Terms of Service

update 25th February, 2018

1. ACCEPTANCE OF TERMS - GENERAL

1.1 The use of HSI Website is subjected to the terms of service (ToS) provided herein. By accessing and using HSI Website you agree to be bound by this ToS and any modification and amendments, which may be posted by HSI on HSI Website from time to time.

1.2 You agree that HSI may modify and amend this ToS at any time without notice. Unless explicitly stated otherwise, any new service introduced by HSI, shall be subject to this ToS. All such noBces are hereby incorporated by reference into the ToS. You are responsible for regularly reviewing HSI Website ToS posted on HSI Website. By continuing to use HSI Website, you are deemed to have agreed to be bound by any modifications and amendments to this ToS.

1.3 You can access HSI Website home page and browse the Website without disclosing your personal data. The service and links of the HSI Website may include links to third party websites and are subject to section 7 herein.

1.4 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this ToS. By submitting your information you consent to these transfers.

1.5 You shall mean any user of HSI Website.

1.6 HSI shall mean HighSpeedInternet.

1.7 HSI Service shall mean any and all Products and/or Services provided and made available to you by HSI or HSI Website.

2. USE AND SECURITY

2.1 Information on HSI Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. HSI may also make improvements and/or changes to HSI Website and to the fees and rates for HSI Services, at any time without notice.

2.2 HSI Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access HSI Website and assume all risk associated therewith.

2.3 HSI Website may not be available to be accessed from all regions and countries of the world. HSI reserves the right, in its sole discretion, to limit or terminate your ability to access HSI Website from certain regions or countries, and you assume all risk associated with the accessibility of HSI Service on HSI Website from any given region or country of the world.

2.4 HSI reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.

3. YOUR CONDUCT

3.1 You agree to use HSI Website only for lawful purposes and in accordance with this ToS.

3.2 You agree to notify HSI immediately of any unauthorised use or any other breach of security at the end of each session. HSI cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

3.3 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through HSI Service. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding online communication in the country in which you reside.

3.4 You may not use HSI Website in any manner that could damage, disable, overburden, or impair the HSI Website (or the network connected to HSI Service) or interfere with any other party's use and enjoyment of HSI Service. You may not attempt to gain unauthorised access to the HSI Website, computer systems or networks connected to HSI Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through HSI Website.

4. TERMINATION/ACCESS RESTRICTION

4.1 Without limiting anything herein contained, HSI reserves the right to terminate HSI Website at any time without notice and for any reason.

4.2 In addition to any termination rights HSI may have under this ToS, HSI may terminate your access to HSI Website without notice and in its own discretion in the occurrence of the following: You materially violate this ToS or any notice posted from time to time on the HSI Website, any applicable law, rule or regulation relating to the use of the HSI Service; or

4.3 You agree that HSI shall not be liable to you or any third-party for any termination of your access to the HSI Website.

5. DISCLAIMER & LIMITATION OF LIABILITY

5.1 HSI makes no warranty that HSI Website will meet your requirement or that HSI Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through HSI Website are true, accurate, or are free of viruses or other harmful components.

5.2 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to HSI Website for the reconstruction of any lost data. All use of HSI Website is at your own risk and you are solely responsible for all damages resulting therefrom.

5.3 HSI Website is not intended for mission critical circumstances and is provided on an as is, where is and as available basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.

5.4 To the maximum extent permitted by applicable law, HSI disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to HSI Website and transactions performed through the service or on the Internet generally. HSI makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.

5.5 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to negligence, shall HSI be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if HSI has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use HSI Website, any changes to HSI Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through HSI Website or arising in connection with the fraudulent or unlawful acts of any third party.

5.6 You specifically agree that HSI 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.

5.7 If you are dissatisfied with HSI Website, the materials available on or through the HSI Service and HSI Service, Website or with the provisions of this ToS, you agree that your sole and exclusive remedy is to discontinue using HSI Website or any of HSI.s other products and services.

5.8 HSI will take reasonable measures to maintain the privacy and security of all private information provided by you to HSI Website, but third parties (such as hackers) may breach or attempt to breach HSI's security measures or may gain unauthorized access to HSI database or other equipment containing your information. You agree that HSI shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of HSI Website or any other company equipment or user information.

