The following words have these meanings in this Agreement, unless the contrary intention appears:

"Addendum" means any addendum or supplements executed by the Customer and accepted by Maxis for additional or supplemental services.

"Agreement" means the agreement for the Services made between Maxis and the Customer in accordance with these terms and conditions, the Registration Form, the Addendum and other documents which are expressly agreed to form part of the Agreement.

"Customer" means the individuals, sole proprietorship, partnership, company or entity specified in of the Registration Form whose application for the Services has been accepted by Maxis.

"Customer Equipment" means the equipment, software and all facilities to be procured, installed and maintained by the Customer and includes the equipment used by the Customer during the provision of Services by Maxis to the Customer, including but not limited to, Customer's computer, lap top and any handheld devices, such as compatible mobile phones and BlackBerry devices, at the Customer's premises in order to use the Services, including without limitation, cabling and wiring required to connect the Customer Equipment to the Maxis Network as well as the horizontal cabling from the Customer's premises to the Maxis Network.

"Internet" means a global network of interconnected computer networks, each using the Transmission Control Protocol/Internet Protocol and/or such other standard network connection protocols as may be adopted from time to time, which is used to transmit content that is directly or indirectly delivered for display to an end user whether such content is delivered through on-line browsers, off-line browsers or through "push" technology, electronic mail, broadband distribution, satellite, wireless or otherwise.

"Log-on Detail" means the user identification detail and accompanying password supplied to the Customer under this Agreement for access to the Services.

"Maxis" means Maxis Mobile Services Sdn Bhd (73315-V) (formerly known as Malaysian Mobile Services Sdn Bhd (73315-V)) including its successors and assigns.

"Maxis Network" means equipment, software and facilities operated by Maxis to enable the provision of the Services to the Customer.

"Maxis' Website" means the website operated by Maxis located at URL http://www.maxis.com.my or such other URL as may be notified by Maxis to the Customer from time to time.

"Maxis Working Hours" means 9am to 6pm on Monday to Friday, excluding public holidays in Kuala Lumpur and Selangor or such other working hours that may be notified by Maxis to Customer from time to time.

"Personal Information" means information collected by Maxis from a Customer including all information and details in relation to the Services provided by Maxis to the Customer.
           
"Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors.

"Registration Form" means the Customer's duly completed application for registration to subscribe to the Services which has been accepted by Maxis, the form and content of which as set out overleaf. 

"Services" means the hosted Microsoft exchange e-mail services which may be upgraded, changed, varied or introduced from time to time as provided by Maxis to the Customer pursuant to the Agreement and any value added supplemental or additional features or services that may be provided by Maxis from time to time.

"Services Charges" mean the recurring charges payable by the Customer to Maxis for the provision of the Services as specified or determined in accordance with the Agreement.

"Services Commencement Date" means the date the Services are made available to the Customer as notified by Maxis to Customer.

• a reference to a statutory provision includes that provision as modified or re-enacted from time to time so far as such modification or re-enactment applies or is capable of applying to any transaction entered into, under or in connection with the Agreement;
• the singular shall include plural and vice versa;
• a reference to a person includes the person's executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
• words denoting one gender include all genders and words importing persons shall include firms, associations, bodies corporate and unincorporated;
• a reference to "day(s)" shall mean a twenty-four (24) hours period as in calendar day and a reference to "business day(s)" shall mean any day where commercial banks are open for business in Malaysia, excluding Saturdays, Sundays and public holidays in Kuala Lumpur and Selangor; and
• where more than one (1) party is referred to as "Customer", their obligations are joint and several.

The Customer shall not:

1. send or disclose Log-on Details to any person other than Maxis;
2. store Log-on Details in any form, whether coded or unencoded, in a location where they are capable of being read by anybody other than the Customer;
3. share the Services with any person without the prior written consent of Maxis.

