Terms and Conditions of Service
The Terms and Conditions mentioned hereunder (hereinafter referred to as “this Agreement”) shall govern each and every MYNIC’s Customers.
The Terms and Conditions mentioned in this Agreement shall take effect and shall bind any person, entity, party or agents to a party who has agreed to conduct or enter into any business relationship with MYNIC by purchasing or using any of MYNIC’s, its affiliates or its licensor’s products or services.
The Customer shall also adhere to and be bound by any separate terms and conditions of MYNIC’s affiliates, business partners and/or official licensors attached with the Terms and Conditions mentioned in this Agreement or displayed in MYNIC’s website.
Each Customer has been fully made aware of the Terms and Conditions mentioned hereunder and have read and understood its content and unequivocally agree to be bound by them.
The Terms and Conditions refer:
1. Definitions and Interpretations
“Business Hours” refers to the period of time commencing from 9 a.m. to 6 p.m. from Monday to Friday excluding any Malaysian Public Holidays or any Holiday declared by the government of Malaysia.
“Disk Space” refers to all customer contents and generated contents from their website which includes but not limited to Web Pages, Files, Images, Videos, Logs, backup, Emails, Databases, SQL data, Mailing List data and data in the Customer’s directories for virtual accounts.
“MYNIC’s Website” refers to the Site located at the URL https://www.mynic.my or any other websites derived from or in correlation to MYNIC’s URL.
“The Customer” refers to any person, entity, party or agents to a party who has agreed to conduct or enter into any business relationship with MYNIC by purchasing or using any of MYNIC’s, its affiliates or its licensor’s products or services.
“Services” refers to the worldwide web services or products made available by MYNIC or its affiliates to its Customers.
2.1 The Terms of this Agreement shall commence from the Effective date and will remain in effect and enforceable until this Agreement has been terminated by the Customer or by MYNIC in accordance with the termination clause of the Agreement.
2.2 Term. Unless sooner terminated pursuant to any other terms mentioned herein or any other Supplemental Agreement, The Terms and Conditions shall be for an initial term of One (1) year.
2.3 Special Promotion Terms. In the event the Customer has subscribed to the Services through any special campaigns or promotions, the terms and conditions mentioned in any such campaigns or promotion shall prevail and shall supersede the terms and conditions of this Agreement, unless expressly provided otherwise.
3. Fees and Payment
3.1 Upon the acceptance of any purchase orders by MYNIC, the customer shall pay MYNIC the total fees for the service which shall be at the rate prescribed on MYNIC’s website from time to time and payable in advance or at any material time in accordance to MYNIC’s policy or payment requirements of such products.
3.2 Prompt Payment. Any demands for payment by MYNIC for charges, fees, or amounts in connection with the Services shall be promptly paid by the Customer. In avoidance of doubts, the Customer hereby agree that any prompt payment of such charges, fees, or amounts continue to be applicable in the event of interruption or loss of Services from any cause whatsoever.
3.3 Prepayment. MYNIC may accept prepayment for services to be provided under this Agreement but such acceptance of payment shall not modify or extend the terms of this Agreement.
3.4 Yearly Service Fees. The payment fees for any services subscribed by the Customer from MYNIC shall be paid from the date of the initial order of any such services and such date shall serve as the yearly anniversary date (hereinafter referred to as “Anniversary Billing Date”). Payment fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
3.5 Non-Refundable Fees. Any payment made by the customer to MYNIC is not refundable.
4.1 MYNIC shall not be responsible for any taxes, duties (including stamp duty fees), fees or any other charges imposed by the government in relation to this Agreement.
4.2 All government charges and/or fees imposed by the government mentioned in clause 4.1, shall be at borne by the Customer.
4.3 Indemnity. The Customer shall pay and indemnify MYNIC for any liability caused from any taxes associated with or arising from the use of any of MYNIC’s services, including any penalties, interest and/or cost associated with the collection or withholding thereof.
