TERMS AND CONDITIONS OF USE

BEFORE ACCESSING THE SEANETMSC.COM WEB SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY

  1. GENERAL
    1. The SOUTHEASTASIANET TECHNOLOGIES MSC SDN BHD Web Site (located at www.seanetmsc.com) (hereinafter referred to as the "SEANET Web Site") is operated, administered, maintained and developed by,

    Southeastasianet Technologies MSC Sdn Bhd
    B-612, Level 6 Block B, Kelana Square
    17 Jalan SS 7/26, 47301 Kelana Jaya
    Selangor Darul Ehsan, MALAYSIA
    (hereinafter referred to as "SEANET", "we", "us" or "our" as the context requires).

    1. The materials, information and content on the SEANET Web Site are provided by SEANET, as a service to its customers and may be used for informational purposes only.
    2. The use of the SEANET Web Site is governed by the following terms and conditions and any additional operating policies that we may enact from time to time (hereinafter cumulatively referred to as the "Agreement"). You agree and acknowledge that you shall abide by all the terms and conditions contained in this Agreement and your use of the SEANET Web Site constitutes your agreement to abide by the same.
    3. We reserve the right to make any changes and/or amendments to this Agreement from time to time as we, at our sole discretion, deem fit. Such changes and/or amendments shall be effective immediately upon notice published on the SEANET Web Site. Your continued use of the SEANET Web Site subsequent to any such change and/or amendment shall constitute your binding acceptance of the same.
    4. IF AT ANY TIME YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR TO ANY OF THE CHANGES AND/OR AMENDMENTS MADE TO THE SAME, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SEANET WEB SITE.
  1.  USE OF THE SEANET WEB SITE
    1. You agree and acknowledge that you shall be solely responsible for your use of the SEANET Web Site and that, at all times, you shall,
      1. not disrupt or interfere with another person's use of the SEANET Web Site;
      2. not create a false identity, use a false electronic mail address and/or provide false or fraudulent information about yourself for the purposes of misleading us or any other persons or third parties as to your identity;
      3. not attempt to hack into and/or gain unauthorized access to the SEANET Web Site and/or its contents therein; and
      4. comply with all laws and regulations which relate to and govern the transmission, use, protection and/or privacy of data and/or software.
  1.  CONFIDENTIALITY AND NON-DISCLOSURE OF INFORMATION
    1. It is our policy to respect your privacy. To this effect, we will not edit and/or disclose any confidential information concerning yourself which we may have obtained from your use of the SEANET Web Site unless we are required to do so in order to,
      1. comply with and conform to any legal requirement or legal process;
      2. protect or defend our rights and property;
      3. enforce any or all of the terms and conditions in this Agreement; and
      4. as otherwise provided for in this Agreement.
    2. We also automatically track and record information which our server logs from your Internet browser which includes but is not limited to the type of Internet browser you use, your Internet Protocol (IP) address, cookie information and/or the page which you requested.
    3. Further to Clause 3(ii), cookies are used on certain pages of the SEANET Web Site for the purposes of storing and tracking information about persons who use the SEANET Web Site. These cookies, which are sent to your Internet browser, are stored on your computer's hard drive and not on the SEANET Web Site, server and/or system. Most of these cookies are Session Cookies which are automatically deleted upon the completion of an Internet session. You have the discretion to decline to accept or delete such cookies provided that your Internet browser permits such an option.
  1.  PROPRIETARY RIGHTS TO CONTENT
    1. All content which is made available on and/or through the SEANET Web Site is protected by copyright, trade marks, patents and any other applicable intellectual property and proprietary laws and you acknowledge that title to all of the same belongs to us and/or the respective third parties, where applicable.
    2. You may download one (1) copy of the content from the SEANET Web Site for your personal and non-commercial use only provided always that you agree to keep all copyright and other proprietary notices intact, except where you have been expressly authorized by us not to do so.
    3. You agree and acknowledge not to modify, copy, reproduce, distribute, republish, upload, post, transmit, perform, display and/or create derivative works of any such content, including source code and software (where applicable), without our prior express and written consent.
    4. You agree and acknowledge that you do not acquire any ownership rights in any downloaded content.
    5. You agree and acknowledge that all rights in the SEANET Web Site and/or any content therein which are not granted to you under this Agreement are expressly reserved by us and/or the respective third parties, where applicable.
  1.  AVAILABILITY OF THE SEANET WEB SITE & USER'S COMMENTS
    1. While we strive to maintain the continuous and uninterrupted availability of the SEANET Web Site, we neither make any representations nor provide any warranty that the SEANET Web Site shall continuously be available. You agree and acknowledge that we shall not be liable or responsible to you and/or any third party for the temporary or permanent unavailability of the SEANET Web Site.
    2. We welcome comments from you in respect of the SEANET Web Site, its contents therein and any other matters pertaining to the same. You agree and acknowledge that any and all comments which you submit to us shall be deemed to be non-confidential and we are free to use such information on an unrestricted basis including but not limited to copying, disclosing, distributing and other using the same and all data, images, sounds, text and other things embodied therein, if any, for any and all commercial and/or non-commercial purposes without any obligation to you.
    3. Further to Clause 5(ii) and for the avoidance of doubt, you agree and acknowledge not to post, transmit and/or submit to us any and/or all of the following,
      1. materials or communications which are harassing, libelous, tortious, abusive, threatening or obscene, materials which infringe or violate any third party's intellectual property rights or that may constitute a criminal offense, give rise to civil liability, violate any applicable laws or regulations or that is otherwise objectionable such as content which contains blatant bigotry, racism, hatred or promotes illegal activities, harm or damage;
      2. viruses, trojan horses, worms, time bombs, cancelbots or any other harmful, disruptive or deleterious files or programs;
      3. content or material which contains or exhibits nudity or pornography of any kind; or
      4. multilevel marketing messages or offers.
  1.  LINKS TO THIRD PARTY WEB SITES
    1. Throughout your use of the SEANET Web Site, you will notice that we have provided hyperlinks which allow you to view and/or access other third party web sites. You agree and acknowledge that these third party web sites are not under our control and therefore, we are not responsible for its contents or any further hyperlinks contained therein.
    2. We are not responsible or liable for any form of transmission, communication, materials, data and/or information which you may receive from any such third party web site.
    3. These third party web sites are hyperlinked to the SEANET Web Site for your convenience and reference and does not imply any approval or endorsement, whether express or otherwise, by us of any such web site or any association with its operator or owner.
  1.  DISCLAIMER OF WARRANTIES
    1. YOU AGREE AND ACKNOWLEDGE THAT THE SEANET WEB SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    2. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
    3. WE NEITHER MAKE ANY WARRANTY THAT THE SEANET WEB SITE AND/OR ITS CONTENTS THEREIN WILL MEET YOUR REQUIREMENTS NOR WILL IT BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE FROM INTRUSION AND/OR ATTACK BY ANY PERSON, COMPUTER VIRUSES, TROJAN HORSE, WORMS AND/OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE ALSO MAKE NO WARRANTY THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS AND/OR LOSS OF TRANSMITTED CONTENT.
    4. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, COMPLETENESS, VALIDITY, TIMELINESS, QUALITY AND/OR AVAILABILITY OF ALL CONTENT FOUND ON THE SEANET WEB SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SEANET WEB SITE AND/OR ANY LINKS TO OTHER THIRD PARTY WEB SITES MADE AVAILABLE ON THE SEANET WEB SITE.
    5. YOU AGREE AND ACKNOWLEDGE THAT ANY MATERIALS, INFORMATION AND/OR CONTENT OBTAINED BY YOU FROM US AND/OR THROUGH THE USE OF THE SEANET WEB SITE SHALL NOT CREATE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED. YOU ALSO AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR MAKING YOUR OWN ASSESSMENT OF SUCH MATERIALS, INFORMATION AND/OR CONTENT AND ARE ADVISED TO VERIFY ALL RELEVANT REPRESENTATIONS, STATEMENTS AND/OR INFORMATION AND OBTAIN INDEPENDENT PROFESSIONAL ADVICE BEFORE ACTING AND/OR RELYING ON ANY SUCH MATERIALS, INFORMATION AND/OR CONTENT CONTAINED IN, OBTAINED FROM AND/OR IN CONNECTION WITH THE SEANET WEB SITE.
    6. YOU AGREE AND ACKNOWLEDGE THAT ANY MATERIALS, INFORMATION AND/OR CONTENT OBTAINED AND/OR DOWNLOADED THROUGH THE USE OF THE SEANET WEB SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE AND/OR MALFUNCTION TO YOUR COMPUTER SYSTEM AND/OR LOSS AND/OR CORRUPTION OF DATA WHICH MAY RESULT FROM THE USE AND/OR DOWNLOADING OF SUCH MATERIALS, INFORMATION AND/OR DATA.
  1.  LIMITATION OF LIABILITY
    1. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS, SUPPLIERS, ASSOCIATES, ADVERTISERS, AFFILIATES OR PARTNERS BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE AND/OR THE INABILITY TO USE THE SEANET WEB SITE AND/OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, TECHNICAL HARDWARE AND/OR SOFTWARE FAILURE, COMPUTER VIRUSES OR OTHERWISE AND/OR FOR ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SEANET WEB SITE OR FROM ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT AND/OR RECEIVED OR NOT SENT OR RECEIVED INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA AND/OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU AND/OR TO ANY OTHER PERSON OR BODY CORPORATE FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING YOU) ON OR ARISING FROM THE USE OF THE SEANET WEB SITE.
    3. IF YOU ARE DISSATISFIED WITH THE SEANET WEB SITE OR THE CONTENTS THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SEANET WEB SITE.
  1.  INDEMNIFICATION
    1. You agree and acknowledge that you shall indemnify, defend and hold us, our parents, subsidiaries, officers, directors, employees, agents, suppliers, associates, advertisers, affiliates or partners including their respective officers, directors, employees or agents harmless from any claim, action, loss or damage (as well as all costs and legal fees), made by any third party arising out of or related to your use of the SEANET Web Site or your violation of any or all of the terms and conditions of this Agreement which includes but is not limited to an infringement of any intellectual property right or other rights of any person or entity.
    2. Notwithstanding the above, we reserve the right and the sole discretion to assume the exclusive defense and control of any matter subject always to your indemnifying us for the same. Our assumption of such defense or control shall not release you from your obligations of indemnity above.
  1.  WAIVER
    1. In the event that we fail to enforce any provision of this Agreement, our failure to do so shall neither be construed as a waiver of our rights to enforce any such provision or remedy of the breach of such provision of this Agreement nor as a waiver of any continuing, succeeding or subsequent breach of any provision or provisions in this Agreement.
  1.  SEVERABILITY
    1. If any provision in this Agreement is discovered or held to be illegal or invalid under present or future laws or regulations which are effective and applicable during the term of this Agreement, the said provision shall be fully severed from this Agreement and this Agreement shall be construed as if the said illegal or invalid provision had not formed part of this Agreement. Further, the remaining provisions of this Agreement shall continue to remain in full force and effect and shall not be affected by the said illegal or invalid provision or by its severance from this Agreement.
  1.  RELATIONSHIP OF THE PARTIES
    1. Nothing in this Agreement shall or be deemed to constitute a partnership between you and us.
  1.  SUCCESSORS BOUND
    1. You agree and acknowledge that this Agreement shall enure to the benefit of and be binding upon both you and our respective successors in title, trustees, permitted assigns or receivers but shall not enure to the benefit of any other persons unless otherwise expressly provided.
  1.  INTERPRETATION
    1. The headings in this Agreement are for ease of reference only and shall neither in any way limit or amplify the provisions of this Agreement nor be taken into account in the construction or interpretation of any provision to which they refer.
  1.  LANGUAGE
    1. This Agreement may be drawn up in other languages. In the event of a conflict of interpretation, the English version shall prevail.
  1.  APPLICABLE LAW
    1. Notwithstanding where you gain access to the SEANET Web Site, this Agreement, the terms and conditions therein, your performance under it and/or any disputes arising under or from it shall be governed by and construed in accordance with the laws of Malaysia.
    2. You agree and acknowledge that you shall submit to the personal and exclusive jurisdiction of the courts of Malaysia.
    3. Our performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of our rights to comply with and conform to any governmental or legal requests or requirements relating to the use of the SEANET Web Site or in respect of any information provided to or gathered by us for the use of the SEANET Web Site.
    4. Unless otherwise specified herein, this Agreement constitutes the entire agreement between both you and us in respect of the SEANET Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us in respect of the SEANET Web Site. 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 maintained in printed form.
  1.  INTERPRETATION
    1. You agree and acknowledge that you shall indemnify, defend and hold us, our parents, subsidiaries, officers, directors, employees, agents, suppliers, associates, advertisers, affiliates or partners including their respective officers, directors, employees or agents harmless from any claim, action, loss or damage (as well as all costs and legal fees), made by any third party arising out of or related to your use of the SEANET Web Site or your violation of any or all of the terms and conditions of this Agreement which includes but is not limited to an infringement of any intellectual property right or other rights of any person or entity.
    2. Notwithstanding the above, we reserve the right and the sole discretion to assume the exclusive defense and control of any matter subject always to your indemnifying us for the same. Our assumption of such defense or control shall not release you from your obligations of indemnity above.