Terms of Service Agreement (TOSA)

If you accept this Agreement without reading it in its entirety, you are still bound by this Agreement in its entirety.

The following is the entire service agreement between Malaysia-Newsletter.com
and the personal or corporate account holder ( You / Your ).

1. Service - Malaysia-Newsletter.com will provide you with storage space on a Malaysia-Newsletter.com server for managing your mailing list database according to a selected plan at the site Malaysia-Newsletter.com, in exchange for you paying the prescribed fee. If you subscribe to the Malaysia-Newsletter.com service, you also agree to be bound by the additional Malaysia-Newsletter.com Business Plan terms of service.
   
   
2. Privacy Policy - Malaysia-Newsletter.com will not sell your personal or financial information to any third parties. Malaysia-Newsletter.com will not give YOUR personal or financial information to any law enforcement authorities or legal agents without a proper court order, subpoena or warrant.
   
   
3. Limitations:
   1. any content on your Web site/database that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Malaysia-Newsletter.com, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to you;
   2. you agree not to engage in any activity that can overwhelm Malaysia-Newsletter.com servers 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
   3. you may not use any images, marks, or other content on YOUR Web site that is owned by any Malaysia-Newsletter.com partner, without explicit licence or consent from that partner.
      
      
4. User liability - You are liable for all content on your site, including the legality and preservation (i.e. making back-ups) of same.
   
   
5. Amendments - You agree to abide by any amendments made to this Agreement, from time to time, as posted at Malaysia-Newsletter.com.
   
   
6. User obligation - you will at all times keepMalaysia-Newsletter.com apprised of your current contact and billing information.
   
   
7. Account suspension / termination - if litigation or a similar adjudicative proceeding is commenced against you in respect of your site, and upon receipt by Malaysia-Newsletter.com of a Court-issued copy of such proceeding, your account will be temporarily deactivated. The deactivation period will last until you have filed an appropriate Defence in respect of such proceeding, and provided Malaysia-Newsletter.com with a Court-issued copy of same. If you fail to defend any such proceeding, your account will remain deactivated, without any compensation to you.
   
   
8. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.
   
   
9. Limitation of Liability - Malaysia-Newsletter.com is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Malaysia-Newsletter.com server, or losses or damages arising from the use of the content or services provided by Malaysia-Newsletter.com or third parties in connection with Malaysia-Newsletter.com. Malaysia-Newsletter.com is not responsible for any financial losses by you in association with your account.
   
   
10. Indemnity - You agree to indemnify and hold Malaysia-Newsletter.com harmless from and against, and to reimburse Malaysia-Newsletter.com with respect to, any and all losses of every nature whatsoever incurred by Malaysia-Newsletter.com arising out of (i) any breach of this Agreement by you; (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.
    
    
11. Termination - both you and Malaysia-Newsletter.com have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. Malaysia-Newsletter.com may terminate this Agreement at any time without notice or compensation to you if you violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm Malaysia-Newsletter.com servers or central processing units (CPUs), or engage in any conduct Malaysia-Newsletter.com deems in its sole discretion to be disruptive or harmful.
    
    
12. Assignability - this Agreement is assignable to a third party by Malaysia-Newsletter.com upon notice to you. Such notice will be published on the Web site of Malaysia-Newsletter.com.
    
    
13. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise Malaysia-Newsletter.com otherwise prior to said expiration. Renewal fees must be received by Malaysia-Newsletter.com within 15 (fifteen) days of said expiration, failing which your account and database will be placed on accounting hold. If the renewal fees are not received within 30 (thirty) days of expiration, all database will be deleted and removed from Malaysia-Newsletter.com server without any compensation or notice to you. Malaysia-Newsletter.com reserves the right to not automatically renew any service plan.
    
    
14. General - the following terms apply:
    
    1. this Agreement is governed by and construed in accordance with the applicable laws of Malaysia and is treated in all respects as an Malaysia-based contract;
    2. the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
    3. any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
    4. this Agreement, together with the policies prescribed at Malaysia-Newsletter.com constitutes the entire Agreement between you and Malaysia-Newsletter.com;
    5. 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;
    6. 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;
    7. Malaysia-Newsletter.com maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
    8. any failure by Malaysia-Newsletter.com 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
    9. all remedies available to Malaysia-Newsletter.com under this Agreement survive termination of this Agreement without limitation.