TOS | AUP | Privacy Policy

All ModernOne Data Solutions Sdn. Bhd. products and services provided are subject to this TOS (Terms Of Service). Use or purchase our products or services are constitutes acceptance and agreement to ModernOne Data Solutions Sdn. Bhd. TOS and AUP (Acceptable usage policy) where by TOS and AUP are subject to change at any time without prior notice. By clicking on the “I Accept” button, you acknowledge that you have read this agreement and the AUP, and agree to be bound by all terms and conditions of this agreements as well as all policies and guild line of the AUP.

Refund Policy
All payment made to ModernOne Data Solutions Sdn. Bhd. are not refundable. This included and not limited to Setup Fee, subscription fee, Domain registration fee and all others fee you have pay to ModernOne Data Solutions Sdn. Bhd.. All overcharge must be report to ModernOne Data Solutions Sdn. Bhd. in advance before you report to the Credit Card issuer. You agree be charged $50.00 administrative fee, If you report overcharge to your Credit Card issue before inform ModernOne Data Solutions Sdn. Bhd. prior in advance.

Forfeit of Fund
In the event when customer have no active service in ModernOne for 3 years, the fund in your account with ModernOne Data Solutions Sdn. Bhd. will be forfeited.

Change Package, Upgrade and Downgrade
All packages purchased can be upgrade at any point of time during or by end of service period without additional charges. Clients required to only pay for the differences. All packages purchased can be downgrade at point of time during or by end of service period. However the differences will not be refund in any form to the client. Minimum of one full billing cycle is required to maintain for recent upgraded package as maintenance period. However this  maintenance period does not apply to recent downgraded package.

Cancellation of Service
If you decide you no longer need or want your web hosting account, you may cancel at any time. To cancel an account, simply submit your cancellation service support ticket to us, and include your name, address, account username, domain name of the hosting account, and reason for your cancellation before or at the same day you receive our invoice. Our invoice will send to you 10 days before expiry date. There will be no further charges to your credit card from the time that you cancel your account provided a 10 days prior notice required. Charges already made to your credit card however, cannot be refunded.

Service Level Agreement (SLA)
Our service level agreement (SLA) is our commitment to giving you the highest standard of customer service, support and care. We will credit your account with double the period in excess of this guarantee within any month up to 100% of your monthly fee for the affected server. Planned maintenance is not covered by SLA. In the event of network infrastructure unplanned maintenance, customer are covered and entitle for SLA coverage.

• Network Infrastructure SLA – You’ll benefit from our network infrastructure availability, with a 99.9% connectivity guarantee. Network Infrastructure availability means that all infrastructure including core routers, core switches and cabling is working. Hardware, Services, and software running on your servers are not defined as part of the network infrastructure.
• Hardware SLA – ModernOne are offering 99% hardware uptime SLA. We guaranty the functioning of all server hardware components and will replace any failed component at no cost. Hardware is defined as the processor, RAM, hard disk, motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems and migration data to new server.

Customer Default Payment / Failure to Pay
ModernOne may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all data lost, accrued charges, plus reasonable interest and all collection fees, including legal expenses. Or your Credit cards that are declined for any reason or Paypal payments that are either rejected or not made when Services. Your whole account will be suspended once you fail to pay any outstanding bill for more than 1 day. Once suspended, you will be charged a $25.00 suspended fee + outstanding bill to unsuspend your account. In the event of server termination, Server restoration fee is $250.00 + outstanding bill and $50.00 + outstanding bill for share hosting account. Accounts not paid in full by the due date are subject to a $5.00 late fee that accrues daily until paid in full. Accounts that are not collectable by ModernOne may be turned over to an outside collection agency for collection. If you account is turned over for collection, you agree to pay the company an additional “Collection“ fee of not less than $50.00 not more than $150.00. If you desire to cancel the account, please submit a Service Cancellation ticket at http://www.nocser.net/clients/

ModernOne Data Solutions Sdn. Bhd.
No.93-2A, Jalan TSK 1,
Taman Kajang Sentral
43000 Selangor.
Malaysia

All ModernOne Data Solutions Sdn. Bhd. products and services provided are subject to this AUP (Acceptable usage policy). Use or purchase our products or services are constitutes acceptance and agreement to ModernOne Data Solutions Sdn. Bhd. TOS (Terms Of Service) and AUP (Acceptable usage policy).

