IMPORTANT READ CAREFULLY:

This Web Design & Hosting Agreement is a legal agreement between you (either an individual or a single entity) and Asia Pacific Net (M) Sdn Bhd (The Company). YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY APPOINTING/ENGAGING ASIA PACIFIC NET (M) SDN BHD FOR THE DESIGN AND/OR HOSTING OF YOUR WEBSITE AS HEREIN STATED.

1. PAYMENT AND CHARGES: You shall pay all charges invoiced under this Agreement in accordance with the invoice terms. If you fail to pay any charges invoiced in accordance with this Agreement, the Company shall have the right to terminate this Agreement upon giving you SEVEN (7) days written notice to pay all outstanding charges, failing which, legal proceedings shall be instituted against you without any further reference to yourself and all costs and expenses incurred thereby shall be borne by yourself. All charges herein stated may change without any further reference or notice to yourself. All and any payment of deposit paid will be rightly forfeited upon termination of this Agreement by any party for whatsoever reason and thereafter, the company shall not entertain any request for refund.
   
   
2. COMPLETION AND DELIVERY: The company shall not be responsible for any loss of business or profit or for any other consequential losses howsoever arising including delay in or failure to set up the website or domain name (including DNS setup and NIC proceeses) or provide maintenance under any circumstances whatsoever. Upon completion and activation of the website, the company shall not be responsible for any mistake, misrepresentation or errors whatsoever and howsoever arising on the webiste. However, the company will endeavor to rectify any mistakes or errors on website upon being informed by yourself. All domain names and emails requested by yourself are subject to availability and there are no assurance that the required domain names and emails will be registered in your favor. The domain name shall be transferable, subject to contract validity.
   
   
3. CONTENTS/LINKS ON THE WEBSITE: You shall be solely responsible for the contents/links on the website notwithstanding that the company will be hosting the website on your behalf. You shall be further responsible for additional charges imposed for any updates of rectification on the website and any other additional job not stated in the Agreement.
   
   
4. RESTRICTIONS: (1) Spamming is strictly prohibited. (2) Excessive usage of bandwidth is not allowed. (3) Abusive and pornographic material, political issues and matteers, offensive information and threatening languages are not allowed. You shall be solely resposible for any emails spamming using the company mail server.
   
   
5. OPERATION AND COMMUNICATION: The company shall only accept instructions and communicate via written notice, letter, faxes and/or emails with the "Designated Persons" unless informed otherwise by yourself, in relation to the operation and performance of this Agreement.
   
   
6. FORCE MAJEURE: The company shall not be in breach of this Agreement if there is any total or partial failure of performance of its duties and obligations under this Agreement occasioned by act of God, fire, act of government or state, war, civil commotion, computer hacking or intrusion, power interruption or failure and any other reason beyond the control of the company.
   
   
7. INDEMNITY: You shall indemnify and keep the company indemnified against all and any claims, costs, suits, proceedings, losses, injuries, fines, damages, penalties or demands whatsoever which may be brought, suffered or levied against the company arising from the performance of this Agreement.
   
   
8. TERMINATION: Without prejudice to any other rights, the company may cancel this Agreement if you do not abide by the terms and conditions of this Agreement, in which case you shall be liable to pay the company all and any charges owing and accruing at the time of termination. Notwiehstanding any provisions in this Agreement, the company reserves the absolute right to terminate/suspend the performance of this Agreement without giving any reason whatsoever and, alland any payment or deposit paid byou will be forfeited.
   
   
9. DISCLAIMER OF WARRANTIES: To the maximum extent permitted by applicable law, THE COMPANY provide TO YOU the design of the website and hosting of website services, and other related support services ("the Services") AS IS AND WITH ALL FAULTS; and THE COMPANY hereby disclaim with respect to THE SERVICEST all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, DUTIES or conditions of OR RELATED TO the merchantability, fitness for a particular purpose, lact of viruses, accuracy or completeness of responses, results, WORKMANLIKE EFFORT and lack of negligence, also there is no warranty, duty or condition of title, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement. The entire risk arising out of use or performance of the SERVICES remains with you.
   
   
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: To the maximum extent permited by applicable lw, in no event shall THE COMPANY be liable for any special, incidental, indirect, or consequential damages whatsoeve (including, but not limited, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including, of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Services, the provision of or failure to provide the Services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault,tort (including negligence), strict liability, breach of contract or breach of warranty of THE COMPANY, and even if THE COMPANY has been advised of the possibility of such damages.
    
    
11. LIMITATION OF LIABILITY AND REMEDIES: Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages refernced above and all direct or general damages), the entire liability of THE COMPANY under any provision of this agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to the greater of the amount actually paid by you for the services of RM50.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
    
    
12. APPLICABLE LAW: This agreement shall be governed by, and shall be construed in accordance with the laws of Malaysia.
    
    
13. ENTIRE AGREEMENT: This Agreement (including any addendum or amendment to this Agreement which is included with the Services) are the entire agreement between you and the company relating to the Services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this Agreement. This agreement is valid for 12 months from the contract date.
    
    
14. INTELLECTUAL PROPERTY RIGHTS: The company owns the title, copyright, and other intellectual property rights in relation to the design of the website particularly, the source code and files. The website is designed and not sold or transferred.
    
    
15. SERVICES: The appropriate disk space as explained by the appropriate hosting / web design package is included with each Hosting Account. Additional disk space is available with additional charges.
    
    Web sites are to be used by the primary owner only. Customer is not permitted to resell, store, or give away web hosting services off of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.