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TERMS OF USE AGREEMENT
Welcome to the SurfNet virtual library! We provide a fun, and learning online
library designed to enable parents to protect their children online. Access to
and use of our software and the services available through use of our software
are subject to the terms and conditions of this Terms of Use Agreement (the
Agreement).
Please read this Agreement carefully. By clicking on the Accept button,
completing the software download process and using our products and services,
you are agreeing, on your own behalf and on behalf of all members of your family
who use our software and services, to be bound by all of the terms and
conditions contained in this Agreement. If you do not agree to all of the terms
and conditions contained in this Agreement, please do not complete the software
download process or use our products or services.
SURFNET SOFTWARE AND SERVICES
The online virtual library application and this Web site are owned and operated
by Dynamic Direction Sdn Bhd. We offer Internet software applications (together
with any files, images incorporated in or generated by the software or data
accompanying the software, the Software) that provide Internet browser
functionality enabling access to parental controlled Web sites, chat rooms
(collectively, the Services) and other services.
We may modify, temporarily discontinue or terminate all or any portion of the
Services at any time. We will try to notify you in advance via email of the
termination of any of the Services or temporary suspension of any of the
Services for any significant period of time due to scheduled maintenance. You
agree that we will not be liable for any such modification, temporary suspension
or termination of the Services.
REGISTRATION AND ACCESS INFORMATION
By completing the registration and software download process, you certify that
you (1) are at least 18 years old, (2) are the legal guardian of the
child/children who will be accessing and using the Software and Services under
your account and (3) have given your child/children permission to access all of
the Services. You agree to provide true, accurate, current, and complete
information about yourself when prompted by any registration forms, and to
maintain and promptly update your registration information to keep it true,
accurate, current, and complete at all times. If you provide any information
that is untrue, inaccurate, not current, incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current, or
incomplete, we may suspend or terminate your account and refuse any and all
current or future use of the Software and Services.
In order to manage your child’s account and access the parental control tools
available in connection with our Services, you must use the user name and
password issued to you by us (Access Information). You may not permit anyone
(other than family members authorized by you to manage your child’s use of the
Software and Services) to use your Access Information. You are solely
responsible for maintaining the privacy and confidentiality of your Access
Information and any usage and activities that occur through use of your Access
Information, whether or not you are the individual who undertakes such usage and
activities. You agree to immediately notify us of any actual or suspected
unauthorized use of your Access Information or any other breach of security.
SUBSCRIPTION FEES
In consideration of your use of the Software and the Services, you agree to pay
our then-current, standard subscription fees. Our current fees are always listed
on our Web site. Dynamic Direction Sdn. Bhd. reserves the right to modify our
fees at any time. We will try to notify you in advance via email of any fee
increases. Any fee increases shall not be retroactive, and shall only become
effective as of the next period (quarter or year) for which you owe fees. If any
modification to our subscription fees is unacceptable to you, your only recourse
is to terminate your use of the Software and the Services and to notify us of
such termination.
SOFTWARE LICENSE AND RESTRICTIONS
Subject to the terms and conditions of this Agreement (including without
limitation your obligation to pay all applicable fees), we hereby grant to you a
non-exclusive, non-transferable license, without the right to grant sublicenses,
to download, install and use the Software solely for your own personal use. The
foregoing license shall extend to all members of your immediate family
(including your spouse, domestic partner, parents and children, but excluding
your siblings, nieces, nephews, friends, etc.), and shall include the right to
download and install a copy of the Software on personal, non-networked computers
and/or personal digital assistants solely as necessary to enable your family’s
use of the Software as permitted by this Agreement. You agree that you shall
not, and shall not permit any third party, to (1) modify, adapt, alter,
translate, or create derivative works from the Software; (2) merge the Software
with other software; (3) sublicense, distribute, sell, use for service bureau
use, lease, rent, loan, or otherwise transfer the Software to any third party;
(4) reverse engineer, decompile, disassemble, or otherwise attempt to derive the
source code for the Software; (5) remove, alter or obfuscate any copyright
notices or other proprietary rights notices included in the Software; or (6)
otherwise use or copy the Software, except as expressly permitted by this
Agreement. The Software is the exclusive property of Dynamic Direction Sdn. Bhd.,
and all rights in and to the Software not expressly granted to you in this
Agreement are expressly reserved by Dynamic Direction Sdn. Bhd.
