TERMS AND CONDITIONS OF ABC UNIFIED MESSAGING SERVICES
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS (T&C) OF SERVICE
1.1 __Definitions and Interpretations
1.1.1 ("ABC NET") - ABC NET Limited
1.1.2 ("Service") - Unified Messaging (UM) service operated and owned by ABC NET
1.1.3 ("Member") - UM subscriber
1.1.4 ("T&C" or "Agreement") - this T&C Of Service
1.2 __T&C of Service This Service is provided to Member under the T&C of this Agreement and any operating rules or policies that may be announced by ABC NET from time to time. This T&C and such policies
(i) may not be modified or amended except in the manner contemplated by Section 3, and
(ii) constitute the entire agreement between Member and ABC NET and supersedes all prior agreements between the parties regarding the subject matter contained herein.
2. DESCRIPTION OF SERVICEThrough the Service, ABC NET is providing Member with the capability to access, compose or retrieve messages via the world-wide-web (WWW) using ABC NET's own system. ABC NET will receive messages on Member's behalf over telecommunications service ABC NET purchases from local exchange and/or inter-exchange common carriers. ABC NET will use a telephone number assigned to it by the common carrier for this purpose. Upon receiving a message, ABC NET will store the message in electronic format and forward it to Member. In order to use the Service, Member must:
(1) provide all equipment, including a computer and modem, necessary to establish a connection to the WWW;
(2) provide for Member's own access to the WWW and pay any telephone service fees associated with such access;
(3) download, install and maintain fax viewing software compatible with the UM Service, if necessary.In consideration for this Service, Member agrees to:
(1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service,
(2) maintain and update this information as required to keep it current, complete, and accurate,and
(3) use the Service only in accordance with applicable law. All information requested by ABC NET in connection with Member's initial sign-up for the Service shall be referred to as registration data (the "Registration Data").Member hereby grants to ABC NET the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, ABC NET shall exercise its best efforts to exclude from such disclosures Member's name, mailing address, email address, account and phone number, unless Member expressly directs ABC NET (or any other person Member specifically designates) to disclose such information through the Service as provided by the Service, or ABC NET is required to disclose such information by any applicable law or legal process served on ABC NET.
3. MODIFICATIONS TO TERMS AND CONDITIONS OF SERVICE
ABC NET from time to time may modify the T&C of the UM and the policies and procedures governing use of the Service. Upon any modification in the UM, ABC NET will not notify member and member shall bear the responsibility to check this Site regularly to determine whether any Terms and Conditions of ABC NET UM Services have been modified. Your continued use of the services provided by our Site after such modification shall be deemed to be your acceptance of any such modification, which shall be deemed to have been incorporated in this document as varied or modified. If you do not agree to any modification of these terms and conditions, you must cease using the services provided by this Site.
4. MODIFICATIONS TO SERVICE
ABC NET reserves the right to modify or discontinue the Service from time to time with or without notice to Member. ABC NET shall not be liable to Member or any third party should ABC NET exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
Fax transmissions generally are intended by the parties to be private correspondence between the sender and the recipient. It is ABC NET's policy to respect the privacy of its Members. Therefore, in addition to the privacy of Registration Data as discussed in Section 2, above, ABC NET will exercise its best efforts to prevent the disclosure of the contents of a Member's private communications to third parties, unless ABC NET concludes in good faith that disclosure is required to
(a) conform to the edicts of the law or comply with legal process served on ABC NET;
(b) defend or otherwise protect the rights or property of ABC NET; or
(c) act under exigent circumstances to protect the personal safety of any person or the public generally.Member acknowledges and agrees that ABC NET neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Member acknowledges and agrees that ABC NET may be required to undertake certain technical processing of faxed messages and otherwise to have access to their content in order to
(a) send and receive messages;
(b) conform to connecting networks' technical requirements;
(c) conform to the limitations of the Service; or
(d) conform to other similar requirements.Member hereby consents to ABC NET's having access for such purposes to the contents of transmissions sent and received by Member under this Agreement. Please see the ABC NET Privacy section for a more detailed description of ABC NET's information gathering practices.
6. MEMBER ACCOUNT AND SECURITY
Once member completes the registration process, member shall receive a fax number user name and password for member's account. Member is entirely responsible if member does not maintain the confidentiality of member's password and account. Furthermore, member is entirely responsible for any and all activities that occur under member's account. Members may change their password at any time by following instructions; members may also set up a new account and close an old one at member's convenience. Member may have only one free account at a time. Member agrees to immediately notify ABC NET of any unauthorized use of Member's account or any other breach of security known to Member.
7. DISCLAIMER OF WARRANTIES
Member expressly agrees that use of the service is at member's sole risk. The service is provided on an "as is" and "as available" basis. ABC NET expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ABC NET makes no warranty that the service will meet member's requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does ABC NET make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at member's own discretion and risk and that member will be solely responsible for any damage to member's computer system or loss of data that results from the download of such material and/or data. ABC NET makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by member from ABC NET or through the service shall create any warranty not expressly made herein.
8. LIMITATION OF LIABILITY
ABC NET shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if ABC NET has been advised of the possibility of such damages.
9. THIRD PARTIES
With respect to breaches by third parties: member
(1) acknowledges that ABC NET's ability to perform its obligations under this agreement is dependent upon the availability of equipment and services from third parties (collectively, the "vendors") with whom ABC NET has contracted for the delivery of telecommunications and internet services and equipment, and
(2) agrees that ABC NET shall not be in breach of its obligations hereunder if ABC NET is prevented from performing such obligations solely by reason of the breach or other failure by any such vendor to perform its obligations to ABC NET in accordance with the terms of its agreement with ABC NET.10. LIMITATIONS ON SERVICE
Member acknowledges that Member's right to use the Service is subject to the following limitations.