The Customer shall:

1. use the Services only for the purpose for which it is subscribed
2. at all times use only his own Log-on Details for accessing the Services;
3. be responsible for the secure storage of Log-on Details, including without limitation changing the Customer's passwords from time to time and shall not reveal the same to any other person;
4. be responsible for all usage of, and charges for, the Services;
5. comply with all notices or instruction given by Maxis from time to time in relation to the use of the Services;
6. be responsible for obtaining, at the Customer's own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Services;
7. comply with the rules of any network to which the Customer has access through the Services;
8. conform to Internet etiquette that is required by electronic forums including the Maxis' Use of Website, Rules of Acceptable Use and Privacy Statement, all of which are available at Maxis' Website;
9. obtain Maxis' prior consent before making any changes to the Maxis Network configuration and interconnecting the private network to any public network;
10. purchase any recommended equipment at the Customer's own cost to enable connectivity of the Services;
11. pay and settle all Services Charges and any other charges due to Maxis pursuant to this Agreement;
12. provide true, accurate and complete information as requested in the Registration Form and when requested by Maxis, from time to time;
13. comply with and adhere to the terms and conditions of this Agreement
14. comply with and not contravene with any and all applicable laws of Malaysia relating to the Services, including without limitation Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies, which may be amended from time to time;

The Customer shall not use the Services:

1. to send unsolicited or unwelcome or bulk electronic mail messages of any kind to anyone or otherwise cause excessive or disproportionate load on the Services or the Maxis Network;
2. to gain unauthorised access to any computer system connected to the Internet or any information regarded as private by other person;
3. for any unlawful purposes such as, but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character.
4. for any purpose which is against public interest, public order or national harmony;
5. to send or receive any message which is offensive on moral, religious, racial or political grounds or of any anxiety to any person;
6. to publish defamatory, infringing, obscene or other unlawful material;
7. in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of publicity or privacy;
8. interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorisation by the owner of the said service, equipment or computer network;
9. in violation of any laws relating to unfair competition, anti-discrimination or false advertising;
10. that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines;
11. in any manner, which in the opinion of Maxis may adversely affect the use of the Services by other Customers or efficiency or security as a whole.

Maxis may charge additional fees for the following support services which are handled on a "best efforts" basis only:

1. Configuration of Customer firewall software and/or hardware that could affect connectivity to the Services;
2. Installation of Microsoft Outlook® Software;
3. Configuration of Customer antivirus software (Norton Antivirus 2007, etc.) that could affect connectivity to the Services;
4. Issues related to the Customer's connection to the Internet. (i.e. T1, Cable Modem, DSL Modem, Dial-Up, etc.);
5. Issues related to other email accounts or personal folders (non-Maxis exchange hosting) configured within Customers Microsoft Outlook® Software;
6. Issues related to general use of the Microsoft Outlook® Software such as training;
7. Email client software other than Microsoft Outlook® Software;
8. Use of Services on a Macintosh or non-Windows computer.

Security and Reliability
Maxis does not guarantee 100% reliability of the Services and/or the following:

1. Internet congestion;
2. Terrorist Attack;
3. Natural Disasters;
4. Virus/Worm/Denial of Services Attack.

It is the Customer's responsibility to ensure that his/her/its Services mailbox does not reach the storage capacity or limit. Maxis shall not be responsible for email lost due to full mailboxes.

1. fails to pay in full any sums or charges due and payable pursuant to the Agreement within seven (7) days of the relevant due date for payment; or
2. is otherwise in default of its obligations under the Agreement and has not remedied the default within fourteen (14) days of receipt of written notice from Maxis requiring remedy of such default; or
3. is insolvent or takes any corporate action or other steps are taken or legal proceedings are commenced from its winding up, liquidation or dissolution (other than for purposes of solvent reconstruction on terms approved by Maxis) or for the appointment of a receiver, receiver and manager, official manager, liquidation, provisional liquidator, trustee, or similar officer over the Customer or any or all of its revenues or assets;

Without prejudice to Maxis' rights under Clause 12.3, Maxis may at its sole discretion elect to suspend the Services or any part thereof, with or without notice to the Customer, if it considers that the Customer has breached any of its obligations under the Agreement.
 
Any such suspension shall not be a breach by Maxis of the Agreement. All charges shall remain due and payable during such period of suspension by Maxis of the Services. In the event of a suspension, Maxis reserves the right to charge the Customer a fee for the re-commencement of the Services.