5. Use of the Service Offerings
5.1 The Customer may access and use the Services in accordance with this Agreement. Service Level Agreements (“SLA”) may apply to certain Services. The Customer shall adhere to all laws, rules and regulations applicable to the use of the Services, including any acceptable use policy and other policies as published on MYNIC’s website.
5.2 Customer’s Account. To access the Services, the Customer must create and register a MYNIC account associated with a valid email address. Once registered, the name or personnel registered by the Customer shall be the Primary Contact person for the Account registered. Unless explicitly permitted by the Terms of Service, the Customer shall only create one account per email. The Customer shall be responsible for all activities that occur under his/her account, regardless of whether the activities were undertaken by the Customer, the Customer’s employees or any third party (including contractors or agents).
5.3 Unauthorized Access. MYNIC and any of its affiliates shall not be responsible for any unauthorized access to the Customer’s account. The Customer shall contact MYNIC immediately in the event it is discovered that the account has been compromised or in the event the Customer has lost his/her account or has his/her account information stolen.
5.4 Latest Contact Information. In the event the Customer’s email address is no longer in use or no longer valid, the Customer shall update his/her contact information by filling up MYNIC’s Billing Account Primary Contact Email Change Form. MYNIC shall rely solely on the information provided by the Customer through its Billing Account Primary Contact for any contact information.
5.5 Third Party Contents. Any use of third party contents shall be at the sole risk of the Customer. MYNIC shall not be held responsible for any use thereof such as software applications or for any liability incurred by the Customer such as infringement of intellectual property or proprietary rights.
6.1 To the Services. MYNIC has the absolute right to alter or discontinue any of its services (including the service as a whole) or change or remove certain features or functionality of the Services from time to time.
6.2 To the Service Level Agreements. MYNIC has the absolute right to alter or discontinue its service level agreement from time to time.
7. Provision of Services
7.1 MYNIC shall provide its Services upon the request of the Customer and subject to the acceptance by MYNIC of any such requests.
7.2 Software Maintenance. Unless otherwise indicated in this Agreement, the Services shall not include the provision or maintenance of any computer equipment or software required by the Customer to connect to MYNIC’s Internet Servers.
7.3 None Guarantee of Service. MYNIC does not guarantee or warrant the availability or the continuous, uninterrupted or secured access of the Internet.
7.4 None Guarantee of Backup. MYNIC does not guarantee or warrant that the data stored in MYNIC’s Internet Server will be backed up. The Customer shall be solely responsible for keeping an independent backup of all data stored in the space allocated to them.
7.5 Right to Suspend. MYNIC reserves the absolute right to suspend the Services or any part of them for operational reasons or in any emergency. The Customer shall not be compensated or make any claims from MYNIC.
8. Technical Support
8.1 MYNIC, either directly or through its assignee or licensee, may provide technical support relating to its Services. MYNIC may refuse any or all request for technical support with or without reason, at its sole discretion. Any technical support that MYNIC may subsequently agree to provide to the Customer once commenced, shall be terminated by MYNIC at any time at its sole discretion, without prior notice and without any liability towards MYNIC whatsoever.
8.2 Third Party Software Support. MYNIC does not provide technical support for any third party software support. Any third party software is offered on a “as is” basis. The provision and offering of third party software by MYNIC does not constitute an endorsement of the third party software, nor can MYNIC make any representations or warranties regarding the use and functionality of such software.
9. Security of Data
9.1 The Customer acknowledges that MYNIC shall not be liable for the security of their data on any of the Customer’s equipment or passing over the Services. MYNIC shall have no obligations to ensure and make no representations or warranties concerning the security of such data. The Customer hereby indemnifies MYNIC from any loss or compromise of such data.
9.2 Unauthorized Access. The Customer hereby indemnifies MYNIC and acknowledge that MYNIC shall not be liable for any unauthorized access to his/her data, even when the access occurs as a result of a fault in equipment or software owned, operated or supplied by MYNIC.
