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b. CUS agree not to engage in any activity that can overwhelm PRO hosting with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
c. if CUS exceed the bandwidth limit for the service subscribed to, CUS must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in termination of CUS account, without any compensation to CUS; and d. CUS may not use any images, marks, or other content on CUS Web site that is owned by any PRO partner, without explicit licence or consent from that partner. 5. User liability - CUS are liable for all content on SITE, including the legality and preservation (i.e. making back-ups) of same. 6. Amendments - CUS agree to abide by any amendments made to this Agreement, from time to time, as posted at www.multisynergy.com. 7. E-mail - e-mail service is subject to the following restrictions: a. CUS agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by PRO, in its sole discretion, to be offensive, disruptive, obscene or inappropriate; b. CUS will not exceed the allowable storage capacity of the e-mail account. If CUS exceed the allowable storage capacity, CUS must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage; c. CUS will not send spam mail (i.e. unsolicited e-mail); d. CUS will at all times be liable for the safeguarding of password and account information; and e. if CUS breach any term of this Agreement, PRO reserves the right to delete CUS mailbox without any compensation . 8. User obligation - CUS will at all times keep PRO apprised of current contact information. 9. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against CUS in respect of SITE, and upon receipt by PRO of a Court-issued copy of such proceeding, CUS SITE will be temporarily deactivated. The deactivation period will last until CUS have filed an appropriate Defence in respect of such proceeding, and provided PRO with a Court-issued copy of same. If CUS fail to defend any such proceeding, CUS SITE will remain deactivated, without any compensation . 10. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied. 11. Limitation of Liability - PRO is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the PRO hosting, or losses or damages arising from the use of the content or services provided by PRO or third parties in connection with PRO. PRO is not responsible for any financial losses by CUS in association with SITE. 13. Indemnity - CUS agree to indemnify and hold PRO harmless from and against, and to reimburse PRO with respect to, any and all losses of every nature whatsoever incurred by PRO arising out of (i) any breach of this Agreement by CUS; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE. 14. Termination - both CUS and PRO have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. PRO may terminate this Agreement at any time without notice or compensation to CUS if CUS violate any term of this Agreement, engage in illegal conduct, post illegal material or engage in any conduct PRO deems in its sole discretion to be disruptive or harmful. 15. Renewal - PRO will invoice CUS renewal fees before expiry date. Renewal fees must be received by PRO within 14 (fifteen) days of invoice date, failing which SITE and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 30 (thirty) days of invoice date, all SITE and e-mail content will be deleted and removed from PRO hosting without any compensation or notice to CUS. PRO reserves the right to not renew any service plan. 16. General - the following terms apply: a. this Agreement is governed by and construed in accordance with the applicable laws of the Republic of Singapore and is treated in all respects as an Singapore-based contract; b. the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract; c. any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement; d. any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement; e. this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument; f. PRO maintains the right to refuse service if it considers it would be disruptive to its business to provide such service; g. any failure by PRO in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and h. all remedies available to PRO under this Agreement survive termination of this Agreement without limitation |
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