EMERGE Systems (M) Sdn. Bhd.
A-5-1, Pusat Perdagangan Pelangi Damansara,
Pelangi Damansara, PJU 6, Persiaran Surian,
47800 Petaling Jaya, Selangor D.E
Malaysia.

The following agreement is by and between EMERGE Systems (M) Sdn. Bhd. (EMERGE) and you (the Client).

WHEREAS, EMERGE is a Web & SMS Service Provider connected to the Internet. EMERGE Online Web Solutions via its SharkSURF Starter Pack (“SharkSURF-SP”) package offers the following services and applications:
(i) International Domain Name
(ii) Web & E-mail Hosting (1,000 MB E-mail space and 1,000 MB Web space)
(iii) Website DIY Tools (TotalWEB! Lite) with capability to publish 25 web pages
(iv) SMS Campaign Facility (MobileACE!) with 10 SMS Credits
(v) Trade Portal Membership (iBeli.com) with 5 product posting over the Internet through access to its Web and Application Servers;

WHEREAS, you as the Client seeks to utilize EMERGE's server and applications for its own purposes;

WHEREAS, the parties acknowledge that the Internet and Mobile Network is neither owned nor controlled by any one entity; therefore, EMERGE can make no guarantee that any given Client shall be able to access EMERGE's server and applications at any given time. EMERGE represents that it shall make every good faith effort to ensure that its server and applications is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;


I. Financial Arrangements:

1. Client agrees to a yearly contract, beginning upon EMERGE's receipt of SharkSURF-SP Registration Information that Client fills in on the SharkSURF-SP online registration portal (http://sharksurf.localdns.com).

2. The purchase of SharkSURF-SP package provides the Client with Full Subscription of the included services for ONE (1) year.

3. Thereafter, the Client will then have the option to renew ALL of the services or individually select the services that they are interested in. When the Client chooses to renew the services after the first year, the Client will be charged the retail price of the services required at the renewal time. E.g., if the Client chooses to renew the ValueHOST! 1 hosting package, the Client will be required to pay RM330/year for the renewal of the ValueHOST! 1 hosting package.

4. In the event that the Client during or after the registration of their SharkSURF-SP package:
(i) selects to purchase a (.my) domain name
(ii) selects to upgrade the hosting plans
(iii) requires other chargeable Hosting Facilities and/or Services (e.g. Domain Pointing)

the Client will be required to pay for the said services as this services are not covered within the
initial purchase price of the SharkSURF-SP package.

5. This agreement will automatically renew unless cancelled in writing 14 days prior to the yearly renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.

6. Eligibility To Purchase – SharkSURF-SP package can only be purchased if any of the following criteria are met:
(a) Registration of a new domain name & hosting plan
(b) Domain Name & hosting service transfer from another hosting service provider (not currently hosted by the Company
(c) Renewal of an expired Domain Name & hosting plan

II. Selection Of A Domain Name:

The Client acknowledge and agree that EMERGE cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party and further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose.

NO GUARANTY. The Client acknowledge that registration or reservation of the Client's chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

DOMAIN NAME DISPUTES. The Client agrees that, if the registration or reservation of the Client's domain name is challenged by a third party, the Client will be subject to the provisions specified in the dispute policy adopted by the applicable registry. The Client agrees that in the event a domain name dispute arises with any third party, the Client will indemnify and hold EMERGE harmless pursuant to the terms and conditions contained in the applicable policy. If EMERGE is notified that a complaint has been filed with a judicial or administrative body regarding the Client's domain name, EMERGE may, at its sole discretion, suspend the Client's ability to use the Client's domain name or to make modifications to the Client's registration records until (i) EMERGE is directed to do so by the judicial or administrative body, or (ii) EMERGE receives notification by the Client and the other party contesting the Client's domain that the dispute has been settled. Furthermore, the Client agrees that if the Client are subject to litigation regarding the Client's registration or use of the Client's domain name, EMERGE may deposit control of the Client's registration record into the registry of the judicial body by supplying a party with a registrar certificate from EMERGE.

III. Taxes:

EMERGE shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or EMERGE's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

IV. Responsibilities:

EMERGE exercises no control whatsoever over the content of the information passing through the network. EMERGE make no warranties or representations of any kind, whether expressed or implied for the service it is providing. EMERGE also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of EMERGE is at the Client's own risk and EMERGE specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end-to-end bandwidth. EMERGE expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. EMERGE specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", EMERGE may, at its option and at any time, reject this material, including but not limited to after it has been put on EMERGE's Server. EMERGE agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of EMERGE. If the Client fails to modify the material, as directed by EMERGE, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

V. Trademarks & Copyrights:

Client warrants that it has the right to use the applicable trademarks, if any and grants EMERGE the right to use such trademarks in connection with EMERGE's Server service.

VI. Age:

The Customer certifies that he or she is at least 18 years of age.

