be updated from time to time without notice
to the User. Please read them carefully. By completing
the Registration form and clicking the "OK"
button, the User becomes eligible for an account and agrees
to be bound by all of these terms and conditions of Service
("TOS"). The HomeComm Service is offered to
the User upon condition that the User accepts without
modification the TOS contained herein.

HomeComm currently provides the User with access to a
rich collection of on-line resources, including various
communications tools, forums, notices, personal web page
hosting service, amongst other things, either publicly
posted or privately transmitted, contained on, distributed
through, linked, downloaded or accessed from any of the
tools and applications contained on the HomeComm platform
(the "Service"). In order to use the Service,
the User must obtain access to the World Wide Web, either
directly or through devices that access web-based content,
and pay any service fees associated with such access.
In addition, the User must provide all equipment necessary
to make such connection to the World Wide Web, including
a computer and modem or other access devices.
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HomeComm provides the Service to the User, subject to
these TOS, which may be updated from time to time without
notice to the User. When using the Service, the User shall
be subject to any additional guidelines or rules applicable
to the Service which may be posted from time to time.
Unless explicitly stated otherwise, HomeComm may at its
sole discretion offer new features that augment or enhance
the current Service, such as Home Banking, Home Education
etc, and in such event additional terms of service may
be applicable in addition to the existing TOS.
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To open an Account for usage of the Service, the User
must complete the registration process by providing HomeComm
with the relevant information as prompted by the Registration
Form. The User will create a User Name and Password, and
is entirely responsible for maintaining the confidentiality
of the User Name and Password.
When the User obtains a HomeComm Account, the User will
automatically be provided the right to have access to
all features of the Service.
The User is entirely responsible for any and all activities
that occur under the User's Account.
The User agrees to notify HomeComm immediately of any
unauthorized use of the User's Account or any other breach
of security.
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In consideration of the User using the Service, the User
agrees to :
provide true, accurate, current and complete information
about the User as prompted by the Registration Form (such
information being the "Registration Data"),
and
maintain and promptly update the Registration Data to
keep it true, accurate, current and complete.
If the User provides any information that is untrue, inaccurate,
not current or incomplete, or HomeComm has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, HomeComm has the right to suspend
or terminate the User's Account and refuse any and all
current or future use of the Service (or any portion thereof).
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Pursuant to its Privacy Policy, HomeComm may disclose
to third parties certain aggregate information contained
in the User's Registration Data or related data, provided
that, such information will NOT include personally identifying
information, except as specifically authorized by the
User or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, to enforce
the TOS, or under any of the other circumstances set forth
in the Privacy Policy, as may be amended from time to
time.
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All information, data, text, software, music, sound,
photographs, graphics, video, notices, messages and other
materials ("Content"), whether publicly posted
or privately transmitted, is the sole responsibility of
the person from whom such Content originated. This means
that the User is entirely responsible for all Content
that the User uploads, posts, emails or otherwise transmits
via the Service.
By using the Service, the User may be exposed to Content
that is offensive, indecent or objectionable. Under no
circumstances will HomeComm be liable in any way for any
Content, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise
transmitted via the Service.
By way of example, and not as a limitation, the User agrees
not to use the Service for the following non-exclusive
situations :
upload,
post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable under any law or under contractual or fiduciary
relationships (such as inside information, proprietary
and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
harm
minors in any way;
impersonate
any person or entity, including, but not limited to, a
HomeComm official, forum leader, guide or host, or falsely
state or otherwise misrepresent the HomeComm's affiliation
with a person or entity;
forge
headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through
the Service;
modify,
copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer,
or sell any information, software, products or Service
obtained from the HomeComm portal;
collect
or store personal data about other Users;
upload,
post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except
in those areas that are designated for such purpose;
upload,
post, email or otherwise transmit any material that contains
software virus or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
disrupt
the normal flow of dialogue, cause a screen to "scroll"
faster than other Users of the Service are able to type,
or otherwise act in a manner that negatively affects other
User's ability to engage in real time exchanges;
interfere
with, disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
intentionally
or unintentionally violate any applicable local, state,
national or international law and any regulations having
the force of law;
defame,
abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity)
of others.
The User agrees to evaluate, and bear all risks associated
with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content.
In this regard, the User acknowledges that the User may
not rely on any Content created by HomeComm or submitted
to HomeComm, including but without limitation to information
in HomeComm Notice Boards, HomeComm Bulletin Boards, HomeComm
Directory Service and HomeComm Classified Ads, and in
all other parts of the Service.