9.3 Other Security. The Customer is responsible for the proper configuration and usage of the Services and to take the necessary steps to maintain appropriate security and protection of his/her content, which may include the use of encryption technology to protect such contents from any unauthorized access and to make routine archiving of such content.
10. Disk Space
10.1 Shared Hosting and Software As a Services Account. The Customer may only occupy the amount of disk space on MYNIC’s server that is allotted by MYNIC according to the packages subscribed by the Customer. MYNIC has the right to charge additional fees from the Customer for any usage exceeding the disk space allotted. MYNIC is not responsible for any measurements provided by individual control panel software, which are Third Party Softwares not controlled by MYNIC, which may or may not include all of the Customer’s data in their measurements.
11. Backup File and Processing
11.1 MYNIC does not guarantee the existence, accuracy or regularity of its backup services. The Customer is responsible for making back up files in connection with its use of the Services. The accuracy and quality of backup processes provided by third party softwares, such as the individual third party control panels, shall not be guaranteed by MYNIC.
11.2 Large Disk Usage Account. MYNIC reserves the right to remove shared hosting accounts that exceeds from subscribed packages.
11.3 Other Backup. The Customer is responsible for properly configuring and using the Services and taking the necessary steps to maintain the appropriate backup of its content.
12. Domain Name
12.1 Domain Registration. In the event the Customer choose to register a domain name(s) with MYNIC, the Customer hereby acknowledge and agree:
- To pay a registration fee(s) to register the domain name; and
- That MYNIC does not offer refund(s) for domain name registration(s) for any reason, including misspelling of the domain name.
12.2 Domain Terms. By registering a domain name(s) with MYNIC, the Customer acknowledge and agree to MYNIC’s Agreement for Registration of Domain Name which is available at MYNIC’s website.
13. Customer’s Responsibilities
13.1 Customer’s Content. The Customer is solely responsible for the development, content, operation, maintenance and use of their website and it Content. For example, the customer is solely responsible for:
- The technical operation of the Customer’s content, including ensuring that all calls the Customer make to any Services are compatible with then-current API’s for that particular service;
- Compliance of the Customer’s content with the Acceptable Use Policy, the other Policies and the law;
- Claims relating to the Customer’s Content; and
- Properly handling and processing notices sent to the Customer (or any of its affiliates) by any person claiming that the Customer’s content violates such person’s rights, including notices pursuant to the Communication and Multimedia Act.
13.2 End User Violations. The Customer shall be responsible and liable for any breach by any End Users it has appointed. The Customer shall at all times ensure that all End Users comply with the obligations under this Agreement and the terms of the Customer’s agreement entered with each End User is in consistency with this Agreement. If in any event the Customer becomes aware of any violation or such breach, the Customer shall immediately terminate such End User’s access to the Content and the Service Offerings.
13.3 End User Support. The Customer shall be responsible in providing services to its End Users. MYNIC does not provide any support or services to End Users unless it has been agreed through a separate agreement between MYNIC and the Customer or any of its End Users.
13.4 Computer Equipment. The Customer shall at its own expense install and maintain the necessary computer equipment and software to enable connection to MYNIC’s Internet Server other than any equipment and/or software supplied by MYNIC under this Agreement.
13.5 Harmful Content. The Customer agree that he/she/or any third parties will not distribute, electronically transmit or display any materials to any of MYNIC’s server in connection with the Customer’s use of the Services which may:
- Violate any laws or regulations;
- Infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of MYNIC or any third party;
- Be defamatory, slanderous or trade libelous;
- Be discriminatory based on gender, race, age or promotes hate which violate any MYNIC policy posted on MYNIC’s website including but not limited to those listed in MYNIC’s Acceptable Use Policy (AUP).
- Be threatening or harassing;
- Contain viruses or other computer programming defects which result in damage to MYNIC or any third parties.
