End User License Agreement

This End User License Agreement (“Agreement”) is by and between Akitas Newtech Sdn Bhd (“Akitas”) and you (either an individual or a single entity). By agreeing to our contract electronically you agree to be bound by the terms and conditions of this Agreement. This Agreement represents the entire agreement between Akitas and you and it supersedes any prior proposal, representation or understanding between Akitas and you or its distributors. If you do not agree to the terms and conditions of this Agreement, please do not proceed.

THE APPLICATION

Akitas grants you a non-exclusive license to use the iWeb Builder (“Product”) including any additional materials, tools or tutorials (“Materials”) for the purpose of designing and publishing web sites on the internet. You shall not port, reverse engineer, reverse assemble, reverse compile, or deobfuscate the Product or the iWeb Builder programs (“Programs”), or otherwise attempt to derive source code from the Programs. This Agreement and the license granted to you under it, will terminate immediately if you are in breach of any terms of this Agreement. In the event of termination, you must immediately stop using the Product and Materials. You must not copy, sell, sublicense, assign or redistribute the Product, Programs or any or all part of the contents of the Materials. Akitas shall have the right to enforce the terms and conditions of this Agreement .

WEB HOSTING SERVICES

You are responsible for ensuring your web site (“Website”) conforms to all local, state, federal and international laws. Further you are responsible for securing permission to use any copyrighted, trademark or otherwise legally protected images, text or other web site elements that are not provided by Akitas. You affirmatively acknowledge Akitas is relying on your representation concerning your proper use of all content on any Website you create or control. Moving your Website from one hosting server or provider to another is your responsibility.

ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. You represent and warrant to Akitas that all information you submit when you enrol and create your account “Account”) is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Akitas has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Akitas reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login and password. For security purposes, Akitas recommends that you change your password at least once every six (6) months for each Account you have with Akitas. You must notify Akitas immediately of any breach of security or unauthorized use of your Account. Akitas will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Akitas or others incur caused by your Account, whether caused by you, or by any person authorized by you, or by an unauthorized person.

Transfer of Data Abroad. If you are visiting your Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting your Website and communicating electronically with us, you consent to such transfers.

DURATION AND RENEWAL

Your Account needs to be renewed on a yearly basis. Akitas will send you an email notification thirty (30) days prior to the expiration of your Account. If you wish to renew then the renewal fee shall be bank into the Bank account as stated in the email notification.

USE OF AKITAS CONTENT AND USER CONTENT

Akitas Content. Except for User Content, the content on this Site including without limitation the text, software, scripts, source code, Programs, graphics, photos, sounds, music, videos, templates, forms, interactive features and the trademarks and logos contained therein (“Akitas Content”), are owned by the copyright owner or licensed to Akitas and are subject to copyright, trademark, and/or patent protection in Malaysia and foreign countries, and other intellectual property rights under Malaysia and foreign laws. Akitas Content is provided to you “as is”, “as available” and “with all faults” for your own use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Akitas. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Akitas reserves all rights not expressly granted in and to Akitas Content, and this Agreement do not transfer ownership of any of these rights.

User Content. Some of the features of the Programs may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos posted by you (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Akitas that (i) you have all necessary rights to publish or distribute the User Content via your Website either because you are the author of the User Content and have the right to publish or distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of Akitas website (including without limitation those features that prevent or restrict use or copying of any Akitas Content or other users’ User Content) or enforce limitations on the use of Akitas website, Akitas Content or other users’ User Content therein.

GENERAL RULES OF CONDUCT

Akitas is not intended to assist you in engaging in unlawful or morally objectionable activities. Therefore, Akitas explicitly reserves the right to terminate your license and Account without any notice and without any refund or further liability or obligation to you or any third party if it comes to Akitas attention that you are using your Website to participate in such activities. The provisions listed below in this Agreement are intended as guidelines and are not meant to be exhaustive, you acknowledge and agree that:

Your use of your Website including any content you submit, will comply with this Agreement and all applicable local, state, federal and international laws, rules and regulations.
You will not impersonate another user or any other person or entity, or submit content on behalf of another user or any other person or entity, without their express prior written consent.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
You will not use your Website in a manner (as determined by Akitas in its sole and absolute discretion) that:

Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behaviour;
Promotes, encourages or engages in pornography, child pornography or the exploitation of children;
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Akitas or Akitas’s Services.

You will not modify or alter any part of Akitas website or any of its related Programs or technologies.
You will not access Akitas Content (as defined below) or User Content through any technology.
You agree to back-up all of your User Content so that you can access and use it when needed. Akitas does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

Akitas reserves the right to modify, change, or discontinue any aspect of Akitas Website or, including without limitation prices and fees for the same, at any time.

RIGHTS

All rights and title to the Programs, tutorials, web site templates and template forms are retained by the copyright owner. You are only entitled to use the Programs, tutorials, web site templates and template forms to build your website and post them to the internet.

Akitas expressly reserves the right to:

Censor any web site hosted on its servers that, in Akitas sole opinion, is deemed inappropriate;

Review every web hosting Account for excessive space and bandwidth utilization, and apply additional fees to those Accounts that exceed allowable levels;

Modify pricing through email notification;
Terminate your license due to reasons as mentioned above; and other activities whether lawful or unlawful that Akitas determines to be harmful to subscribers, operations, or its reputation; or
Terminate your license if your use of iWeb Builder or your Website results in, or is the subject of legal action or threatened legal action against Akitas or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit.

The decision to terminate your license and Account shall be made solely by Akitas without any notice and without any refund or further liability or obligation to you or any third party.

NO WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE iWEB Builder PROGRAMS, its materials, AKITAS WEBSITE AND/OR CONTENT SHALL BE AT YOUR OWN RISK AND THAT THey ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Akitas, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS and distributors DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Akitas, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS and distributors MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS OR THE CONTENT OF the iweb builder PROGRAMS and its materials, (II) THE ACCURACY AND COMPLETENESS, OR THE CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THe AKITAS WEBSITE AND/OR (III) THE SERVICES provided by Akitas with regard to the iweb builder.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY akitas, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS or distributorS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE IWEB BUILDER OR THE SERVICES PROVIDED AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your ACCOUNT OR YOUR use of thE PROGRAMS, its materials, AKITAS WEBSITE AND/OR CONTENT or the Services PROVIDED.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AKITAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR THE CONTENT OF THE product, PROGRAMS, its materials, AKITAS WEBSITE AND/OR CONTENT, (II) THE ACCURACY, COMPLETENESS, OR THE CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO AKITAS WEBSITE, (III) THE SERVICES PROVIDED, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM AKITAS OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO AKITAS WEBSITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM AKITAS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO AKITAS WEBSITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF product, PROGRAMS, its materials, AKITAS WEBSITE AND/OR CONTENT OR THE SERVICES PROVIDED, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AKITAS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall AKITAS total aggregate liability exceed the total amount paid by you for the particular PRODUCT that ARE the subject of the cause of action.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your ACCOUNT OR YOUR use of thE PRODUCT, PROGRAMS, its materials, AKITAS WEBSITE AND/OR CONTENT or the Services PROVIDED this Site.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless Akitas and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Akitas directly or indirectly arising from (i) your use of the Product, Programs, its Materials and access to Akitas Website and/or Content or the Services provided; (ii) your violation of any provision of this Agreement and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your Account or your use of Product, Programs, its Materials, Akitas Website and/or Content or the Services found at this Site.