This CUSTOMER AGREEMENT (this *Agreement*) is made between Asian
Marketing Ltd. a Bahamas corporation, (referred to herein as
*AccessAsia.com*) and the customer as entered on the Subscriber or
Registration Form provided on the AccessAsia.com web site or any person who "visits" the
AccessAsia.com web site (the *Customer*).
1.GENERAL. The rates and charges for the services to be
provided (the *Services*) are as set forth on the pages where the
particular service is offered. The customer shall go to the home page for
the particular service and then click "Rates" .
The rates and charges may be changed at any time without notice and the
Customer should check the listed rates for any changes. All charges for
all services will be debited to the credit card number provided by the
Customer. The debited amount will include all applicable excise, sales and
use taxes and any other duties or levies.
In the event any charges are not honored by the card issuer for Services
provided, the Customer agrees to pay all reasonable costs of collections,
including legal fees. Customer's submission, via the Internet, of the
Subscription or Registration Form attests to Customer's financial
responsibility, ability, and willingness to pay invoices within the stated
terms and conditions. Service may be delayed to accommodate credit
approval by AccessAsia.com.
2.CONTENT CONTROL BY CUSTOMER. AccessAsia.com has no control
of the content of the information passing through the AccessAsia.com web
site and network. AccessAsia.com does not (i) represent or endorse the
accuracy or reliability of any opinion, advice or statement made through an
AccessAsia.com account, (ii) assume any liability for any harassing,
offensive or obscene material distributed through an AccessAsia.com
account, or (iii) assume any liability for any material distributed through
an AccessAsia.com account which is distributed in violation of any third
party's copyright or other intellectual property right.
3.PROHIBITED USES. The Services may only be used for lawful
purposes. Customer is expressly prohibited from using the Services to
transmit any unlawful, harmful, threatening, abusive, libelous, vulgar,
obscene, profane, hateful, or otherwise objectionable information of any
kind, including, but not limited to, encouraging conduct that would
constitute a criminal offense, infringe third party rights, give rise to
civil liability or otherwise violate any local, state, national or
other law. Customer may not use the Services to upload, post, reproduce or
distribute, in any way, any information, software or other material
protected by copyright or any other intellectual property right without
first obtaining the permission of such right holder.
4.COMPLIANCE WITH LAWS AND INDEMNIFICATION. Customer agrees
to comply with all applicable laws, regulations, community standards, or
conventions including those related to data privacy, international
communications, and exportation of technical or personal data. Customer
agrees that it will indemnify, defend, and hold harmless AccessAsia.com,
its officers, directors, employees, agents, and affiliated entities from
any claims, losses, damages, expenses, or judgments for violations of law
by the Customer and/or for any acts of alleged libel, copyright
infringement, plagiarism, invasion of privacy or civil rights, or for any
claim which results from the subject matter to be transmitted.
5.LIMITATION OF LIABILITY. As a material inducement for
AccessAsia.com to provide the Services, Customer agrees that UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AccessAsia.com OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE.
6.DISCLAIMER OF WARRANTIES. AccessAsia.com MAKES NO EXPRESS
OR IMPLIED WARRANTIES AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY,
COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES PROVIDED.
AccessAsia.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANT ABILITY AND OF FITNESS
FOR A PARTICULAR PURPOSE.
7.LAW. This Agreement shall be governed by and construed in
accordance with the law of the Commonwealth of the Bahamas.
8.SEVERABILITY. If any provision or portion of this
Agreement shall be held invalid under any applicable laws, such invalidity
shall not affect any other provision of this Agreement that can be given
effect without the invalid provision or portion, and, to this end, the
provisions or portions hereof are severable.
9.NO WAIVER. The failure of either party at any time, or
from time to time, to require performance of any obligation under this
Agreement shall in no manner affect the right of either party to enforce
any provision of this Agreement at a subsequent time and shall not be
construed as a waiver of any subsequent breach of that same provision.
10.CANCELLATION. Customer may cancel the Services at any
time. Customer's only remedy with respect to any dissatisfaction with any
term, rule, policy or practice of AccessAsia.com is to terminate this
Agreement by delivering notice to AccessAsia.com. Customer's submission of
the Subscriber or Registration Form and the use of the Services attests that Customer has
read and agrees to the terms in this Agreement. AccessAsia.com, reserves
the right to suspend or terminate the Services if AccessAsia.com, in its
sole discretion, believes Customer is using the Services to engage in
conduct which interferes with other AccessAsia.com Customers' use of the
Services, is harmful to AccessAsia.com, or third parties, or is otherwise
in violation of this Agreement.