CHAT
Chat rooms are available through our Services. However, we do not activate the
chat functionality as part of our standard product offering. Because it is
impossible to completely ensure the security of any chat room, we want to make
sure you are aware of the risks before you enable your children to view and
participate in any chat rooms. If you want to activate the chat functionality,
you can do so through our account administration tools, and you first must read
and agree to the special terms and conditions applicable to our chat rooms,
which can be found here Chat Room Terms. If you do activate the chat
functionality at any time, then the Chat Room Terms shall be considered hereby
incorporated by reference into this Agreement as of the time of such activation.
SUBMISSIONS
If you submit any information or materials through use of our Software, Services
or any Web site owned or operated by us, which such information may include,
without limitation, postings to chat rooms, bulletin boards, e-mail, contests,
creative suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the “Submissions”), you hereby grant us a perpetual,
royalty-free, irrevocable, transferable, right and license, with the right to
sublicense, to use, reproduce, modify, adapt, publish, translate, create
derivative works from and publicly distribute and display the Submissions in any
form, medium, or technology now know or later developed throughout the world.
None of the Submissions shall be subject to any obligation of confidence on the
part of Dynamic Direction Sdn. Bhd., and Dynamic Direction Sdn. Bhd. shall not
be liable for any use or disclosure of any Submissions. All Submissions shall be
subject to the above license without compensation to any party. You hereby waive
all moral rights in or to any Submissions.
CONTENT
All materials appearing on the Services and our Web Sites, including but not
limited to text, graphics, names, logos, service marks and trademarks, and
information contained on any linked sites (collectively, the “Content”), are the
property of Dynamic Direction Sdn. Bhd. or the party credited as the provider of
the Content, and are protected by Malaysia and international copyright,
trademark and other intellectual property laws. You may access, download and
print Content solely for your own personal and noncommercial use, provided,
however that any print-outs of any Content must include all copyright and other
proprietary notices. No right, title or interest in or to any of the Content is
transferred to you. You may not copy, publish, distribute, sell, display,
transmit, adapt, modify, create derivative works of or in any way exploit any
Content without our prior permission. We do not control the Content posted or
otherwise transmitted via the Services and, therefore, do not guarantee the
accuracy, integrity, quality or appropriateness of such Content. Under no
circumstances will we be liable in any way for any Content or links to other Web
sites from such content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Services.
USER CONDUCT
You agree not to use our Software, Services or Web sites to:
- Upload, post, email or otherwise transmit any Submissions that: (1) are
harmful, threatening, abusive, harassing, false, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable or otherwise violates any applicable
law; (2) are harmful to minors in any way; (3) infringe any patent, trademark,
trade secret, copyright or other proprietary rights of any party; or (4) you
do not have a right to transmit under any law or under contractual or
fiduciary relationships;
- Impersonate any person or entity, including, but not limited to, any
Dynamic Direction Sdn. Bhd. forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content or Submissions transmitted through our Software,
Services or Web sites;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation, including without
limitation any solicitation of other Dynamic Direction Sdn. Bhd. community
guests to join or become members of any commercial online service or other
organization;
- Upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
- Interfere with or disrupt any Services or our Web sites;
- Violate any applicable local, state, national or international law;
- “Stalk” or otherwise harass another; or
- Collect or store personal data about other users.
LINKS
We do provide, or third parties may provide, links or access to other Web sites.
Because we have no control over any third party sites, you acknowledge and agree
that we are not responsible for the availability of such sites, and do not
endorse and are not responsible or liable for any content, advertising,
products, services or other materials appearing on or available from such sites.
We are not a party to, and do not monitor, any transaction between users and
third party providers of products or services. You acknowledge and agree that we
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, advertising, products, services or other materials
appearing on or available from such sites.