ModernOne Data Solutions Sdn. Bhd. provides Web Services to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. These AUP also apply to resellers and their customers.

Report Violation of AUP
Reporting Abuse Violations of these Acceptable Uses Policies and Terms of Service should be referred to support@nocser.net. All complaints will be investigated promptly. Serious violations of terms or conditions can be ground for immediate account deactivation or termination without refund.

Violations of the AUP
A 24 hours or less warning notification sent via email. First Violation shall receive an e-mail, warning them of the violation. The service may be subject at ModernOne Data Solutions Sdn. Bhd. discretion to a temporary suspension pending a client’s agreement in writing to refrain from any further violations. Second Violation shall be subject to immediate suspension or termination of service without further notice. We reserve the right to drop the section of IP space involved in any SPAM or Denial-of-Service (Dos) complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial-of-service attacks are originating from your network. In certain rare cases, we may have to take this action prior to attempting to contact you.

Contact Information
Customers are responsible for maintaining their contact information in the ticketing system and billing system such that the email address is always reachable even in the event of their ModernOne Data Solutions Sdn. Bhd. account being suspended.

Abuse Network or Server / Internet Etiquette
ModernOne Data Solutions Sdn. Bhd. accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of a customer account. The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which ModernOne Data Solutions Sdn. Bhd. may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. ModernOne Data Solutions Sdn. Bhd. reserves the right to refuse or terminate service at any time for violation of this section. Any attempt to undermine or cause harm to a server, customer, reseller and network of ModernOne Data Solutions Sdn. Bhd. is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

Contents
All services provided by ModernOne Data Solutions Sdn. Bhd. may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any International laws is prohibited. This includes, but is not limited to: copy righted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ModernOne Data Solutions Sdn. Bhd. from any claims resulting from the use of the service which damages the subscriber or any other party. If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publish material as an existing customer.

Content Responsibility
Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy. Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, ModernOne Data Solutions Sdn. Bhd. will suspend the offending site or even suspend the whole reseller account. Resellers are responsible for anything their clients do.

Legal Adult Content
Lawful adult contain are allowed with dedicated server.

Unacceptable contents
Unacceptable contents or links includes but is not limited to advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group. Pirated software, IRC or IRC Bot or IRC related or link to IRC site, Egg Drop, Child Pornography and Child sex-related merchandising, Violations of Copyrights, Hacker programs or archives, Warez sites, Hate propaganda, Fraud / Scam Website or Email, peer-to-peer or audio/video streaming applications, SPAM HYIP Site also strickly not permitted.

Illegal activities
The ModernOne Data Solutions Sdn. Bhd.’s services may not be used for illegal purposes or activities included but not limited to cracking, hacking and scaning, or in support of illegal activities. The ModernOne Data Solutions Sdn. Bhd. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing.

Child Pornography
Our policy on child pornography is zero tolerance. ModernOne Data Solution will cooperate fully with any criminal investigation into any customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers, if they are resellers, are ultimately responsible for the actions of their clients over the ModernOne Data Solutions Sdn. Bhd. network, and will be liable for illegal material posted by any of their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years.

Spam Policy
Spamming, or the sending of unsolicited email include and not limited to commercial, non commercial, charity, non-profits purpose opt-in Email, from a ModernOne Data Solutions Sdn. Bhd. server or network or using an email address or domain that is maintained on a ModernOne Data Solutions Sdn. Bhd. Service as reference is STRICTLY prohibited. We also do not allow you to advertise any web site hosted on our servers in an unsolicited email, regardless of the origin of that email (i.e. even if you do not send the spam through our servers, or using an email address from a domain name hosted by us…. if you advertise a web site hosted by us in a spam email, your account will be terminated. As delegated by our backbone provider, any sites using spam or selling of spam related software or bulk email content will be terminated.

Allowed Mailing Lists
Specifically, you must maintain a true opt-in mailing list and maintain records of the opt-in confirmation email each intended recipient submitted when originally signing up for the mailing list. The mailing list may not be purchased from an outside source; rather, the recipients must have signed up to this list directly. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out. Opt-out requests must be honored immediately. ModernOne Data Solutions Sdn. Bhd. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ModernOne Data Solutions Sdn. Bhd. will notify law enforcement officials if the violation is believed to be a criminal offense.