The User acknowledges and agrees that HomeComm may preserve
Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to:
comply with legal process;
enforce
the TOS;
respond
to claims that any Content violates the rights of third-parties,
or
protect
the rights, property, or personal safety of HomeComm,
its Users and the public.
The User acknowledges and agrees that the technical processing
and transmission of the Service, including the User's
Content, may involve transmissions over various networks
and changes to conform and adapt to technical requirements
of connecting networks or devices.
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"Publicly accessible areas of the Service" are
those areas accessible by the general public. By way of
example, a publicly accessible area of the Service would
include the HomeComm Bulletin Board, HomeComm Notice Board
and HomeComm Classified Ads.
With respect to Content which HomeComm elects to post
for inclusion in publicly accessible areas of Service,
the User grants HomeComm the world-wide, royalty free
and non-exclusive license to reproduce, modify, adapt
and publish such Content on the Service solely for the
purpose of displaying, distributing and promoting HomeComm
Service to which such Content was submitted and/or to
incorporate it in other works in any form, media, or technology
now known or later developed. This license exists only
for as long as the User elects to continue to include
such Content on the Service and shall be terminated at
the time the User deletes such Content from the Service.
HomeComm does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity
or quality of such Content. The User acknowledges that
HomeComm does not pre-screen Content, but that HomeComm
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content
that is available via the Service as necessary to satisfy
any applicable law, regulation, legal process or governmental
request. Without limiting the foregoing, HomeComm and
its designees shall also have the right to remove any
Content that violates the TOS or is otherwise objectionable.
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The User specifically agrees that HomeComm shall not be
responsible for unauthorized access to or alteration of
the User's transmissions or data, any material or data
sent or received or not sent or received, or any transactions
entered into through the Service. The User specifically
agrees that HomeComm is not responsible or liable for
any threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or any infringement
of another's rights, including intellectual property rights.
The User specifically agrees that HomeComm is not responsible
for any content sent using and/or included in the Service
by any third party.
The User agrees to indemnify and hold HomeComm, and its
subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of the Content
the User submits, posts to or transmits through the Service,
the User's use of the Service, the User's connection to
the Service, the User's violation of the TOS, or the User's
violation of any rights of another.
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The User agrees not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
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The User acknowledges that HomeComm may establish general
practices and limits concerning use of the Service, including
but without limitation, the maximum number of days that
email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number
of email messages that may be sent from or received by
an account on the Service, the maximum size of any email
message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted
on HomeComm's servers on the User's behalf, and the maximum
number of times (and the maximum duration for which) the
User may access the Service in a given period of time.
The User agrees that HomeComm has no responsibility or
liability for the deletion or failure to store any messages
and other communications or other Content maintained or
transmitted by the Service. The User acknowledges that
HomeComm reserves the right to log off accounts that are
inactive for an extended period of time.
The User further acknowledges that HomeComm reserves the
right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
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HomeComm reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
The User agrees that HomeComm shall not be liable to the
User or to any third party for any modification, suspension
or discontinuance of the Service.
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The
HomeComm Public Access Areas includes but is not limited
to Bulletin Board Service, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable
HomeComm to communicate with the public at large or with
a group (collectively, "Communication Service"),
the User agrees to use the Communication Service only
to post, send and receive messages and material that are
proper and related to the particular Communication Service.
By way of example, and not as a limitation, the User agrees
that when using a Communication Service, the User will
not :
Defame,
abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity)
of others;
Publish,
post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information;
Upload
files that contain software or other material protected
by intellectual property laws (or by rights of privacy
of publicity) unless the User owns or controls the rights
thereto or have received all necessary consents;
Upload
files that contain virus, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer;
Advertise
or offer to sell or buy any goods or Service for any business
purpose, unless such Communication Service specifically
allows such messages;
Conduct
or forward surveys, contests, pyramid schemes or chain
letters;
Download
any file posted by another User of a Communication Service
that the User knows, or reasonably should know, cannot
be legally distributed in such manner;
Falsify
or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin
or source of software or other material contained in a
file that is uploaded;
Restrict
or inhibit any other User from using and enjoying the
Communication Service.;
Violate
any code of conduct or other guidelines which may be applicable
for any particular Communication Service;
Harvest
or otherwise collect information about others, including
e-mail addresses, without their consent, and
Violate
any applicable laws or regulations.