MODIFICATIONS
We reserve the right to modify this Agreement at any time. We recommend that you
check this Web page periodically for changes to the Agreement. Any changes to
this Agreement shall be effective immediately upon posting. By using the
Software or the Services after we post any changes to this Agreement, you agree
to be bound by those changes, whether or not you have reviewed them. If any
change to this Agreement is unacceptable to you, your only recourse is to
terminate your use of the Software and the Services.
DISCLAIMERS
Providing a fun, safe and secure Internet experience for your children is our
top priority. Dynamic Direction Sdn. Bhd. enables you and your children to
access only those certain Web sites included on our “Include List” in our
browser suite. We, in our subjective determination, believe that these selected
Web sites comport with our corporate ethical and moral standards by offering
safe, interesting, educational, fun, and appropriate content and online
activities for kids. We also use language filters to attempt to block or filter
the posting, emailing, transmission and use of certain words in or through our
Services that we, in our subjective opinion, have determined may be offensive,
objectionable or otherwise inappropriate for children. Please be aware that our
language filters merely filter and block textual posts, emails and other
transmissions, and cannot and do not block images, music, sound files,
photographs, graphics, videos or any other such content. You acknowledge and
agree that any such screening, selection, filtering or blocking of Web sites,
posts, emails and other content is necessarily a subjective determination, is
imperfect and will not and cannot guarantee that all Web sites, posts, emails
and other content available through our Software and Services will be
inoffensive, unobjectionable or appropriate. Certain Web sites and certain
postings, emails or other materials transmitted through our Software and
Services may be unavailable to you, even though you may not deem the contents of
those sites or postings, emails or other content to be offensive, objectionable
or otherwise inappropriate. Conversely, we cannot and do not guarantee that you
will approve of and not consider the following to be offensive, objectionable or
otherwise inappropriate for your children: (1) the Web sites included on our
Include List, (2) the posts, emails and other content that is not filtered or
blocked by our language filters, (3) our screening standards for the Include
List Web sites, or (4) our filtering and blocking standards for our language
filters.
Our goal is to help empower you to manage and control your child’s Internet
experiences by permitting you to administer and edit your child’s account. You
acknowledge and agree that Dynamic Direction Sdn. Bhd. and its affiliates will
not be responsible or liable in any way for any damage or loss caused or alleged
to be caused by or in connection with any Web sites you may add to the “Include
List”, any words you may add to our language filters or any other additions,
edits or modifications you may make to the administrative features of your
account. We strongly encourage you to carefully prescreen any Web sites that
your children may access through the Software and to supervise and talk to your
children about their use of the Software, the Services and the Internet
generally.
THE SOFTWARE, SERVICES AND OUR WEB SITES (INCLUDING WITHOUT LIMITATION ANY
CONTENT AVAILABLE THROUGH OUR WEB SITES) ARE PROVIDED TO YOU ON AN “AS IS” AND
“AS AVAILABLE” BASIS, AND ARE FOR YOUR PERSONAL USE ONLY. DYNAMIC DIRECTION SDN.
BHD. ON BEHALF OF ITSELF, ITS AFFILIATES AND LICENSORS, HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
IN NO EVENT WILL DYNAMIC DIRECTION SDN. BHD. BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT
LIMITATION ANY LOST DATA, LOST PROFITS AND COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED
AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF DYNAMIC
DIRECTION SDN. BHD. OR SUCH OTHER ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF DYNAMIC DIRECTION SDN. BHD. IN
CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, THE SERVICES AND THE WEB SITES,
WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF
SUBSCRIPTION FEES PAID BY YOU TO DYNAMIC DIRECTION SDN. BHD.. IN ADDITION,
DYNAMIC DIRECTION SDN. BHD. DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS
AFFILIATES, LICENSORS AND CONTENT OR SERVICE PROVIDERS.
EXCLUSIONS AND LIMITATIONS
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY
CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE
FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES
REGARDING YOUR USE OF DYNAMIC DIRECTION SDN. BHD. PRODUCTS/SERVICES.