Harassment
Use of ModernOne Data Solutions Sdn. Bhd. service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity
Use of ModernOne Data Solutions Sdn. Bhd. service to make fraudulent offers to sell or buy or update products, items, or services such as Fraud Paypal Website or Email and Fraud Ebay Website or Email, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

Forgery or impersonation
Adding, removing or modifying identifying network or Email header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unauthorized access
Use ModernOne Data Solutions Sdn. Bhd. Service attempt to unauthorized access to others account or information or collect other user information without their concern or run CGI’s in your account from another account, either on our server or not are subject to immediate termination. Unauthorized access included but not limited to: 1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access. 2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 3) Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, flooding, mail bombing or crashing. 4) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 5) Taking any action in order to obtain services which such user is not entitled.

Copyright or Trademark
Use of ModernOne Data Solutions Sdn. Bhd. service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Distribution of Viruses
Use of ModernOne Data Solutions Sdn. Bhd. service intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Subject to United State and Malaysia Law
The information, construction and interpretation of this agreement shall be controlled by the laws of Malaysia and the United State. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Malaysia, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. Pursuant to ModernOne Data Solutions Sdn. Bhd.’s Terms of Service, the customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension
ModernOne Data Solutions Sdn. Bhd. reserves the right to suspend network access to any customer if, in the judgment of the ModernOne Data Solutions Sdn. Bhd. network administrators, the customer’s server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which ModernOne Data Solutions Sdn. Bhd. reasonably chooses, including but not limited to nonpayment. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended. The customer’s account with ModernOne Data Solutions Sdn. Bhd. will, however, be credited on a prorated basis for the time the Customer’s machines were suspended, based on the monthly fees the Customer pays for the servers that are suspended.

Cancellation
ModernOne Data Solutions Sdn. Bhd. reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if ModernOne Data Solutions Sdn. Bhd. institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Non-Payment of Service
It is up to you to keep your account up to date. If your payment is not received on the due date, your account may be suspended. Suspended accounts typically remain suspended in 1 day, or until payment is made (when an account is suspended, your web site will not be visible, you will not be able to login, and any email addresses you created will cease to function. No information is deleted when an account is suspended). Once account suspeded, will be charge a suspended charge. Please refer to our Website for suspend charges. If payment is not made within 1 day to maximum of 7 days, your account will be terminated, and all information in your account (files, emails, etc) will be lost.

Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). ModernOne Data Solutions Sdn. Bhd. will monitor Customer’s bandwidth and disk usage. ModernOne Data Solutions Sdn. Bhd. shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ModernOne Data Solutions Sdn. Bhd.’s sole and absolute discretion. If ModernOne Data Solutions Sdn. Bhd. takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ModernOne Data Solutions Sdn. Bhd. may, at its sole discretion, collect a deposit, in an amount determined by ModernOne Data Solutions Sdn. Bhd., against customer’s credit card.

Limitation of liability
Your use of ModernOne Data Solutions Sdn. Bhd.’s services are at your sole risk. All ModernOne Data Solutions Sdn. Bhd. services are provided on an “as is ” basis without warranties of any kind, either expressed, implied, constructive, or statutory, including, without limitation any implied warranties of merchantability, not infringement or fitness for a particular purpose. In no event will ModernOne Data Solutions Sdn. Bhd. be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damage arising out of the use of or inability to use ModernOne Data Solutions Sdn. Bhd.’s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; any type of negligence; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

Right to Change AUP
ModernOne Data Solutions Sdn. Bhd. reserves the right to change or amend these Acceptable Use Policy at any time without prior notice. By submitting your order to ModernOne Data Solutions Sdn. Bhd., you signify your agreement to these Acceptable Use Policy . If you do not agree to these Acceptable Use Policy, then please don’t submit an order! Please view and read our TOS (Terms Of Service) page before submit your order.

ModernOne Data Solutions Sdn. Bhd.
No.93-2A, Jalan TSK 1,
Taman Kajang Sentral
43000 Selangor.
Malaysia

ModernOne holds the privacy and security of our site visitors in the highest regard. The following information explains what kind of information is gathered on our site and how that information is used.

We capture the email addresses of only those who have purchased products from us, and those who sign up for one or more of our website.

