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Terms of Service
Ray Pac Multimedia Pte Ltd provides online testing services including testing software,
ready-made tests, test hosting, data storage, other testing and assessment related
services to you under the following terms, which may be updated from time to time
without notice to you:
Content and Responsibilities
You are solely responsible for the content of your postings. These include
information, data, files, images, sound, videos, etc. You also warrant that you
have all necessary rights to lawfully submit any information or material that is
uploaded to the Internet, including all intellectual property rights.
You agree not to use the service for unlawful purposes including infringement
of patent, copyright or trademark, misappropriation of trade secrets, wire fraud,
illegal pornography, obscenity, defamation, invasion of privacy, interference or
disruption of other network users, network services, or network equipment.
Disruptions include, without limitation, distribution of unsolicited advertising,
'junk' mail, spam, 'pyramid' schemes, 'chain letters', repeated harassment of other
network users, wrongly impersonating another user, falsifying one's network identity
for improper or illegal purposes, propagation of computer viruses,
using the network to make unauthorized entry to any other machine accessible
location, via the network, and distributing of tools designed for compromising
security (i.e. including, but not limited to, password guessing programs,
cracking tools or network probing tools).
You agree not to publish or transmit any unlawful, harmful, threatening,
abusive, harassing, defamatory, or racially or ethnically derogatory content,
or any content expressing hate towards any person or groups of persons due to race,
religion, color, creed, national origin or sexual orientation.
Ray Pac Multimedia may suspend or terminate your account immediately, without
prior notice, if Ray Pac Multimedia believes, in good faith, that you are
utilizing the Services for any such illegal or disruptive purpose.
You agree to defend, indemnify, and hold Ray Pac Multimedia harmless from and
against all liabilities, judgments, claims, damages, settlements, expenses and costs
(including reasonable attorneys' fees and litigation expenses) arising out of or
relating to any and all claims by any person relating to the use of the Services,
including, but not limited to, use of the Services without
consent of the Customer.
Account, Paswords and Security
You are responsible for preserving the confidentiality of your password and account,
and are fully responsible for all activities that occur under them. User-id and
password should not be shared.
You agree that Ray Pac Multimedia will not be held liable for any loss or damage
arising from your failure to comply with the security requirement.
Assignment
You may not assign this Agreement, in whole or in part, either voluntarily or by
operation of law, and any attempt to do so shall be void and a default of
this Agreement.
Service Interruptions
Internet services are never perfect or trouble-free despite best effort to prevent them from occuring.
As such, our services should not be used for mission-critical purposes.
Ray Pac Multimedia shall not be liable for any failure, loss of data
or delay in performing its obligations hereunder if such failure or delay is due to
circumstances beyond its control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood,
lighting, tempest, epidemic, Act of God, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of or delay in
telecommunications or third party services, system failure, failure of third party software or
inability to obtain supplies or power used in or equipment needed
for provision of the services.
Maintanence
From time to time, Ray Pac Multimedia or their agents may conduct routine
tests, maintenance, upgrade or repair on any part of the System. It endeavours to
give you prior notice thereof. You acknowledge that there may be
instances where it is not practicable for Ray Pac Multimedia to give advance
notice of a disruption, like for example, in the event of an emergency or any event
beyond their control, and hence Ray Pac Multimedia shall be entitled to
disrupt the services to conduct restoration and remedial works without prior notice.
Termination
Ray Pac Multimedia reserves the right to terminate this Agreement immediately
without prior notice and to discontinue the service if Ray Pac Multimedia believes
that you are in violation of or acted inconsistently with the spirit of the Terms of
Service herein.
You agree that Ray Pac Multimedia may immediately deactivate or delete your account
including all related data and files belonging to you and/or bar you from any
further access to such data and files or Ray Pac Multimedia's services.
You also agree that Ray Pac Multimedia shall not be liable to you or any
third-party for any termination of your access to Ray Pac Multimedia's services.
Disclaimer of Warranties
Ray Pac Multimedia makes no express or implied warranties that your use of our
Internet site will be uninterrupted, timely, error-free or secure.
The security mechanisms implemented by Ray Pac Multimedia may have inherent limitations,
and you must determine for yourself that the web site sufficiently meets your requirements.
Ray Pac Multimedia specifically disclaims all warranties, whether express or implied,
including but not limited to, the implied warranties of merchantability
and fitness for a particular purpose.
You agree that Ray Pac Multimedia shall not be liable for any losses or
damages of any kind to you including, but not limited to, those that may result
from service interruptions, delays, non-deliveries, or mis-deliveries.
Materials downloaded or obtained through the use of Ray Pac Multimedia's Services
is done at your own discretion and risk and you are solely responsible for any
damage to your computer system or loss of data resulting from such action.
Indemnification
You agree to indemnify, defend and hold harmless Ray Pac Multimedia, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, liabilities, judgments,
claims, damages, settlements, expenses and costs (including reasonable attorneys'
fees and litigation expenses) resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing the
Service.
Limitation of Liability
Ray Pac Multimedia's liability to you
(either directly or as a third party defendant in any action or proceeding)
for any claim arising out of or relating to this Agreement or the provision
of any services under Agreement (including, without limitation, maintenance
and support) shall be limited to the amount of fees paid by you to
Ray Pac Multimedia under this Agreement within one year preceding the
date you contend the claim arose.
In no event shall Ray Pac Multimedia be liable for any loss of data, loss of profits,
or any other special, incidental, consequential, indirect or punitive damages,
however caused and regardless of theory of liability.
Advertising
Ray Pac Multimedia may include your name and contact information in directories
of Ray Pac Multimedia service subscribers for the purpose of promoting the use of
the Services. Ray Pac Multimedia will not use your name or other
identifying information in any other advertising or promotional materials,
without your prior written consent, which may not be unreasonably withheld.
Release of Information
Ray Pac Multimedia reserves the right to release the contact
information of the Customers involved in violations of system security to
system administrators at other sites, in order to assist them in resolving
security incidents. Ray Pac Multimedia will also fully cooperate
with law enforcement authorities in investigating suspected lawbreakers.
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