TERMINATION
You agree that we may immediately terminate this Agreement, your Access
Information, account and use of the Software and Services if you breach any of
the terms or conditions contained in this Agreement or the Chat Room Terms,
including without limitation your obligations to pay Dynamic Direction Sdn. Bhd.
all fees when due. Upon any such termination for any reason, (1) you must
promptly pay us any amounts owed as of the date of such termination, (2) all
licensed rights granted in this Agreement will immediately terminate, (3) you
must immediately discontinue all use of the Software, the Services and our Web
sites, and (4) you must promptly uninstall and erase all copies of the Software
from your family’s computers and personal digital assistants, and destroy any
copies of the Software on tangible media in your possession or control. You
agree that Dynamic Direction Sdn. Bhd. shall not be liable to you or any third
party for any termination of your use of the Software or Services.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Dynamic Direction Sdn. Bhd. may establish general practices
and limits concerning use of the Services, including without limitation the
maximum number of days that email messages, chat postings or other uploaded
Content will be retained by the Services, the maximum number of email messages
that may be sent from or received by an account on the Services, the maximum
size of any email message that may be sent from or received by an account on the
Services, the maximum disk space that will be allotted on Dynamic Direction Sdn.
Bhd.’ servers on your behalf, and the maximum duration for which you may access
the Services in a given period of time. You agree that we have no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Services. You
further acknowledge that we reserve the right to change these general practices
and limits at any time, in our sole discretion, with or without notice.
COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and require that the
people who use our Software, Services and Web sites do the same. If you believe
that your work has been copied or otherwise used in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please click on the following link to find out how to contact us with
your concerns: Copyright Notice.
PRIVACY POLICY
We are committed to protecting your privacy and security and have explained the
steps we take to do so in our Privacy Policy. For more information, please click
here to read our Privacy Policy.
INDEMNITY
You agree to defend, indemnify and hold harmless Dynamic Direction Sdn. Bhd.,
its affiliates and their respective representatives, officers, directors, and
employees from all liabilities, claims, costs, and expenses, including attorneys
fees, arising out of any claim or demand made by any third party that arises out
of or relates to your use of the Software, Services or our Web sites; your
posting, downloading or transmission of any Submissions, communications or
material on or through our Software, Services or our Web Sites; or from your
violation of this Agreement, the rights of another or any applicable law or
regulation.
FORCE MAJEURE
You agree that Dynamic Direction Sdn. Bhd. shall not be liable by reason of any
failure or delay in the performance of its obligations hereunder on account of
strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts
of God, war, governmental action, labor conditions, earthquakes, material
shortages or any other cause which is beyond its reasonable control.
CHAT ROOM TERMS
Chat rooms can be a fun way to connect with others online, and so we do make
chat available through our Services. However, it is important that you read and
understand the following disclaimer prior using our chat functionality. It is
impossible to completely ensure the security of chat rooms. We try to be alert
to any fraudulent or suspicious information contained in any new member
registration, but we cannot guarantee that all members are using our Services
appropriately or for the purposes for which they were intended. While we strive
to provide a safe and fun online experience for kids, we do not actively monitor
the chat rooms (for administrative, legal and other reasons) and cannot
guarantee that all contributions to the chat rooms will be appropriate or
acceptable to you or your children.
We recommend that you talk to your children about responsible use of the chat
rooms, and urge them to tell you immediately about any suspicious activities
they become aware of. We also strongly encourage you to contact us immediately
if you become aware of any chat room activity that seems offensive, abusive,
defamatory, obscene, illegal or otherwise inappropriate or suspicious, so that
we may investigate that activity and take all appropriate actions.
By using our chat functionality, you certify that you have read these terms
applicable to our chat rooms, understand the risks and have given your
child/children permission to access and participate in the chat rooms.
COPYRIGHT NOTICE
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that
you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the Web site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
Dynamic Direction Sdn. Bhd's designated agent to receive notification of
claimed infringement, can be reached as follows:
Dynamic Direction Sdn. Bhd.
1-4C & 1-4D Incubator 1,
Technology Park Malaysia,
Bukit Jalil, 57000 Kuala Lumpur,
Malaysia.
or e-mail at support@Surfnet2.com.
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