Web Content Management System using
You agree that the Services, which include all documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of the Owner. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree that you will only use the Services if you are a person over 21 years of age.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the laws in the Singapore.
The Services are offered on an “as is” basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
2. ACCEPTABLE USE
The Owner does not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libellous.
- Users posting any of the above content on their sites will be notified using User’s current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, the Owner will suspend the services of the member account until a resolution is met between the Owner and the User. A repeated violation may cause cancellation of service without refund of any fees. In addition, the Owner does not allow any of the following:
- Users may not use the Service as a remote storage server only.
- Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
- Users must exercise caution when hosting large downloads (>10MB). The Owner reserves the right to refuse to host any large downloadable files.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
- Users are not permitted to knowingly allow another website or hosting server to link to content files stored on the Owner’s servers. Users deemed to be using the Services solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed. The final choice of whether an account is in violation of any of these policies is at the sole discretion of the Owner. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
3. MATERIAL AND PRODUCTS
The Owner provides Services on an “as is” basis. The Owner shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability. Use of Owner’s services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web. It is not the responsibility of the Owner to provide free support for the User in the use and operation of the Internet and World Wide Web.
Only services and features clearly indicated as “free” or “no charge” are free or without charge. All other applications, features, functionality and support provided by The Owner are provided for a fee and the User is liable for such fees. The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties. The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which include its software and documentation) except as explicitly provided for in this agreement. The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
4. OWNER ETIQUETTE AND PRIVACY
5. AGE AND NATURE OF THE USER
The User certifies that he or she is a person at least 21 years of age. The Services may not be used by any automated device or automated computational machine. The Service may only be used or accessed through an electronic device under the manual control of User at all times.
6. LAWFUL PURPOSE
Services provided to or used by the User may only be for lawful purposes. Transmission, storage, copying, or modifying any material or other actions by User must be in compliance with ALL Singapore Laws or regulations. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. Users are prohibited from using the Services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which the Owner deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Owner. The User agrees to indemnify and hold harmless and defend Owner from any claims resulting from the User’s use or User’s allowed use by others.
7. LIMITED LIABILITY
User shall defend, indemnify, save and hold the Owner (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns. User shall defend, indemnify and hold harmless the Owner (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services. Under no circumstances, including negligence, shall the Owner. (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Owner records, programs or services. This paragraph shall apply to all content and functionality of the Owner’s Service.
Notwithstanding the above, User’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to the Owner during the current month. Such limitations shall apply to the Owner total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
8. TRADEMARKS AND COPYRIGHTS
User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any. User warrants that its content does not infringe any third party copyrights or patents.
9. SERVICE RELIABILITY AND WARRANTIES
The Owner makes no warranties or representations of any kind, whether expressed or implied for the Services. User’s, use of the Services are at User’s sole risk. Neither the Owner its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Owner Service, unless otherwise expressly stated in this Agreement.
The Owner also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User’s materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of the Owner is at the User’s own risk, and the Owner specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against the Owner are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to the Owner for the period of the system unavailability. “System unavailability” shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the email or Support Portal. Under no circumstances will the Owner bear any responsibility for any damages arising as a consequence of such unavailability.
10. CONTRACT REVISIONS AND APPLICABLE LEGAL JURISDICTION
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way. The Owner reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the User within 30 days of their effect. This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the jurisdiction of the courts of Singapore. This Agreement shall be governed and construed in accordance with the laws of the Singapore and no party shall object to removal or prosecution of any litigation jurisdiction of the courts of Singapore.
This Service may be terminated by either party, without cause, by giving the other party 3 days written notice without refund of any fees. Notwithstanding the above, the Owner may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. The Owner may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in Singapore.
Upon notice of termination of Services by the Owner to User via contact e-mail to User’s Services account and contact e-mail account provided in User’s personal information, or voluntary termination of service by User, the Owner has the right to delete all data, files, or other information that is stored in the User’s account for any reason.