6. INDEMNITY

6.1 You agree to indemnify, defend and hold HSI, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to HSI Service and HSI Website harmless from and against all losses, expenses, damages and costs, including attorneys. fees, resulting from any violation by you of this ToS or asserted by any third party due to or arising out of your use of or conduct on HSI Website.

7. LINKS TO THIRD PARTY SITES

7.1 HSI Website may contain links to third party websites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for HSI. Such links and advertisements are provided to you only as a convenience. HSI shall not be responsible if the Linked Website is not working appropriately. HSI has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.

7.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that HSI shall not be responsible or liable, directly or indirectly, for any HSI Website Use & damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. HSI has no responsibility or liability for any merchant or your relationship with such merchant.

8. PRIVACY

8.1 HSI Privacy Policy (https://highspeedinternet.my/privacy) describes how we handle the information you provide to us when you're accessing HSI Services. You understand that through your use of HSI Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by HSI and its affiliates.

9. PROPRIETARY RIGHTS COPYRIGHT

9.1 HSI Website, all images, text, graphics, logos, sound, programs and any other material (Content) found on HSI Website are protected by copyright, or other intellectual property laws. Any commercial use of HSI Website and Content found on HSI Website is strictly prohibited, without HSI.s express and prior written consent. Any reproduction or redistribution of HSI Service, and Content found on HSI Website, not in accordance with the ToS herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

9.2 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by HSI.

9.3 HSI respects the trademark, copyrighted materials or any intellectual property (hereby collectively referred as Intellectual Properties) of others. Should you have a reason to believe that your Intellectual Property has been used by HSI in a way that constitutes an infringement, and/or that your Intellectual Property rights have been otherwise violated (hereby referred as Infringing Materials), please notify HSI via email at support@highspeedinternet.my and upon obtainment of such, HSI shall remove and/or disable the access to the Infringing Materials within forty-eight (48) hours from the time of receipt of the following information:-

GRANT OF LICENSE AND RESTRICTIONS

9.4 You acknowledge and agree that HSI Website and any necessary software used in connection with HSI Website (the Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. HSI reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.

9.5 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, use in connection with HSI Service. The Software is made available solely for use by you in accordance with the terms of this ToS and the terms of any end user license agreement (License Agreement) which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this ToS and any License Agreement.

9.6 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.

9.7 Any reproduction or redistribution of the Software not in accordance with this ToS and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

9.8 Without limiting the provisions of Section 5 above, the Software is provided "as is," and HSI hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

TRADEMARKS AND THIRD PARTY MATERIALS

9.9 HSI reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively Marks) and nothing in this ToS grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with HSI. HSI do not control or endorse the content of third party websites.

10. GENERAL

10.1 This ToS are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and HSI regarding this ToS will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that HSI Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by HSI in and from Malaysia.

10.2 This ToS contain the entire understanding between the parties hereto with respect to HSI Website, and supersedes all previous oral or written agreements or understandings between you and HSI, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this ToS) shall create any obligation or warranty on the part of HSI not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by HSI, third party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this ToS.

10.3 HSI's performance of this ToS is subject to existing laws and legal process, and nothing contained in this ToS is in derogation of HSI's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of HSI Website or information provided to or gathered by HSI with respect to such use.

10.4 If any provision of this ToS is held invalid, the remainder of this ToS will continue in full force and effect, and if any provision(s) of the ToS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This ToS shall not be construed against any party as the principal draftsperson hereof. A printed version of this ToS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

10.5 HSI's failure to insist upon or enforce strict performance of any provision of this ToS shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by HSI in writing.

10.6 Notices to you shall not be modified, except by an express modification by HSI as described herein and may be made via email or regular mail or by displaying notices or links to you on HSI Website.

10.7 HSI reserves the right to amend any of the provisions of this ToS from time to time. Amendments will be effective immediately upon notification on HSI Website. Your continued use of HSI Website and subscription to HSI Services will represent an agreement by you to be bound by this ToS as amended.

10.8 You may not assert any claim against HSI in connection with HSI Website unless you have given HSI written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to HSI Website must be initiated within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

10.9 HSI may assign its rights and duties under this ToS to any party at any time without notice to you and this ToS shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees. Should you have any questions concerning this ToS, or if you desire to contact HSI for further inquiries, please email us at support@highspeedinternet.my.