STANDARD TERMS AND CONDITIONS OF USE
Following are the terms and conditions for use of the service (hereinbelow defined) provided by ARL ICT Sdn Bhd (or the ARL ICT 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 ARL ICT Service is offered to the User upon condition that the User accepts without modification the TOS contained herein.
Description of Services
ARL ICT 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 ARL ICT 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.
Acceptances of Terms
ARL ICT 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, ARL ICT 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.
Account, Username, Password, Security
To open an Account for usage of the Service, the User must complete the registration process by providing ARL ICT 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 ARL ICT 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 ARL ICT immediately of any unauthorized use of the User's Account or any other breach of security.
User's Registration Obligations
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 ARL ICT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ARL ICT 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).
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 ARL ICT 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 ARL ICT official, forum leader, guide or host, or falsely state or otherwise misrepresent the ARL ICT'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 ARL ICT 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 ARL ICT or submitted to ARL ICT, including but without limitation to information in ARL ICT Notice Boards, ARL ICT Bulletin Boards, ARL ICT Directory Service and ARL ICT Classified Ads, and in all other parts of the Service.
The User acknowledges and agrees that ARL ICT 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 ARL ICT, 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.
Public Content Posted to ARL ICT
"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 ARL ICT Bulletin Board, ARL ICT Notice Board and ARL ICT Classified Ads.
With respect to Content which ARL ICT elects to post for inclusion in publicly accessible areas of Service, the User grants ARL ICT 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 ARL ICT 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.
ARL ICT 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 ARL ICT does not pre-screen Content, but that ARL ICT 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, ARL ICT and its designees shall also have the right to remove any Content that violates the TOS or is otherwise objectionable.
The User specifically agrees that ARL ICT 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 ARL ICT 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 ARL ICT 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 ARL ICT, 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.
No Resale of Services
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.
General Pratices Regarding ARL ICT and Storage
The User acknowledges that ARL ICT 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 ARL ICT'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 ARL ICT 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 ARL ICT reserves the right to log off accounts that are inactive for an extended period of time.
The User further acknowledges that ARL ICT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modification of Service
ARL ICT 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 ARL ICT shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
Public Acces Areas
The ARL ICT 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 ARL ICT 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.
ARL ICT has no obligation to monitor the Communication Service.
ARL ICT 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 ARL ICT's sole discretion.
ARL ICT does not control or endorse the content, messages or information found in any Communication Service and, therefore, ARL ICT 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 ARL ICT spokespersons, and their views do not necessarily reflect those of ARL ICT.
ARL ICT, 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 ARL ICT believes that the User has violated or acted inconsistently with the letter or spirit of the TOS. ARL ICT may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
ARL ICT 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 ARL ICT. The amount of time that ARL ICT 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. ARL ICT 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 ARL ICT 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 ARL ICT shall be payable immediately and all monies previously retained by ARL ICT shall not be refundable to the Users.
Dealings with Advertisers/Sellers
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 ARL ICT 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.
The Service may contain links to other external sites ("Linked Sites"), which are not under the control of ARL ICT and ARL ICT 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. ARL ICT makes no representations concerning any endeavor to review the Content of Linked Sites, and so ARL ICT is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites so linked.
The User acknowledges and agrees that ARL ICT 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 ARL ICT 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.
ARL ICT Proprietary Sites
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 ARL ICT through the Service or advertisers is protected by applicable intellectual property and other laws.
Except as expressly authorized by ARL ICT 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.
ARL ICT 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 ARL ICT for use in accessing the Service.
Disclaimer of Warranties
The User expressly understands and agrees that :
The Service is provided "AS IS" without warranty of any kind. ARL ICT 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 ARL ICT 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 ARL ICT 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.
ARL ICT 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.
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. ARL ICT 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.
E-Commerce Transaction (Buying/Selling)
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.
ARL ICT does not guarantee, warrant or endorse any product or Service sold by a Seller/Merchant, nor does ARL ICT 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. ARL ICT 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. ARL ICT has no responsibility whatsoever for any miscalculation or omission by a Seller/Merchant of applicable taxes on any sale.
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.
ARL ICT and the ARL ICT 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 ARL ICT respects the copyrighted intellectual property of others, and ARL ICT requests that the User do the same. ARL ICT may in appropriate circumstances and in its sole discretion terminate the accounts of Users who infringe or otherwise violate such rights of others.
Specific Restrictions on Use of Associated Press Material
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.
This TOS constitutes the entire agreement between the User and ARL ICT and governs the User's use of the Service, superseding any prior agreements between the User and ARL ICT. 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 ARL ICT shall be governed by the laws of Malaysia without regard to its conflict of law provisions. The failure of ARL ICT 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 ARL ICT 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.
ARL ICT's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ARL ICT'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 ARL ICT 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.