10.1 The Service is available only to natural persons.
10.2 ABC NET will allow only one (1) telephone number per Member for the purpose of providing the service to Member.
10.3 The rights to the Service granted to Member under this Agreement are personal to Member. Member may not sell, assign, or otherwise transfer or agree to transfer all or any portion of those rights without the prior written consent of ABC NET, which consent may be withheld in the absolute discretion of ABC NET.
10.4 Member may distribute the telephone number that ABC NET will use to receive faxes intended for forward to Member only in connection with the Service provided by ABC NET. Upon termination of this Agreement, Member's right to use that number shall expire forthwith.
10.5 The telephone numbers used in conjunction with the Service are valuable resources, which are intended to be used to receive facsimile transmissions intended for Members. Since there is significant demand for such numbers, ABC NET is committed to allocating such numbers only to Members who make use of the Service. ABC NET is committed to making the Service available as widely as possible to Members who will use it.
10.6 Member acknowledges that although ABC NET currently has set no maximum usage limits on the quantity of faxes a Member may receive through the Service, ABC NET has established and is offering the Service with the intention that it be used solely on a limited periodic basis for facsimile transmissions solely for the benefit of Member personally. ABC NET retains the right, at ABC NET's sole discretion, in the future to set additional limits on use of the Service and to determine whether Member's conduct is consistent with the uses intended by ABC NET for the Service. ABC NET further reserves the right to terminate Member's right to use the Service if ABC NET determines that Member's use of the Service is not consistent with the uses intended therefor by ABC NET.
10.7 ABC NET reserves the right to terminate any accounts of a Member, who have not paid service fee for a prescribed period of time. Prior to termination, ABC NET will notify the subscriber that the telephone number has been inactive and that the account will be deleted unless usage begins immediately. Once an account is terminated, the UM telephone number becomes available for someone else's use.11. FAX MESSAGE STORAGE
ABC NET assumes no responsibility for the deletion of or failure to store or deliver fax messages.12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member shall be fully liable for all use of Member's account, including any unauthorized use of such account by any third party. Member agrees(1) to comply with Hong Kong law regarding the transmission of technical data exported from Hong Kong through the Service;
(2) not to use the Service for illegal purposes;
(3) not to interfere or disrupt networks connected to the Service; and
(4) to comply with all regulations, policies and procedures of networks connected to the Service.The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. ABC NET in its sole discretion may terminate the Service effective immediately if Member' fails to observe and conform Member's use of the Service to the T&C of this UM.
13. INDEMNIFICATION
Member shall indemnify, defend, and hold ABC NET, its parents, subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims or demands, including but not limited to reasonable attorneys' fees, which is made by any third party and arises from or is related to or caused by an act or omission by Member in connection with the use of the Service, Member's violating any T&C of this UM, or any infringement by Member (or any other person using the Service in reliance on Member's rights under this Agreement) of any intellectual property or other rights of any other person.
14. TERMINATION
ABC NET may terminate the Service with or without cause at any time and effective immediately. ABC NET shall not be liable to Member or any third party for termination of Service.
Notwithstanding any other provision of this Agreement to the contrary, if member objects to any T&C of the UM or any subsequent modifications thereto or becomes dissatisfied with the Service in any way, then Member's sole and exclusive remedy shall be to
(1) discontinue use of the Service;
(2) terminate Service membership; and
(3) notify ABC NET of such termination. Upon termination of the Service, Member's right to use the Service and associated software, and the fax number assigned to Member hereunder, immediately ceases. Thereafter, Member shall have no right and ABC NET shall have no obligation thereafter to forward any unread or unsent messages to Member or any third party.15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of persons who advertise goods or services on the Service (the "Advertisers"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser.
ABC NET assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by ABC NET or ABC NET's Advertisers, is protected by copyrights UM, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
17. NOTICE
All notices permitted or required under this Agreement shall be deemed to be delivered and received on the date on which transmitted by email or conventional mail to the party for whom intended at the email or street address appearing at the end of this Agreement (or, for Member's fax number, at the fax number assigned to Member pursuant to this Agreement), or such other email or street address, notice of which is supplied in a manner permitted by this section 17. ABC NET may deliver a notice through a broadcast fax or email to Customer and other customers of ABC NET, and such broadcast notice shall be deemed delivered and received on the date on which transmitted in accordance with the preceding sentence.
18. QUESTIONNAIRE REQUIREMENT
Once every three months, or four times a year, ABC NET may send subscribers a questionnaire that asks about their experiences using the UM service and about their telecommunications plans for the future. We require all subscribers to respond to at least one (1) questionnaire per year. If we do not receive a response to at least one questionnaire, ABC NET reserves the right to terminate that subscriber's UM service.
19. MISCELLANEOUS
The UM shall be governed by and construed in accordance with the internal laws of the Hong Kong, excluding its conflict of law provisions. Member and ABC NET agree to submit to the exclusive jurisdiction of the courts of Hong Kong, the exclusive venue for any cause of action arising under or relating to this UM or the services provided hereunder shall be the Superior Court in and for Hong Kong If any provision of the UM is determined by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intentions of the parties and the other provisions of this UM shall remain in full force and effect. ABC NET at any time and from time to time may assign its rights and delegate its duties under this UM without the prior consent of Member. ABC NET's failure to exercise or enforce any right or provision of the UM shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ABC NET in writing. Member and ABC NET agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the UM are solely used for the convenience of the parties and have no legal or contractual significance.
Member can contact
ABC NET by email: csrep@hkabc.netBY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF ABC UNIFIED MESSAGING SERVICES.