HomeComm has no obligation to monitor the Communication
Service.
HomeComm reserves the right at all times to disclose any
information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or
materials, in whole or in part, in HomeComm's sole discretion.
HomeComm does not control or endorse the content, messages
or information found in any Communication Service and,
therefore, HomeComm specifically disclaims any liability
with regard to the Communication Service and any actions
resulting from the User's participation in any Communication
Service. Managers and Hosts are not authorized HomeComm
spokespersons, and their views do not necessarily reflect
those of HomeComm.
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HomeComm, in its sole discretion, may terminate the User's
Account (or any part thereof) or use of the Service, and
remove and discard any Content posted by the User within
the Service, for any reason, including, without limitation
if HomeComm believes that the User has violated or acted
inconsistently with the letter or spirit of the TOS. HomeComm
may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without
notice.
HomeComm may also terminate or suspend the User's Account
for inactivity, which is defined as failing to sign-in
to the Service for an extended period of time, as determined
by HomeComm. The amount of time that HomeComm currently
considers as an "extended" period of time is
fifteen (15) days.
Upon termination of the User's Account, the User's right
to use the Service immediately ceases. HomeComm shall
have no obligation to maintain any content in the User's
Account or to forward any unread or unsent messages to
the User or any third party. Further, the User agrees
that HomeComm shall not be liable to the User or any third
party for any termination of the User's access to the
Service.
(d) Upon termination, all monies, if any, due to HomeComm
shall be payable immediately and all monies previously
retained by HomeComm shall not be refundable to the Users.
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The User's correspondence or business dealings with, or
participation in promotions of, advertisers/sellers found
on or through the Service, including payment and delivery
of related goods or Service, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between the User and such advertiser/seller.
The User agrees that HomeComm shall not be responsible
or liable for any loss or damage of any sort incurred
as a result of any such dealings or as a result of the
presence of such advertisers/sellers on the Service.
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The Service may contain links to other external sites
("Linked Sites"), which are not under the control
of HomeComm and HomeComm is not responsible for the contents
therein which may be offensive or inappropriate to certain
persons, including but without limitation any link contained
in a Linked Site, or any changes or updates to a Linked
Site. HomeComm makes no representations concerning any
endeavor to review the Content of Linked Sites, and so
HomeComm is not responsible for the accuracy, copyright
compliance, legality or decency of material contained
in sites so linked.
The User acknowledges and agrees that HomeComm is not
responsible for the availability of such external sites,
and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials
on or available from such Linked Sites.
The User further acknowledges and agrees that HomeComm
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such
Content, goods or Service available on or through any
such Linked Sites.
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The User acknowledges and agrees that the Service and
any necessary software used in connection with the Service
("Software") contains proprietary and confidential
information that is protected by applicable intellectual
property and other laws. The User further acknowledges
and agrees that the Content contained in sponsor advertisements
or information presented to the HomeComm through the Service
or advertisers is protected by applicable intellectual
property and other laws.
Except as expressly authorized by HomeComm or advertisers,
the User agrees not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service
or the Software, in whole or in part.
HomeComm grants the User a personal, non-transferable
and non-exclusive right and license to use the object
code of its Software on a single computer; provided that
the User does not (and does not allow any third party
to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
The User agrees not to modify the Software in any manner
or form, or to use modified versions of the Software,
including but without limitation, for the purposes of
obtaining unauthorized access to the Service. The User
agrees not to access the Service by any means other than
through the interface that is provided by HomeComm for
use in accessing the Service.
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The User expressly understands and agrees that :
The Service is provided "AS IS" without warranty
of any kind. HomeComm hereby disclaims all warranties
and conditions with regard to the Service, including all
implied warranties and conditions of merchantability,
fitness for a particular purpose, title and non-infringement.
In no event shall HomeComm be liable for any direct, indirect,
punitive, incidental, special, consequential or exemplary
damages whatsoever including, without limitation, damages
for loss of use, data, profits, or other intangible losses,
arising out of or in any way connected with :
the
use, delay or inability to use, or performance of, the
Service, with the delay or inability to use the Service;
the
provision of or failure to provide Service;
any
goods, data, information, software products and related
graphics obtained through the Service, or otherwise arising
out of the use of the Service, or
unauthorized
access to or alteration of the User's transactions or
data, whether based on contract, tort, negligence, strict
liability or otherwise, even if HomeComm had been advised
of the possibility of damages. If the User is dissatisfied
with any portion of the Service, or with any of the TOS,
the User's sole and exclusive remedy is to discontinue
using the Service.
