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Terms of Service |
1. ACCEPTANCE OF TERMS
Welcome to DKELATE! DKELATE provides itsservice to
you, subject to the following Terms of Service("TOS"), which may be
updated by us from time to timewithout notice to you. In addition, when
using particular DKELATEservices, you and DKELATE shall be subject to any posted
guidelinesor rules applicable to such services which may be posted
fromtime to time. All such guidelines or rules are herebyincorporated by
reference into the TOS.
2. DESCRIPTION OF SERVICE
DKELATE currently provides users withaccess to a
rich collection of on-line resources, includingemail, forums, personal web
page hosting services amongst otherthings (the "Services"). Unless
explicitly statedotherwise, any new features that augment or enhance the
currentServices, shall be subject to the Terms of Service. In order touse
the Service, you 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. Inaddition, you must provide all equipment
necessary to make suchconnection to the World Wide Web, including a
computer and modemor other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of theService, you
agree to:
- Provide true, accurate, current and complete
information about yourself as prompted by the Service's 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 you provide any informationthat is untrue,
inaccurate, not current or incomplete, or DKELATEhas reasonable grounds to
suspect that such information isuntrue, inaccurate, not current or
incomplete, DKELATE has the rightto suspend or terminate your account and
refuse any and allcurrent or future use of the Service (or any portion
thereof).
4. DKELATE PRIVACY POLICY
Registration Data and certainother information
about you is subject to our Privacy Policy. Formore information, please
see our full privacy policy.
5. MEMBER CONDUCT
You understand that allinformation, data, text,
software, music, sound, photographs,graphics, video, messages or other
materials("Content"), whether publicly posted or privatelytransmitted, are
the sole responsibility of the person from whichsuch Content originated.
This means that you, and not DKELATE, areentirely responsible for all Content
that you upload, post orotherwise transmit via the Service. DKELATE does not
control theContent posted via the Service and, as such, does not
guaranteethe accuracy, integrity or quality of such Content. Youunderstand
that by using the Service, you may be exposed toContent that is offensive,
indecent or objectionable.
You agree to not use the Serviceto:
- upload, post, email or otherwise transmit
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including,
but not limited to, a DKELATE official, forum leader, guide or host, or
falsely state or otherwise misrepresent your 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;
- upload, post, email or otherwise transmit
any Content that you do not have a right to transmit 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);
- upload, post, email or otherwise transmit
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit
any unsolicited or unauthorised advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
- upload, post, email or otherwise transmit
any material that contains software viruses 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 users'
ability to engage in real time exchanges;
- interfere with or 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, including, but
not limited to, regulations promulgated by the Kuala Lumpur Stock
Exchange, any rules of any national or other securities exchange without
limitation and any regulations having the force of law;
- "stalk" or otherwise harass another;
- collect or store personal data about other
users;
- promote or provide instructional information
about illegal activities, promote physical harm or injury against any
group or individual, or promote any act of cruelty to animals. This may
include, but is not limited to, providing instructions on how to
assemble bombs, grenades and other weapons, and creating "Crush" sites;
- use any service (or directory) as storage
for remote loading or as a door or signpost to another home page,
whether inside or beyond DKELATE;
- engage in commercial activities without
enrolling in DKELATE-approved affiliate programs. This includes, but is not
limited to, the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require
any type of entry fee;
- displaying a sponsorship banner of any kind,
including those that are generated by banner or link exchange services,
with the sole exceptions of a DKELATE Banner Exchange program and the
Internet Link Exchange; and
- displaying banners for services that provide
cash or cash-equivalent prizes to users in exchange for hyperlinks to
their web sites.
6. SPECIAL ADMONITIONS FORINTERNATIONAL USE
Recognising the global nature ofthe Internet,
you agree to comply with all local rules regardingonline conduct and
acceptable Content. Specifically, you agree tocomply with all applicable
laws regarding the transmission oftechnical data exported from the
Malaysia or the country in whichyou reside.