How is email information used?
Email addresses are used to send you information that you requested or to confirm orders and received update and newsletter from ModernOne.

We NEVER sell, rent, or loan our email lists to outside firms. Period!

How do I remove my name from mailing lists to which I previously subscribed?
Simply reply the Email and request us to set your account inactived.

Is supplied credit card information retained?
We will not keep or store your credit card information. All credit card transaction is done or process from the payment gateway website.

What about phone and fax numbers?
We request a phone and/or fax number on order forms in case we need to contact you about your order. However, this information is entered into our personal customer database only. We NEVER sell, rent, or loan our list of customer fax or phone numbers. Nor any other information about customers.

 

ModernOne Data Solutions Sdn. Bhd.
No.93-2A, Jalan TSK 1,
Taman Kajang Sentral
43000 Selangor.
Malaysia

Registrant is responsible for the accuracy of ALL the information stated in the form. MYNIC reserves the right to revoke the domain at any time without prior written notice to the Registrant should MYNIC find any of the information supplied in the form to be correct/inaccurate.

The DNS servers should be running 24 hours.

The Administrative Contact have to notify domain@nocser.net or directly domreg@mynic.net.my should any of the registered information change.

The party requesting registration of the domain name certifies that, to her/his knowledge, the use of this name does not violate trademark or other statutes. Registering a domain name does not confer any legal rights to that name and any disputes between parties over the rights to use a particular domain name are to be settled between the contending parties using normal legal methods. MYNIC does not act as arbiter of disputes.

Payment must me made directly to ModernOne Data Solutions Sdn. Bhd.

.

ModernOne Data Solutions Sdn. Bhd.
No.93-2A, Jalan TSK 1,
Taman Kajang Sentral
43000 Selangor.
Malaysia

IT IS NOW HEREBY AGREED by and between the Parties as follows:-

This Local Contact Services Agreement (“Agreement”) is between the Registrant and the local contact (“Local Contact”) providing local contact services to the Registrant.

By registering the domain name through the Registrar, the Registrant hereby consents to the appointment of the Local Contact so named in the Whois database as the Registrant’s local contact and agrees to be bound by all the terms and conditions of this Agreement and applicable rules, policies and procedures, as amended and supplemented by the Registrar from time to time.

This Agreement shall be read together with the Domain Name Registration Agreement (“Registration Agreement”) and words and phrases used in this Agreement shall have the same meaning attributed to them in the Registration Agreement unless otherwise specified or the context clearly otherwise requires.

