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1. GENERAL RULES AND DEFINATIONS
1.1 This Subscriber Agreement, includes the Operating Rules set forth herein for NSTP e-Media, an Internet service of The New Straits Times Press (Malaysia) Berhad, with respect to the Subscriber's use of NSTP e-Media service (the 'Service"). The subscriber must agree to abide by all the terms and conditions contained in this Subscriber Agreement in order to become or remain an authorized Subscriber of the Services.2. NSTP e-Media CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the Services which comprise of Newsbase and Factfiles are intended for the
personal, non-commercial use of its registered Subscribers. The Services shall include but without
limitation to news articles and/or other materials provided by NSTP e-Media from time to time at its
own discretion which are protected by copyright, owned or controlled by NSTP e-Media, or the party credited
as the provider of the content, software, or other materials. The Subscriber shall abide by all
additional copyright notices, information, or restrictions contained in the Services accessed through
the Services.
2.2 The Services is protected under the Malaysian Copyright Act 1987, International Copyright Conventions,
and other copyright regulations. The Subscriber may not modify, publish, transmit, participate in the
transfer or sale of, reproduction (except as provided under this Subscriber Agreement), creating
derivative works, distributing, performing, displaying, or in any way exploiting any of the materials or
the Services in whole or in part.
2.3 The Subscriber may download or copy the materials and other downloadable items displayed on this
Services for own reference and personal use only provided that the Subscriber maintains all copyright
and other notices contained in the Materials. The Subscriber shall not store any significant portion of
the materials owned by or licensed to NSTP e-Media, in any form. Copying or storing of any of the
materials for other than personal use is expressly prohibited without the prior written permission from
NSTP e-Media.
3. LIMITS ON LIABILITY; INTERRUPTION OF SERVICE
3.1 NSTP e-Media will use its best reasonable efforts to provide accurate news articles, but NSTP
e-Media shall not be liable, directly or indirectly, for any losses, damages or claims made by or against
the Subscriber arising or resulting from the Services or any errors or omissions in the Services.
3.2 The Payments due under Clause 7 below shall not be affected by, nor shall NSTP e-Media be liable for
any losses, damages or claims resulting from the interruption or delay in the transmission of the
Services caused by mechanical or electrical breakdown or interruption or such other causes beyond
the reasonable control of NSTP e-Media.
4. INFORMATION SUPPLIED
4.1 Information may be printed or downloaded for the Subscriber's own reference/research purpose only. Information so copied by the Subscriber may not be supplied or further copied to be supplied in any manner whatsoever to any third party.
5. WARRANTY
5.1 NSTP e-Media does not at any time warrant that the Services provided hereunder this Agreement shall
be free from any failure or malfunction nor guarantee that access to the Services will always be immediate
or uninterrupted.
5.2 NSTP e-Media does not at any time make any representations to the accuracy, completeness,
merchantability or fitness of purpose of the information provided to the subscriber pursuant to this
Agreement hereto.
5.3 The Subscriber hereby undertakes to indemnify and hold harmless NSTP e-Media against any liability,
costs (including legal costs), claims or damages incurred by NSTP e-Media in any action by any third
party against NSTP e-Media for passing-off or for being in infringement (if any) of copyright,
patent, registered trademark or design or other intellectual property rights of any other party.
The Subscriber's obligations under the above clause shall survive the termination of this Agreement hereto.
5.4 The Subscriber undertakes to indemnify and hold harmless NSTP e-Media from and against any
losses, actions, costs (including legal costs), claims or damages whatsoever arising as a result of any
breach of any of the obligations, terms and conditions contained herein.
6. REGISTRATION AND SECURITY
6.1 The Subscriber shall provide to NSTP e-Media with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach of this Agreement, which may result
in immediate termination of the Subscriber's account.
6.2 The Subscriber shall notify NSTP e-Media at support@nstp.com.my of any known or suspected
unauthorized use(s) of the Subscriber's account, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of the Subscriber's password or credit card information.
The Subscriber shall be responsible for maintaining the confidentiality of the Subscriber's password.
6.3 Each Subscriber is responsible for all usage or activity on NSTP e-Media's account, including use of
the account by any third party. Any fraudulent, abusement or misappropriation or illegal usage would
entitle NSTP e-Media to terminate the Subscriber's account, at any time.
7. FEES AND PAYMENTS
7.1 The Subscriber shall pay the registration fees and charges incurred to NSTP e-Media through
the Subscriber's account as per the effective rate at the time of the billing period based on such fees
and charges as incurred, including, but not limited to charges for any products or services offered for
sale through the Services by NSTP e-Media. All fees and charges shall be billed to and paid for by
the Subscriber. The Subscriber shall pay all applicable taxes relating to the use of the Services through
the Subscriber's account. The Subscriber's right to use the Services is subject to limitations imposed by
NSTP e-Media based at its sole discretion.
7.2 The registration fees for this subscription paid in advance by the Subscriber to NSTP e-Media shall not
be refundable for whatsoever reason including in the event of termination referred to in Clause 9.
7.3 A subscription fee in addition to the registration fee shall be paid by the Subscriber monthly.
8. PREPAID SUBSCRIBERS (Cheque/Money Order/Postal Order/Telegraphic Transfer/Credit Card)
8.1 NSTP will safeguard subscribers personal details for security purposes and will discard all
information upon termination of subscription for prevention of unforseen circumstances.
8.2 All fees and charges which shall be provided in advanced by the users to NSTP shall not be refundable.
9. COMMUNICATIONS BETWEEN NSTP AND SUBSCRIBERS
9.1 NSTP e-Media reserves the right at all times to send electronic mail to any and all the Subscribers,
for the purpose of informing them of any changes or any additions related to the Services products and
the Services or any other related information thereof.
9.2 NSTP e-Media shall notify the Subscriber with One (1) month's written notice (if any) in relation
to:-* price changes, or
* material changes to any terms or conditions of this Subscriber Agreement.
9.3 NSTP e-Media reserves the right to disclose any information on the Subscriber's usage of the Services
and demographics in a manner without revealing the Subscriber's personal identities.
10. TERMINATION
10.1 The Subscriber may terminate its account at any time by giving One (1) month written notice, to
NSTP e-Media or sending e-mail to support@nstp.com.my. The termination shall come into effect upon
the Subscriber receiving a confirmation via e-mail from NSTP e-Media that the notification has been
accepted. Termination by the Subscriber shall not release the Subscriber's responsibility to settle
all charges incurred prior to termination.
10.2 NSTP e-Media may at its sole discretion at any time terminate or suspend the Subscriber's
access immediately without prior written notice to all or part of the Services for any reasons whatsoever.
11. VOLUNTARY SUSPENSION
11.1 The Subscriber can request in writing to NSTP e-Media for voluntary suspension and NSTP e-Media
shall have the absolute discretion to consider and approve such suspension without having to assign
any reasons whatsoever to the Subscriber.
11.2 The Subscriber has to send confirmation via e-mail or writing to reactivate their account to
NSTP e-Media.
12. FORCE MAJEURE
12.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its respective obligations under this Agreement if such delay or default is caused by conditions beyond its control, including, but not limited to, acts of God, catastrophes, government restrictions, wars, insurrections, strikes, fires, floods or work stoppage; PROVIDED HOWEVER that if such delay or default shall exceed three (3) months and the delay or default continues, either party may terminate this Agreement immediately. Termination by virtue of this clause does not however effect NSTP e-Media's right to demand for whatsoever changes accrued by NSTP e-Media prior to termination hereof.
13. ARBITRATION
13.1 In the event there be any dispute between the parties regarding this Agreement or the Services provided herein all parties involved shall make every attempt to settle the dispute matter amicably without reference to a neutral party. In the event that all attempts to settle the dispute amicably are exhausted both parties to this Agreement hereto, may then refer the dispute to an arbitrator from the Kuala Lumpur Regional Centre for arbitration.
14. GOVERNING LAWS
14.1 This Subscriber Agreement shall be construed and enforced in accordance with Laws of Malaysia.
15. NOTICES
15.1 All notices which are required to be served on either party shall be via e-mail and shall be deemed to
be sufficiently served if sent by A.R. Registered, posted by ordinary mail, faxed, telexed or personally
hand delivered. For the purpose of this clause, the mailing address for NSTP e-Media shall be as follows:-
Customer Support Unit
NSTP e-Media Sdn Bhd
The New Straits Times Press (Malaysia) Berhad
Balai Berita, 31, Jalan Riong
59100 Kuala Lumpur
Malaysia
16. TIME
16.1 Time shall be the essence of this Agreement.
17. TRANSFER OR ASSIGNMENT OF RIGHTS
17.1 The Subscriber shall not transfer or assign any of the subscription rights or obligations contained hereunder to any third party without NSTP e-Media's prior written consent.
18. NO WAIVER
18.1 The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of either party thereafter to enforce the same provision, nor shall the waiver by either party of any breach of any provision herein be held or taken to be a waiver of any succeeding breach or as a waiver of the provision itself.
19. ENTIRE AGREEMENT
19.1 This Agreement constitutes the entire agreement of the parties hereto and no amendments or modifications shall be binding unless reduced in writing and signed by both parties.
20. NO BINDING EFFECT
20.1 No agreement or understanding, varying or extending this Agreement will be binding upon either party hereto unless made in writing and signed by duly authorized officers or representatives of the respective parties.
21. SUPERCEDES
21.1 This Agreement shall supercede all previous arrangement or agreement whether oral or written entered into by the parties hereto prior to this Agreement.
I/we agree to the above terms and conditions for subscription to NSTP e-Media.