Pacnet Web Hosting (PacWeb Pro) User Policy

BY ACCESSING ANY WEB SITES BELONGING TO Pacnet Internet (S) Pte. Ltd AND/OR ANY MEMBER OF THE PACNET INTERNET GROUP OF COMPANIES (“Pacnet”), YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. ALL INFORMATION FOUND ON ANY OF Pacnet’S WEB SITE AND ITS RELATED WEB SITES IS STRICTLY FOR PERSONAL USE ONLY, AND MAY NOT BE USED FOR COMMERCIAL PURPOSES WITHOUT THE PRIOR APPROVAL OF Pacnet.

Pacnet Internet (S) Pte. Ltd. Web Hosting Terms And Conditions

1. Use of the Services

You agree and acknowledge that PI allows only one web site per domain name. You also agree and acknowledge that your use of the Services is entirely at your own risk, and that PI makes no implied or express warranties about the reliability of the Services or web sites created using the facilities provided under the Services. You further agree and acknowledge that PI is not responsible for any damage caused by loss of access to, or deletion or alteration of any web sites hosted using PI’s Services (“User Web Sites”).

You agree and acknowledge that you are fully responsible for your actions and User Web Sites, including, but not limited to any materials, graphics, opinions and views expressed and/or displayed in those web sites. You further agree and acknowledge that PI may remove or delete any User Web Sites or any portion thereof that PI deems unacceptable for any reason, and may suspend or cancel without prior notice your access to and use of the Services for any violation of the terms and conditions in this Agreement, in PI’s sole discretion, and without prior notice to you.

You further agree to abide by all applicable laws and regulations in connection with your use of the Services.

2. Prohibited Conduct

You agree that the following is a non-exhaustive list of actions that you are not permitted, or allow any third party, to carry out in the course of your use of the Services:

(a) the uploading, posting or otherwise transmitting of any User Web Sites that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) the impersonation of any person or entity, including, but not limited to, a PI officer, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

(c) the forgery of any headers or other manipulation of identifiers in order to disguise the origin of any User Web Site transmitted through PI or the development of restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

(d) the uploading, posting or other transmittal of any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e) the uploading, posting or other transmittal of any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(f) the uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

(g) the uploading, posting or other transmittal of any content that contains software viruses or any other computer code, files or programs designed to impair, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or network;

(h) disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;

(i) intentionally or unintentionally violating any applicable law and/or regulation, including, but not limited to, regulations promulgated by the Infocomm Development Authority of Singapore, Singapore Broadcasting Authority, U.S Securities and Exchange Commission, NASDAQ, and any other applicable regulations having the force of law;

(j) “stalking” or otherwise harassing another;

(k) collecting or storing personal data about other users;

(l) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble weaponry or other devices capable of intentionally hurting any individuals;

(m) using your User Web Sites as storage for remote loading or as a door or signpost to another home page;

(n) engaging in commercial activities. This includes, but is not limited to, the offering for sale of any products or services; soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

(o) the placement of advertising banners into your User Web Sites apart from your logo, if any;

(p) attempting to access the accounts of others, or attempting to penetrate security measures of PI or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data;

(q) sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of PI’s service, PI’s equipment or any PI electronic mail address;

(r) posting any MP3 format files;

(s) installation of “auto-responders”, “cancel-bots” or similar automated or manual routines that generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others;

(t) any resale or any exploitation for any commercial purposes of PI services, by any and all means unless approved in advance in writing by PI.

3. User Information

PI reserves the right to distribute aggregated demographic information provided voluntarily by you. You agree and acknowledge that PI may provide to third parties information about you and information about your use of the Services provided that such disclosures do not include your name, mailing address, e-mail address, credit history, usage patterns, telephone or facsimile number, or account number, except as authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law or legal process.

User Web Sites and other communications with PI are not private and may be published and edited at the discretion of PI.

4. Changes to This Agreement

You acknowledge that the law of the Internet is evolving, and therefore you agree that PI may modify this Agreement if necessary to comply with case law and legislation, as well as to adjust to changing business circumstances. Your continued use of the Services shall constitute your acceptance of this Agreement with the new modifications. If you do not agree to any of such changes, you may request that this Agreement be terminated. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to this Agreement.

5. Limitations on Liability

YOU AGREE THAT PI WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF ANY USER WEB SITES CREATED BY THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE USER WEB SITES YOU ACCESS THROUGH THE SERVICES; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND PI’S REASONABLE CONTROL; OR (g) THE MODIFICATION OR REMOVAL OF ANY USER WEB SITES OR ANY PORTION THEREOF. PI ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PI’S MAXIMUM AGGREGATE LIABILITY EXCEED S$100.00.

6. Representations and Warranties

You represent and warrant that all information provided by you in connection with your registration is accurate. THE SERVICES ARE PROVIDED TO YOU “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

7. Governing Law

Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Singapore, as if the Agreement was a contract wholly entered into and wholly performed within Singapore. You further agree to subject yourself to the non-exclusive jurisdiction of the Singapore courts.

8. Notices

You agree that any notices required to be given under this Agreement by PI to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

9. General

This Agreement, together with all modifications, constitute the complete agreement between you and PI concerning the Services, and supersedes and cancels all prior provisions, negotiations, agreements and commitments (whether oral or in writing) with respect to the subject matter hereof. No rights are granted to use the Services except as specifically set forth in this Agreement.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of PI to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by PI of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. PI will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of PI as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of PI.