7. CONTENT SUBMITTED TO DKELATE FREEHOMEPAGES
DKELATE does not claim ownership ofthe Content you
place or upload to any DKELATE’s Service. Bysubmitting Content to DKELATE, you
grant DKELATE the world-wide,royalty-free, and non-exclusive license to
reproduce, modify,adapt and publish the Content solely for the purpose
ofdisplaying, distributing and promoting DKELATE on its Internetproperties.
This license exists only for as long as you continueto be a DKELATE Member
and shall be terminated at the time your DKELATEMembership is terminated.
You acknowledge that DKELATE does notpre-screen
Content, but that DKELATE and its designees shall havethe right (but not the
obligation) in their sole discretion torefuse or remove any Content that
is available via the Service.Without limiting the foregoing, DKELATE and its
designees shall havethe right to remove any Content that violates the
Terms ofService or is otherwise objectionable. You agree that you
mustevaluate, and bear all risks associated with, the use of anyContent,
including any reliance on the accuracy, completeness, orusefulness of such
Content.
8. INDEMNITY
You agree to indemnify and holdDKELATE, and its
subsidiaries, affiliates, officers, agents,co-branders or other partners,
and employees, harmless from anyclaim or demand, including reasonable
attorneys' fees, made byany third party due to or arising out of Content
you submit, postto or transmit through the Service, your use of the
Service, yourconnection to the Service, your violation of the TOS, or
yourviolation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce,duplicate, copy,
sell, resell or exploit for any commercialpurposes, any portion of the
Service, use of the Service, oraccess to the Service.
10. GENERAL PRACTICES REGARDINGUSE AND STORAGE
You acknowledge that DKELATE mayestablish general
practices and limits concerning use of theService.
11. MODIFICATIONS TO SERVICE
DKELATE reserves the right at anytime and from
time to time to modify or discontinue, temporarilyor permanently, the
Service (or any part thereof) with or withoutnotice. You agree that DKELATE
shall not be liable to you or to anythird party for any modification,
suspension or discontinuance ofthe Service.
12. TERMINATION
You agree that DKELATE, in its solediscretion, may
terminate your password, account (or any partthereof) or use of the
Service, and remove and discard anyContent within the Service, for any
reason, including, withoutlimitation, for lack of use or if DKELATE believes
that you haveviolated or acted inconsistently with the letter or spirit of
theTOS. DKELATE may also in its sole discretion and at any timediscontinue
providing the Service, or any part thereof, with orwithout notice. You
agree that any termination of your access tothe Service under any
provision of this TOS may be effectedwithout prior notice, and acknowledge
and agree that DKELATE mayimmediately deactivate or delete your account and
all relatedinformation and files in your account and/or bar any
furtheraccess to such files or the Service. Further, you agree that
DKELATEshall not be liable to you or any third-party for any terminationof
your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or businessdealings with,
or participation in promotions of, advertisersfound on or through the
Service, including payment and deliveryof related goods or services, and
any other terms, conditions,warranties or representations associated with
such dealings, aresolely between you and such advertiser. You agree that
DKELATE shallnot be responsible or liable for any loss or damage of any
sortincurred as the result of any such dealings or as the result ofthe
presence of such advertisers on the Service.
14. LINKS
The Service may provide, or thirdparties may
provide, links to other World Wide Web sites orresources. Because DKELATE has
no control over such sites andresources, you acknowledge and agree that
DKELATE is not responsiblefor the availability of such external sites or
resources, anddoes not endorse and is not responsible or liable for
anyContent, advertising, products, or other materials on oravailable from
such sites or resources. You further acknowledgeand agree that DKELATE shall
not be responsible or liable, directlyor indirectly, for any damage or
loss caused or alleged to becaused by or in connection with use of or
reliance on any suchContent, goods or services available on or through any
such siteor resource.