VII. Acceptable Etiquette:

Internet Etiquette

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of EMERGE may not be used to impersonate another person or misrepresent authorization to act on behalf of others or EMERGE. All messages transmitted via EMERGE should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. NO SPAMMING, PROVEN SPAM WILL RESULT IN IMMEDIATE TERMINATION OF SERVICE WITH NO REFUNDS.

SMS Etiquette on MobileACE!

The Client shall not intentionally use MobileACE!:

(i) for any unlawful purpose including and without limitation, any criminal purpose;
(ii) to gain unauthorised access to any computer system, whether or not connected to the Internet, or any information regarded as private by other persons;
(iii) to send or receive any SMS message, posting, data or material which is offensive on moral, religious or racial grounds or any threatening, harmful, unlawful, abusive, harassing defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, civil liability or otherwise violate any local or international law;
(iv) to carry out or assist or attempt to carry out mass mailing and any other activity which overloads any mailbox with huge SMS messages or numerous number of SMS messages to any recipient of SMS message (which is also known as "mailbombing");
(v) to carry out or assist or attempt to carry out any activity that involves the sending of unsolicited SMS which the recipient did not specifically request for (which is also known as "spamming");
(vi) to introduce, assist or attempt to introduce any computer virus or any other harmful component to EMERGE or any other person's system via the Service;
(vii) to infringe or facilitate infringement of any intellectual property right of any person;
(viii) for any purpose which is against public interest, public order or national harmony;
(ix) in violation of any laws relating to unfair competition, anti-discrimination or false advertising; and
(x) other than for the purpose of the service that the Client has planned to roll out, the Client shall not share, rent, lease, offer or in any manner whatsoever give access to the Service to any person without the prior written approval of EMERGE.

Trade Portal Etiquette On iBeli.com

The Client agree not to use the Site in such a way as to violate any law, or to misuse the proprietary information or property of others for their own purposes or otherwise, and not to make postings which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others.

Without limiting the generality of the foregoing, the Client shall not do any of the following or permit any of Client's authorized users, or other third parties to do any of the following:

• Disclose private communications without permission to parties other than the intended recipient, or disclose confidential information; 
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
• Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component; 
• Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder; 
• Falsify user information provided to EMERGE or to other users of the Service in connection with the use of a EMERGE service; 
• Account sharing, including without limitation, letting third parties use their account and password. 

VIII. Termination:

Either party, without cause, may terminate this Agreement by giving the other party 14 days written notice. Notwithstanding the above, EMERGE may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. No refund will be available if user terminated before contracted period.

IX. Limited Liability:

1. Client expressly agrees that use of EMERGE's Server and Applications is at Client's sole risk. Neither EMERGE, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that EMERGE's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server and Application services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the EMERGE Server and Application services, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall EMERGE, its offices, agents or any one    else involved in creating, producing or distributing EMERGE's Server and Applications services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the EMERGE Server and Application services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to EMERGE's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on EMERGE's Server and Application services.

3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount, which Client paid during the term of this Agreement.

X. Lawful Purpose:

Client may only use EMERGE's Server and Applications for lawful purpose. Transmission of any material in violation of any International, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. EMERGE expressly forbids anyone from using EMERGE's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the EMERGE management.

XI. Indemnification:

Client agrees that it shall defend, indemnify, save and hold EMERGE harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against EMERGE, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless EMERGE against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with EMERGE's Server and Applications; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on EMERGE Server and Applications.

XII. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of EMERGE Services as specified in Section I. Financial Arrangements.

The Client acknowledge that the Internet and Mobile industry is constantly evolving; therefore, the Client agree that EMERGE may modify this Agreement, or any other related and and/or applicable agreement, as is necessary to comply with its agreements with any entity or individual, as well as to adjust to changing circumstances.

The Client also acknowledges that EMERGE reserves the right to change the terms, conditions, mechanisms, functions, features and notices under which it offers SharkSURF-SP and all associated product and services however EMERGE sees fit, including any charges associated with the use of SharkSURF-SP at any time without prior notice to the Client.

All amendments to this Agreement and/or SharkSURF-SP services will be posted on EMERGE website. The Client's continued use of the services and application registered to the Client will constitute the Client's acceptance of this Agreement with any revisions. If the Client does not agree to any change, the Client may request that all the services provided be terminated. The Client agrees that such termination of service will be the Client's exclusive remedy if the Client does not wish to abide by any change to this Agreement, or any other related and/or applicable agreement. The Client also agrees that there will be no refund of the fees paid in the event that the Client request's for this remedy.

XIII. Content Clause:

Client agrees not to publish/send adult-related, pornographic, illegal or otherwise publicly offensive material using EMERGE's server. All content is subject to denial at any time on the basis of controversial media. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services. This Agreement shall be governed and construed in accordance with the Malaysia

ACCEPTANCE OF AGREEMENT. THE CLIENT ACKNOWLEDGE THAT THE CLIENT HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. THE CLIENT HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.