13.6 Illegal Activity
13.7 The Customer hereby agree that he/she will not use the Services:
- To send unsolicited, unwelcome or bulk electronic mail messages to anyone or otherwise cause excessive or disproportionate load on the Services;
- For any unlawful purposes such as, but not limited to, vices, gambling, prostitution, pornography or any other criminal activity or purpose for sending or receiving from any person or displaying any messages or posting which is offensive on moral, religious, communal or political grounds or is abusive or of an indecent, obscene or menacing character.
- For any purposes which is against public interest, public order or national harmony;
- To publish defamatory, infringing, obscene or other unlawful materials;
- In connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of publicity or privacy;
- To interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorization by the owner of the said service, equipment or computer network;
- To resell the Services or otherwise provide the Services to anyone unless permitted by MYNIC;
- In violation of any laws relating to unfair competition, anti-discrimination or false advertising; or
- That result in distribution of viruses, Trojan horses, worms, time bombs, bots or other similar harmful or deleterious programming routines.
13.8 Licensed Third Party Software. The Customer agree to use only properly licensed third party software in connection with the use of the Services.
13.9 Reporting a service Failure. The Customer shall, prior to reporting a Service Failure or problem, carry out all necessary steps to determine the cause of the Service Failure or problem.
14. Temporary Suspension
14.1 MYNIC may suspend the Customer’s or any End User’s right to access or use any portion or all of the Services immediately to the Customer in the event if it is discovered that:
- The Customer or an End User’s use of the Services (i) poses a security risk to the Services or any third party, (ii) may adversely impact the Services or the systems or Content of any other MYNIC’s Customer; or (iii) may subject MYNIC, its affiliates or any third party to liability.
- The Customer or its end User is in breach of this Agreement.
- The Customer is delinquent on Service Payment or any of its obligations under this Agreement for more than Three (3) days; or
- The Customer has cease to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets or become the subject of any bankruptcy, winding up, reorganization, liquidation, dissolution or any similar proceedings.
14.2 Effect of Suspension. In the event MYNIC suspends the Customer’s right to access or use any part of the Services;
- The Customer remain responsible for all fees and charges payable during the suspended period;
- the Customer remain responsible for any applicable fees and charges for any Services to which the Customer continue to have access, as well as applicable data storage fees charges and any fees or charges for in-process tasks completed after the date of suspension;
- The Customer shall not be entitled to any service credits under the Service Level Agreements for any period of suspension; and
- MYNIC shall not erase any of the Customer’s content as a result of a suspension except as specified elsewhere in this Agreement;
- Any such suspension shall not be a breach by MYNIC of this Agreement.
15.1 Termination. MYNIC may terminate this Agreement immediately upon Thirty (30) days’ notice to the Customer:
- If MYNIC’s relationship with a third party partner who provides a software or other technology MYNIC uses to provide the Services expires, terminates or requires MYNIC to change the way MYNIC provide the software or other technology as part of the Services;
- If MYNIC believes providing the Services could create a substantial economic or technical burden or material security risk for MYNIC;
- In order to comply with the law or requests of governmental entities; or
- If MYNIC determine use of the Services by the Customer or any End Users or MYNIC’s provision of any of the Services to the Customer or any End Users has become impractical or unfeasible for any legal or regulatory reasons; or
- Without having to give any reason whatsoever.
15.2 Immediate Termination. MYNIC reserves the right to refuse services to anyone. MYNIC at its sole discretion may immediately terminate this Agreement if:
- The Customer engages in any activities as mentioned but not limited to the terms listed in Clause 13.