HomeComm makes no warranty that
the
Service will meet the User's requirements;
the
Service will be uninterrupted, timely, secure or error-free;
the
results that may be obtained from the Service will be
accurate or reliable;
the
quality of any products, Service, information or other
material purchased or obtained by the User through the
Service will meet the User's expectations, and
any
errors in the software will be corrected.
Any material downloaded or otherwise obtained through
the Service is done at the User's own discretion and risk
and the User will be solely responsible for any damage
to the User's computer system or loss of data that results
from the download of any such material.
No advice or information, whether oral or written, obtained
by the User from the Service shall create any warranty
not expressly stated in the TOS.
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Advice received via the Service should not be relied upon
for personal, medical, legal or financial decisions and
the User should consult an appropriate professional for
specific advice tailored to the User's situation. HomeComm
shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted via the
Service, and shall not be responsible or liable for any
trading or investment decisions made based on such information.
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Links and web sites contained in the Service may provide
Seller/Merchant links to the Users and can be a medium
for e-commerce transactions. However, each individual
Seller/Merchant participating in such transactions is
responsible for setting and explaining their individual
shipping, return, security and other policies applicable
to shopping in their stores and purchasing their products.
HomeComm does not guarantee, warrant or endorse any product
or Service sold by a Seller/Merchant, nor does HomeComm
have any liability or responsibility for the quality or
performance of any product or Service sold to the User
by any Seller/Merchant. The purchase of any product or
Service from a Seller/Merchant is a transaction solely
between the User and that Seller/Merchant, and any question
or dispute the User may have regarding any such product
or Service should be addressed directly to the responsible
Seller/Merchant. HomeComm has no responsibility or liability
for any Seller/Merchant or the User's relationship with
such Seller/Merchant.
The User is responsible for paying the entire amount due
on the User's purchase, including any applicable taxes,
shipping and other charges assessed by the Seller/Merchant.
With respect to applicable taxes, the Seller/Merchant
will advise the User subsequently of the exact amount
of tax due on the User's purchase. HomeComm has no responsibility
whatsoever for any miscalculation or omission by a Seller/Merchant
of applicable taxes on any sale.
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Notices to the User may be made via email or regular mail.
The Service may also provide notices of changes to the
TOS or other matters by displaying notices or links to
notices on the Service.

HomeComm and the HomeComm logo and service names are trademarks
of ARL Home Communications Sdn Bhd, and the User agrees
not to display or use said trademarks in any manner without
prior permission.

COPYRIGHTS HomeComm respects the copyrighted intellectual
property of others, and HomeComm requests that the User
do the same. HomeComm may in appropriate circumstances
and in its sole discretion terminate the accounts of Users
who infringe or otherwise violate such rights of others.

Associated
Press includes but is not limited to text, photo, graphic,
audio and/or video material provided by newspapers, magazines,
books and journals ("AP material").
The User shall not publish, broadcast, rewrite for broadcast
or publication or redistribute directly or indirectly
in or by way of the Service any such AP material, without
the prior permission of the copyright holders thereof.
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This TOS constitutes the entire agreement between the
User and HomeComm and governs the User's use of the Service,
superseding any prior agreements between the User and
HomeComm. The User also may be subject to additional terms
and conditions that may apply when the User uses affiliate
Service, new Service, third-party content or third-party
software.
The TOS and the relationship between the User and HomeComm
shall be governed by the laws of Malaysia without regard
to its conflict of law provisions. The failure of HomeComm
to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision.
The User agrees that no joint venture, partnership, employment,
or agency relationship exists between the User and HomeComm
as a result of this agreement or use of the Service.
If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed to be superseded by a valid,
enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement
shall continue in effect. In addition, the section titles
in the TOS are for convenience only and have no legal
or contractual effect.
The User agrees that regardless of any statute or law
to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause
of action arose or be forever barred.
HomeComm's performance of this agreement is subject to
existing laws and legal process, and nothing contained
in this agreement is in derogation of HomeComm's right
to comply with governmental, court and law enforcement
requests or requirements relating to the User's use of
the Service or information provided to or gathered by
HomeComm with respect to such use.
A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
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