15. DKELATE'S PROPRIETARY RIGHTS
You acknowledge and agree that theService and
any necessary software used in connection with theService ("Software")
contain proprietary andconfidential information that is protected by
applicableintellectual property and other laws. You further acknowledge
andagree that Content contained in sponsor advertisements orinformation
presented to you through the Service or advertisersis protected by
copyrights, trademarks, service marks, patents orother proprietary rights
and laws. Except as expressly authorisedby DKELATE or advertisers, you agree
not to modify, rent, lease,loan, sell, distribute or create derivative
works based on theService or the Software, in whole or in part.
DKELATE grants you a personal,non-transferable and
non-exclusive right and license to use theobject code of its Software on a
single computer; provided thatyou do not (and do not allow any third party
to) copy, modify,create a derivative work of, reverse engineer, reverse
assembleor otherwise attempt to discover any source code, sell,
assign,sublicense, grant a security interest in or otherwise transferany
right in the Software. You agree not to modify the Softwarein any manner
or form, or to use modified versions of theSoftware, including (without
limitation) for the purpose ofobtaining unauthorised access to the
Service. You agree not toaccess the Service by any means other than
through the interfacethat is provided by DKELATE for use in accessing the
Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREETHAT:
(a) YOUR USE OF THE SERVICE IS ATYOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. DKELATE
EXPRESSLY DISCLAIMS ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) DKELATE MAKES NO WARRANTY THAT(i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICEWILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THERESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BEACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOUTHROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANYERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OROTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUROWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLEFOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM DKELATE OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREETHAT DKELATE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS,GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF DKELATE HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OFPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANYGOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED ORMESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROMTHE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOURTRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRDPARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THESERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OREXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 16 AND 17MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FORSERVICES RELATING TO
FINANCIAL MATTERS
If you intend to create or joinany service,
receive or request any news, messages, alerts orother information from the
Service concerning companies, stockquotes, investments or securities,
please read the above Sections17 and 18 again. They go doubly for you. In
addition, for thistype of information particularly, the phrase "Let
theinvestor beware" is apt. The Service is provided forinformational
purposes only, and no Content included in theService is intended for
trading or investing purposes. DKELATE shallnot be responsible or liable for
the accuracy, usefulness oravailability of any information transmitted via
the Service, andshall not be responsible or liable for any trading or
investmentdecisions made based on such information.
20. NOTICE
Notices to you may be made viaeither email or
regular mail. The Service may also providenotices of changes to the TOS or
other matters by displayingnotices or links to notices to you generally on
the Service.
21. COPYRIGHTS
DKELATE respect the intellectualproperty rights of
others and we ask our users to do the same.
22. GENERAL INFORMATION
The Terms of Service constitutethe entire
agreement between you and DKELATE and govern your use ofthe Service,
superceding any prior agreements between you andDKELATE (including, but not
limited to, any prior versions of theTerms of Service). You also may be
subject to additional termsand conditions that may apply when you use
affiliate or otherDKELATE services, third-party content or third-party
software. TheTerms of Service and the relationship between you and DKELATE
shallbe governed by the laws of the Malaysia without regard to itsconflict
of law provisions. You and DKELATE agree to submit to thepersonal and
exclusive jurisdiction of the courts located withinthe Malaysia. The
failure of DKELATE to exercise or enforce anyright or provision of the Terms
of Service shall not constitute awaiver of such right or provision. If any
provision of the Termsof Service is found by a court of competent
jurisdiction to beinvalid, the parties nevertheless agree that the court
shouldendeavour to give effect to the parties' intentions as reflectedin
the provision, and the other provisions of the Terms ofService remain in
full force and effect. You agree thatregardless of any statute or law to
the contrary, any claim orcause of action arising out of or related to use
of the Serviceor the Terms of Service must be filed within one (1) year
aftersuch claim or cause of action arose or be forever barred. Thesection
titles in the Terms of Service are for convenience onlyand have no legal
or contractual effect.
23. VIOLATIONS
Please report any violations ofthe Terms of
Service to our Customer Service Team.
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