- The Customer commits a material breach of its obligations under this Agreement which is incapable of remedy; or
- The Customer commits a material breach of its obligations under this Agreement which is capable of remedy but which is not remedied within thirty (30) days after the receipt of written notice of default from MYNIC; or
- MYNIC or the Customer becomes insolvent or takes any corporate action, or other steps are taken or legal proceedings are commenced for its winding up, liquidation or dissolution (other than for the purposes of solvent reconstruction on terms approved by the party proposing to terminate this Agreement) or for the appointment of a receiver, manager, official manager, liquidation, provisional liquidator, trustee or similar officer of it or of any or all of its revenues and assets; or
- In the event any equipment or combination thereof, including hardware and software used by MYNIC in offering of its Services become affected in their performance and/or functionality so as to render it impossible for MYNIC to continue to provide the Services. In such event, the sole extent of MYNIC’s liability shall be the refund of any advance Subscription fees paid by the Customer for the duration of the interruption prior to termination.
15.3 Termination Due to None Renewal. MYNIC may terminate this Agreement if the Customer fails to pay the renewal fees of its Services on time.
15.4 Termination Due to None Compliance. If this Agreement or Services is terminated by MYNIC due to non-compliance by the Customer of any provisions stated herein, the Customer shall pay to MYNIC in full all charges, fees and rentals for the remainder of the said terms.
15.5 Fees. Upon termination of this Agreement, the Customer shall pay to MYNIC:
- all amounts invoiced to the Customer in accordance to the terms of this Agreement as at the date of termination together with any interest chargeable; and
- all amounts for services used by the Customer but not invoiced to the Customer by MYNIC as at the date of termination.
15.6 Deactivation of Service. In the event the Customer terminates his/her account, MYNIC will deactivate the account on the day the Customer specify the date of termination. MYNIC shall not be responsible in maintaining any archived information copy of the Customer’s websites or files. It is solely the responsible of the Customer to remove such data off the server prior to the date provided in their cancellation notice.
15.7 Rights. Termination of this Agreement by either the Customer or MYNIC for any reason whatsoever shall be without prejudice to any other rights, remedies or claims MYNIC may have against the Customer under this Agreement or at law in respect on any antecedent breach by the Customer of any provision of this Agreement.
15.8 Effects of Termination. In the event MYNIC terminates the Customer’s rights to access or use any of its Services:
- The Customer remains responsible for all fees and charges incurred prior to the date of termination;
- The Customer remain responsible for any applicable fees and charges for any Services to which he/she continue to have access, as well as applicable data storage fees and charges including fees and charges for any in-process tasks completed after the date of termination;
- The Customer shall not be entitled to any service credits under the Service Level Agreements for any period of post termination; and
- MYNIC will erase all of the Customer’s Content as a result of termination, except as specified under the terms of this Agreement.
16. Proprietary Rights
16.1 The Customer’s Content. All rights, titles and interest of the Customer’s content belongs to the Customer. MYNIC obtains no rights under this Agreement for the Customer or its Licensor to the Content, including any related intellectual property rights. The Customer consents to MYNIC to use the Content to provide the Services to the Customer and/or End Users. MYNIC may disclose the Customer’s content at the request of any governmental or regulatory body (including subpoenas or court orders).
16.2 Adequate Rights. The Customer represents and warrant to MYNIC that;
- The Customer or its licensor own all rights, titles and interest in and to the Content and submissions it has provided to MYNIC;
- The Customer has all rights in its content and submission necessary to grant the rights contemplated by this Agreement; and
- None of the Customer’s content, submission or End User’s use of such Content will violate MYNIC’s Acceptable Use Policy.
16.3 Service License. MYNIC or its affiliates or licensors own and reserves all rights, interest and titles in and to the services. MYNIC shall grant the Customer limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to do the following:
- Access and use of the Services solely in accordance with the terms mention in this Agreement; and
- Copy or use MYNIC’s Contents solely in connection with the Customer’s permitted use of the Services under this Agreement or by some other agreement that may be provided to the Customer under a separate license in which case that particular license and agreement shall govern the Customer’s usage of MYNIC’s contents.
16.4 License Restrictions. Neither the Customer nor any End Users may use the Services in any manner or for any purposes other than as expressly stated and permitted in this Agreement. Neither the Customer nor any End Users may:
- Modify, copy, alter, tamper with, repair or otherwise create derivative works of any software included in the Services (except to the extent software included in the Services are provided to the Customer under a separate license that expressly permits the creation of derivative works); or
- Reverse engineer, disassemble or decompile the Services or apply any other process or procedures to derive the source code of any software included in the Services; or
- Access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas.
16.5 Use of Licenses. All licenses granted to the Customer under this Agreement are conditional on the Customer continued compliance to the terms mentioned herein and shall immediately and automatically be terminated in the event the Customer does not comply with any of the Terms and Conditions of this Agreement. During and after the term of this Contract, the Customer shall not assert, assist or encourage any third party to assert against MYNIC or any of our affiliates, customers, vendors, business partners or licensors any patent infringement or other intellectual property infringement claim regarding any of the Services the Customer has used.
16.6 MYNIC’s Trademarks. The Customer may only use the MYNIC trademark in accordance with the Trademark Use Guidelines as published on MYNIC’s website.
17.1 The Customer shall defend, indemnify and hold harmless MYNIC, its affiliates or licensors and each of their respective employees, directors and representatives from and against any claims, damages losses, liabilities, cost and expenses arising out of or relating to any third party claim concerning:
- The Customer or any end User’s use of the Service Offerings (including any activities under the Customer’s account and use by the Customer’s employees and personnel);
- Breach of this Agreement and violation of applicable law by the Customer or any End User;
- The Customer’s content or the combination of the content with other applications, content or processes including any claim involving alleged infringement or misappropriation of third party rights by the Customer’s content or by the use, development, design, production, advertisement or marketing of the Customer’s content; or
- A dispute between the Customer and any End User. In the event MYNIC or any of its affiliates are obligated to respond to a third party subpoena or any other compulsory legal order, the Customer shall reimburse MYNIC any attorney fees, as well as any of MYNIC’s employees or contractors, time and materials spent responding to such legal order at MYNIC’s then-current hourly rates.
18. Modification of the Agreement
18.1 MYNIC has the absolute rights to modify or vary the terms and conditions of this Agreement (including any policies) from time to time by posting a revised version of the new terms and conditions on MYNIC’s website. Such modifications of terms, if made, shall become valid and enforceable upon posting or by an email notification to the Customer. The Customer hereby agree to be bound by such modification of terms and conditions and any terms and conditions modified shall supersede and replace any terms and conditions mentioned before. It is the Customer’s responsibility and onus to regularly check and review for any new terms and conditions of the Services.
19.1 Notice to the Customer. MYNIC may provide any notice to the Customer under this Agreement by:
- Posting a notice on MYNIC’s website; or
- Sending a message to the email address that is associated with the Customer’s account.
19.2 Validity and Effectiveness of Notices. Notices posted on MYNIC’s website shall become valid and enforceable upon posting and notices sent through emails shall become valid and enforceable upon MYNIC sending such emails to the Customer. It is the responsibility of the Customer to keep their email addresses updated. The Customer hereby agree that any emails sent my MYNIC shall be deemed to have been received upon sending.
19.3 Notices to MYNIC. For any notices to MYNIC, the Customer shall forward such notices by:
- email to firstname.lastname@example.org
- facsimile transmission to 1300-807277
19.4 Any notices to MYNIC from the Customer shall be valid upon MYNIC receiving and acknowledging receipt of such notices from the Customer.
19.5 Updates of Contact Information. MYNIC may update the facsimile number or its official corresponding address by posting a notice on MYNIC’s website.
19.6 Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
20. Law and Jurisdiction
20.1 Governing Law. This Agreement shall be governed and construed by Malaysian Law. The parties hereby submits to the jurisdiction of the Courts of Malaysia.
21. Force Majeure
21.1 MYNIC shall not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond reasonable control, including acts of God, fire, flood, theft, labor disputes or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war.