Except to the extent of Maxis' negligence, the Customer agrees to indemnify and hold Maxis and its Related Corporation and their respective employees, officers, suppliers, contractors and agents harmless from and against any and all claims, demands, damages, costs, charges liabilities and expenses (including attorney's fees and costs) of every nature directly and indirectly, arising out of or in connection with:

1. any claims for libel, invasion of privacy, infringement of patent, trademark, copyright or intellectual property right or other proprietary right, breach of confidence or breach of any law or regulation whatsoever arising from or attributable to the Customer Equipment, Customer data or the use of the Services (whether with or without Customer's authorisation);
2. the use of the Services by a person using the Logon Details with, or without, the Customer's authority;
3. any non-compliance with any provisions of this Agreement by the Customer;
4. any negligent or wilful act of the Customer or any of its officers, employees, contractors or agents which would have been a breach of this Agreement if performed by the Customer using the Log-on Details; and
5. any damage to property or personal injury (including death) arising from or in connection with the Customer Equipment.

The Customer warrants that:

1. it has the power to enter into and observe all its obligations under the Agreement;
2. all consents, qualifications and authorisations from all necessary government and other authorities for the performance by the Customer of its obligations hereunder have been duly obtained and are in full force and effect; and
3. the execution, delivery and performance by the Customer of the Agreement have been duly authorised by all necessary corporate action and that the Agreement constitutes a valid and effective and legally binding contract and shall be enforceable against the Customer in accordance with the terms herein.

The Customer undertakes to inform Maxis immediately of any change of the Customer's information provided in the Registration Form, failure to do so shall constitute a breach of terms and conditions of this Agreement and Maxis reserves the right to suspend, disconnect the Services or terminate this Agreement.

The Services are provided on an "as is" basis and the Customer expressly acknowledges that the Services are suitable for its purpose. The Customer accordingly agrees and acknowledges that no condition, warranty or representation of any kind has been given or made by Maxis or the employees, officers, personnel, representatives, customers or agent (collectively "Personnel") of Maxis and its Related Corporations with respect to or in respect of the Services and all other conditions, warranties, guarantees or representation, express or implied, statutory or otherwise, (i) as to the state, quality, description or otherwise of the Services; or (ii) as to its fitness for any purpose, merchantability, non-infringement; or (iii) which arises from a course of dealing, usage, law or trade practice; or (iv) as to performance of any equipment or materials supplied in connection with the provision of the Services; are hereby expressly excluded to the fullest extent permitted by law.

Without prejudice to the foregoing, in the event a court or an arbitrator holds or finds Maxis and/or its Related Corporations liable to the Customer for any breach or default by Maxis and/or its Related Corporations, the Customer agrees that the amount of damages payable by Maxis and/or its Related Corporations shall not at any time exceed the charges paid to Maxis by Customer over the twelve (12) months period prior to the date of the cause of action arising. This limitation of liability is cumulative and not per incident.

In addition and without derogation to Clause 16.2 above, the Customer further expressly consents that Maxis may use and/or disclose his Personal Information as follows:­-

1. to Maxis' shareholders, Related Corporations and affiliated companies for purposes of providing any goods or services to the Customer;
2. to Maxis' agents, contractors, business partners or associates for purposes of marketing programs or providing any goods or services to its Customers;
3. to Maxis' agents or contractors for the purposes of recovering any amount due to Maxis;
4. to payment channels including without limitation, financial institutions for purposes of maintaining financial records, assessing or verifying credit and facilitating payments of any amount due to Maxis pursuant to the Agreement;
5. to regulatory bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime and/or fraud;
6. to any party involved in or related to a legal proceeding, for purposes of the legal proceedings;
7. to other service providers or to parties nominated by Maxis either solely or jointly with other service providers, for purposes of establishing and maintaining a common database of customers; and/or
8. to Maxis' professional advisors on a need to know basis.

Any legal notices or communications to be given by Maxis to the Customer under the Agreement shall be in writing and sent to its last known address or facsimile number. Any notice given by the Customer to Maxis shall be in writing and sent to Maxis Mobile Services Sdn Bhd (formerly known as Malaysian Mobile Services Sdn Bhd), Level 18, Menara Maxis, Kuala Lumpur City Centre, 50088 Kuala Lumpur or to any other address notified by Maxis from time to time or fax to Maxis at +603 2330 0571 (Attention: Head of Broadband Division) or to any other fax number notified by Maxis from time to time. A copy of the said notice shall in addition be sent by the Customer to the Maxis General Counsel Legal Department or faxed accordingly at +603 2330 0576 or to any other fax number notified by Maxis from time to time.

Any notice given pursuant to this Clause shall be deemed to have been served if: