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The following are the terms and conditions for use of My HomeComm ('the Services'). Please read them carefully. The Services is offered to the User upon condition that the User accepts without modification the terms, conditions, and notices contained herein.

1. DESCRIPTION OF SERVICES
(a) The User is allowed to create and customise their HomeComm portal page according to their preference. The layout, color, channels, categories and information ('Content') can be adjusted accordingly.

(b) To use the Services, the User must complete the registration process by providing HomeComm with current, complete and accurate information as prompted by the Registration Form. Click here for the Registration Form.

(c) Currently, HomeComm has limited the Users that are allowed to use My HomeComm to registered Users in the area of Majlis Perbandaran Subang Jaya (MPSJ). The reason for this is because HomeComm is still in its infancy and we are in the midst of our pilot trial. During this trial, we will be fine tuning the HomeComm infrastructure to obtain the optimal output. However, HomeComm will be opening this Service to subscribers from other municipals in the near future.

2. ACCEPTANCE OF TERMS
(a) HomeComm shall provide the Services to the User, subject to any posted guidelines or rules applicable to the Services which may be posted from time to time.

3. USER'S OBLIGATIONS
(a) The User understands that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that the User, and not HomeComm, is entirely responsible for all Content that the User uploads, posts, emails or otherwise transmits via the Services.

(b) HomeComm does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The User understands that by using the Services, the User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HomeComm be liable in any way for any Content, 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 or otherwise transmitted via the Services. By way of example, and not as a limitation, the User agrees not to use the Services for the following non-exclusive situations:

(i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable 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);

(ii) harm minors in any way;

(iii) impersonate any person or entity, including, but not limited to, a HomeComm official, My HomeComm leader, guide or host, or falsely state or otherwise misrepresent the HomeComm's affiliation with a person or entity;

(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(v) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the HomeComm portal.

(vi) collect or store personal data about other Users.

(vii) 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, except in those areas that are designated for such purpose;

(viii) upload, post, email or otherwise transmit any material that contains software virus 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;

(ix) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other User' ability to engage in real time exchanges;

(x) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(xi) Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;

(xii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.


(c) The User acknowledges that HomeComm does not pre-screen Content, but that HomeComm and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse to post or to remove any Content, in whole or in part, at all times to satisfy any applicable law, regulation, legal process or governmental request. Without limiting the foregoing, HomeComm and its designees shall also have the right to remove any Content that violates the Terms Of Service (TOS) or is otherwise objectionable.

(d) The User agrees that the User must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the User acknowledges that the User may not rely on any Content created by HomeComm or submitted to HomeComm.

(e) The User acknowledges and agrees that HomeComm may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HomeComm, its Users and the public.

(f) With respect to Content which HomeComm elects to post for inclusion in the Services, the User grants HomeComm the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting HomeComm Services to which such Content was submitted and/or to incorporate it in other works in any form, media, or technology now known or later developed. This license exists only for as long as the User elects to continue to include such Content on the Services and shall be terminated at the time the User deletes such Content from the Services.

(g) The User agrees to use the Services only to post, send and receive Content that is proper and related to the Services.

(h) The User agrees that HomeComm does not control or endorse the Content found in the Services and, therefore, HomeComm specifically disclaims any liability with regard to the Services and any actions resulting from the User's participation in any Services. Managers and Hosts are not authorized HomeComm spokespersons, and their views do not necessarily reflect those of HomeComm.

4. INDEMNITY
(a) The Services are provided "AS IS" without warranty of any kind. HomeComm and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall HomeComm and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if HomeComm or any of its suppliers has been advised of the possibility of damages. If the User is dissatisfied with any portion of the Services, or with any of the TOS, the User's sole and exclusive remedy is to discontinue using the Services.


(b) The User specifically agrees that HomeComm shall not be responsible for unauthorized access to or alteration of the User's transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services. The User specifically agrees that HomeComm is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The User specifically agrees that HomeComm is not responsible for any content sent using and/or included in the Services by any third party.


(c) The User agrees to indemnify and hold HomeComm, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content the User submits, posts to or transmits through the Services, the User's use of the Services, the User's connection to the Services, the User's violation of the TOS, or the User's violation of any rights of another.


(d) HomeComm encourages the User to exercise discretion while browsing the Internet while using the HomeComm platform. The Services and Content may direct the User to sites containing information that may be offensive or inappropriate to certain persons. HomeComm makes no representations concerning any endeavor to review the content of sites listed in the directory or any of the Services or Content, and so HomeComm isn't responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the Services or Content.


5. GENERAL PRACTICES REGARDING MY HOME COMM
(a) The User acknowledges that HomeComm has the discretion at all times to limit the maximum size of the Content that will be put in the Services.


(b) The User agrees that HomeComm has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.


(c) The User further acknowledges that HomeComm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. MODIFICATION TO SERVICES
HomeComm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The User agrees that HomeComm shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Services.

7. LINKS
(a) The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. As HomeComm has no control over such sites and resources, the User acknowledges and agrees that HomeComm is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

(b) The User further acknowledges and agrees that HomeComm 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 HomeComm of or reliance on any such Content, goods or services available on or through any such site or resource.

8. DISCLAIMER OF WARRANTIES
The User expressly understands and agrees that:
a. HomeComm makes no warranty that (i) the Services will meet the User's requirements, (ii) the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the Services will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by the User through the Services will meet the User's expectations and (v) any errors in the software will be corrected.


b any material downloaded or otherwise obtained through the Services is done at the User's own discretion and risk and that the User will be solely responsible for any damage to the User's computer system or loss of data that results from the download of any such material.


c. no advice or information, whether oral or written, obtained by the User from the Services shall create any warranty.

 


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