1. INTERPRETATION
   • 1.1 In this agreement, unless inconsistent with the context thereof or otherwise indicated, the following terms shall have the following meanings:
     “Appointment” means the appointment of the Local Contact so named in the Whois data base as the Registrant’s local contact in accordance to the terms and conditions of this Agreement and any such documents which are expressly agreed to form part of this Agreement;
     “Commencement Date” means the date of creation of the domain name registered through the Registrar or upon the date of transfer of the domain name to the Registrar;
     “Confidential Information” means information of any kind submitted by either Party to the other for purposes relating to this Appointment, whether in electronic, printed or whatsoever format, irrespective of whether such information were disclosed before or after the Commencement Date or whether they were labeled as “confidential” at the time of disclosure;
     “Force Majeure” means an act, omission or circumstance relied on by either one Party hereto over which that Party could not have reasonably exercised control, including but not limited to acts of God, acts of government / authorities, new or amending regulations imposed after the date of this Appointment, general strikes, fire, lockouts, riots, war, epidemics, earthquakes and other natural disasters;
     “Intellectual Property” means at any given point in time, all of the following and all rights in, arising out of, or associated therewith:
     all trade secrets, know-how, proprietary information, technical data, improvements, technology, documentation, designs, specifications, protocols, files, records, databases, compositions, processes, models, research and development data, confidential information, and production processes and techniques, research and development information, improvements, proposals, and technical data;
     all copyrights, copyright registrations and applications therefore and all other rights corresponding thereto throughout the world;
     trademarks, trade names, service marks, service names, trade dress, logos, Internet web site graphics, and corporate names, together with all goodwill associated therewith and including, without limitation, all translations, adaptations, combinations and derivations of each of the foregoing;
     any similar, corresponding or equivalent rights to any of the foregoing anywhere in the world; and
     all copies and tangible embodiments of the foregoing (in whatever form);
     “Parties” means the Registrant and Local Contact collectively and “Party” means any one of them;
     “Working Day” means any day, other than a Saturday or Sunday or gazetted public holiday in Malaysia.
   • 1.2 Words importing the singular shall also include the plural and vice-versa where the context so admits.
   • 1.3 Clause headings are inserted for convenience of reference only and shall not in any way affect the interpretation or construction of the terms and conditions.
2. APPOINTMENT
   • 2.1 The Appointment shall apply to any Registrant that requires the registration of the gTLD(s) and ccTLDs (“Services”).
3. DURATION OF APPOINTMENT
   • 3.1 The Appointment shall commence and take effect on the Commencement Date and shall remain valid until the expiry of the domain name unless otherwise renewed by the Registrant; provided always that the domain name remains under the Services.
   • 3.2 Upon issuance of the renewal notice in Clause 3.1, this Appointment shall be automatically renewed and extended without a break in continuity. The terms and conditions hereunder including the covenant for renewal set out in Clause 3.1 shall remain the same for the renewal period, unless otherwise mutually agreed to in writing by the Parties.
4. Fees
   • 4.1 In consideration of the Local Contact performing the Services contemplated herein, the Registrant agrees to pay the fees for the Services as details in the Reseller panel.
   • 4.2 In any case and for any reason that the domain name subscribed though the Local Contact is deleted or transferred before the end of the domain name registration period, the Registrant shall not be entitled to any form of refund.
5. REGISTRANT’S OBLIGATION
   • 5.1 The Registrant warrants that the registration of the domain name under the Services does not
     infringe any third party rights (such as trademark rights, rights to a name, and/ or copyrights);
     result in any illegal activities, including but not limited to spamming, phishing and trading of pirated and illegal merchandise;
     infringe any laws or regulations of any country.
   • 5.2 The Registrant shall inform the Local Contact immediately in writing by post, fax or e-mail in the event the Registrant and/ or the registration of the domain under the Services is threatened with legal action. This Agreement will endure to the benefit of, and be binding on, the parties and their respective administrators, executors or other legal representatives, successors and permitted assigns.
   • 5.3 The Registrant shall reply in detail all the Local Contacts’ inquiries with respect to the domain name registration under the Services by post, fax or e-mail within -Forty-Eight Hours (48 hours). In the event of a legal dispute, the Local Contact reserves the right to shorten the response time.
   • 5.4 The Registrant is responsible for keeping the Registrant’s contact data up-to-date with the Local Contact at all times.
   • 5.5 If the Registrant is not contactable via the contact information provided or the Registrant does not reply to a query by the Local Contact within the time limit granted, the Local Contact reserves the right to take all necessary action, in particular to suspend, delete or release the domain name.
   • 5.6 The Registrant shall promptly give the Local Contact the right to disclose the Registrant’s information to the Registrar if required by the Registrar.
6. THE LOCAL CONTACT’S OBLIGATION
   • 6.1 The Local Contact undertakes to fulfill all tasks assigned to it as a Local Contact provider to protect the Registrant’s interests. In addition, the Local Contact will comply with the instructions provided so long as it does not contravene any country’s laws or any of the Agreement.
   • 6.2 The Local Contact shall duly inform the Registrant of any questions concerning the domain name registration under the Services.
7. RESOLUTION OF DISPUTES WITH THIRD PARTIES
   • 7.1 In the event the Local Contact directly or as the Registrant’s representative, is called upon by a third party to release or delete the domain name, the Registrant shall within the time limit set in Clause 5.3 declare in writing whether the Registrant intends to defend the domain name or whether the domain name is to be released.
   • 7.2 Should the Registrant agree to release the domain name, the Local Contact will either delete the domain name or release the domain name to the third party. The Local Contact shall then inform the third party of the domain name being release and consequently the Agreement shall be terminated. A termination notice will not be required.
   • 7.3 Should the Local Contact not receive any reply from the Registrant within the time limit set in Clause 5.3 by the Local Contact, the Local Contact reserves the right to proceed with the action documented in accordance with Clause 7.2 above.
   • 7.4 Should the Registrant inform the Local Contact that on its intent to defend the domain name, the Registrant shall indemnify the Local Contact against any possible legal action and the Registrant shall be responsible to pay for all expenses and damages that the Local Contact has and/or may incur by acting as a Local Contact for the domain name of the Registrant. Should the Registrant not comply with the aforementioned obligations, the Local Contact shall be entitled to proceed with the action documented in accordance with Clause 7.2 above.
8. INDEMNITY
   • 8.1 The Local Contact agrees to indemnify and hold the Registrant and its affiliates, business partners and their respective officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind arising out of the domain registration, or the violation of the registrant of any terms of this Agreement, applicable laws or the rights of any third party.
   • 8.2 The Registrant agrees to indemnify and hold the Registrar and the Local Contact and its affiliates, business partners and their respective officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind arising out of the domain registration, or the violation of the registrant of any terms of this Agreement, applicable laws or the rights of any third party.
9. CONFIDENTIALITY
   • 9.1 The Parties shall not, at any time during or after the term of this Agreement or any extensions thereof (as the case may be), divulge or allow to be divulged to any person any Confidential Information relating to the affairs of the other Party and undertake to protect the Confidential Information of the other Party using no less than the standard of care which it treats its own Confidential Information unless such information:
     is available to the public other than as a result of a disclosure by either Party or its employees, directors or shareholders; or
     becomes available to either Party on a non-confidential basis from a source other than the other Party who is not under a known obligation of confidentiality; or
     was demonstrably known to either Party on a non-confidential basis prior to disclosure by the other Party; or
     is required by any governmental, regulatory authority, court order or law representatives who represent client that filed or preparing to file a lawsuit in which case the disclosing Party shall be given the right to comment on the proposed disclosure of Confidential Information prior to such disclosure.
   • 9.2 These obligations of confidentiality shall survive the expiration or termination of this Appointment for a term of three (3) years from the date of expiration or termination of this Appointment.
   • 9.3 Notwithstanding the foregoing provisions, the Local Contact acknowledges that the Registrant may from time to time need to disclose the terms of this Appointment to its financiers and the Local Contact hereby consents to the same.
10. TERMINATION
    • 10.1 The Registrant may terminate this Appointment at any time without assigning any reason or cause whatsoever through the online function made available by Registrar.
    • 10.2 Notwithstanding the foregoing provisions, either Party may terminate this Agreement with immediate effect by notice in writing to the other Party upon the occurrence or threatened occurrence of any one or more of the following events:
      if the other Party commits any material or continuing breach of any of the provisions of this Appointment and, in the case of such a breach which is capable of remedy, fails to remedy the same within fourteen (14) days after receipt of a written notice giving particulars of the breach and requiring it to be remedied;
      if the other Party goes into liquidation, whether compulsorily or voluntarily, (unless the liquidation is for the purposes of reconstruction or amalgamation and the company resulting from such reorganization effectively agrees to be bound by and to assume all the obligations imposed on that other Party under this Appointment);
      if the other Party makes an assignment for the benefit of its creditors or enters into a composition with its creditors;
      if the other Party ceases to carry on its business.
    • 10.3 Notwithstanding the foregoing provisions, the Local Contact shall reserve the right to delete the domain and terminate this Appointment with immediate effect by notice in writing to the Registrant upon the occurrence or threatened occurrence of any one or more of the following events:if the Registrant transfers the domain from the Local Contact to a third party or causes the domain to be deleted before the expiry of the registration term.
      if the Local Contact establishes that the domain name and/or the contents posted on the web site accessible through the domain name contravenes any applicable law or any country.
    • 10.4 The right to terminate this Appointment as outlined herein shall not prejudice any other right or remedy of either Party in respect of the breach concerned or any other breach.
11. CONSEQUENCES OF TERMINATION
    • 11.1 Upon the due determination of this Appointment, and/or in the event of termination:
      the Registrant shall promptly settle all payment and other sums due to the Local Contact under the terms of this Agreement;
      the Parties hereto shall cooperate with each other to do all things reasonably necessary to bring the arrangement under this Agreement to an effective and expedient end; and
      the Parties shall notify the Registrant of the termination, within seven (7) days of the termination.
    • 11.2 The Parties shall continue to observe and abide by their obligations as to confidentiality as set out in Clause 10 above.
    • 11.3 The determination of this Agreement for whatsoever reason shall not affect or prejudice the accrued rights and remedies of either Party.
    • 11.4 Except as otherwise expressly provided in this Appointment, neither Party shall have any further obligation to the other Party hereunder upon its due determination for whatsoever reason.
12. FORCE MAJEURE
    • 12.1 In the event of a Force Majeure event, the Party affected by the Force Majeure shall promptly notify the other Party in writing of the nature and extent of the Force Majeure in question.
    • 12.2 An event or circumstance shall not be excused as Force Majeure, if it could reasonably be circumvented through use of alternative sources, work-around plans, or other means as may be agreed between the Parties.
    • 12.3 Subject to Clause 12.2 above, neither Party shall be deemed to be in breach of this Appointment or otherwise be liable to the other for any delay in the performance or non-performance of any of its obligations herein under to the extent that the delay or non-performance is due to a Force Majeure of which it has notified the other Party. In such circumstances, the time for performance of the respective obligation shall be extended accordingly as appropriate.
    • 12.4 Notwithstanding the foregoing, should the Force Majeure prevail for a continuous period of thirty (30) days, the Registrant may terminate this Appointment by notice in writing with immediate effect whereupon the provisions of Clause 10 and Clause 11 above shall apply.
13. NATURE OF APPOINTMENT
    • 13.1 Both Parties have any power, right, or authority, to bind the other Party or to assume or to create any obligation or responsibility, express or implied, on behalf of a Party. Nothing stated in this Appointment shall be construed as constituting the Local Contact and the Registrant as partners or joint venture parties or as creating relationship of employer and employee, master and servant, or principal and agent between the Parties.
14. VOID AND UNENFORCEABLE PROVISIONS
    • 14.1 In the event that any provision of this Appointment is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner to achieve the intention of the Parties without illegality, or at the discretion of both Parties, the offending provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
    • 14.2 Notwithstanding the foregoing, in the event that any one of the Parties considers or concludes that the purpose or effect of any such declaration is to defeat the original intention of the Parties, the Party shall be entitled to terminate this Appointment by fourteen (14) days written notice to the other Party whereupon the provisions of Clause 10 and Clause 11 above shall apply accordingly.
15. AMENDMENTS
    • 15.1 All modifications, additions or amendments of the terms and conditions herein appearing shall be recorded by a formal instrument in writing duly signed by the respective duly authorized representatives of the Parties.
    • 15.2 Notwithstanding the foregoing, the Registrar may modify the Appointment from time to time in order to comply with applicable laws and terms and conditions set forth by ICANN and/or the Registry and Domain Provider(s). Any revisions or modifications to this appointment shall be effective thirty (30) days after the initial date of posting such revisions or modifications on the Registrar’s website and such amendments shall be binding upon the Registrant.
16. NOTICE1
    • 6.1 Any written legal notice to be served on the other Party under the terms of this Agreement may be delivered by the following modes and shall be deemed to have been delivered:
      if sent by hand to the last known address notified in writing , and upon acknowledgement of receipt thereof;
      if sent by prepaid recorded delivery (registered post, courier, etc.) to the last known address notified in writing , within two (2) days of dispatch;
      if sent by facsimile to the last known fax numbers notified in writing of the other Party, upon successful completion of transmission as evidenced by a transmission report generated by the transmitting equipment; or
      if sent by email to the Registrant’s contact, upon successfully sent without being bounced back and receipt of confirmation of the email being sent.
    • 16.2 The Parties hereto shall as soon as possible give notice to the other Party of any change in their respective principal places of business, and telephone or facsimile numbers.
17. MISCELLANEOUS
    • 17.1 The failure of the Registrant or the Local Contact to enforce any one or more of the terms or conditions of this Agreement at any time or for any period shall not be deemed to be a waiver of the right to subsequently enforce all or any of the terms and conditions of this Agreement.
    • 17.2 Any right or remedy to which either Party is or may become entitled to under this Agreement may be enforced from time to time separately or concurrently with any right or remedy existing under this Agreement or as hereafter provided for or arising by operation of law so that such rights and remedies are not exclusive of the others but cumulative.
    • 17.3 This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all prior arrangements between the Parties whether written or oral.
    • 17.4 This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia and Parties agreed to submit to the exclusive jurisdiction of the courts of Malaysia.

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ModernOne Data Solutions Sdn. Bhd.
No.93-2A, Jalan TSK 1,
Taman Kajang Sentral
43000 Selangor.
Malaysia