1.ACCEPTANCE OF TERMS
By using this Site you signify your agreement to all terms, conditions and notices contained or referenced in these TOU. If you do not agree to these TOU, please do not use this Site. You are responsible for regularly reviewing the terms, conditions and notices posted on the Site for any updates. Your continued access to the Site following the effective date of such updates will be deemed to be your acceptance and agreement to the updated TOU.
Indline currently provides users with access to Multimedia Mail, Instant Communications tools, Productivity, Browser, Leisure & Entertainment and User Preference (the “Interactive Services”). You also understand and agree that we may send newsletters, informational, educational or promotional materials to you at the e-mail address you have provided without offering you the opportunity to opt-out of receiving them. Indline reserves the right to change the current Interactive Services or any of its features at any time with or without notice to you. The changes to the Interactive Services or features will be subject to the TOU. You understand and agree that Indline makes no guarantees as to the continuous availability of the Interactive Services or any specific feature of the Interactive Services. Indline assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
You are responsible for providing and maintaining all equipment and other software you need to access the Interactive Services. You are solely responsible for all the equipment and software fees for connection to the Site and Interactive Services by you and by those who access the Site and Interactive Services from your account.
Please be advised that there are certain areas on the Site which contain adult or mature content. You must be at least 21 (twenty one) years old (for Indonesia) or have attained the age of majority in the country where you reside to access and view these areas, otherwise you are deemed as a minor
3.YOUR REGISTRATION OBLIGATIONS
You must: (a) provide true, accurate, current and complete information about yourself as required by the service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Indline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Indline has the right to suspend or terminate your account and refuse any and all current or future use of the Interactive Services (or any portion thereof). In such an event, Indline is not and will not be liable for any cost, loss or damage resulting from the suspension or termination of your account.
In the future, Indline will create an Indline Family Account for children under the age of 18 (eighteen). Parents of children under the age of 18 (eighteen) who wish to allow their children access to the Site and Interactive Services must create an Indline Family Account. To register for an Indline Family Account, you must be at least 21 (twenty one) years old and be able to prove that you are the parent or legal guardian of the child/children listed on the Indline Family Account. By adding a child to your Indline Family Account, you also give your child permission to access all of the Site and Interactive Services, except those with adult content. Accordingly you agree that you will be solely responsible for: (i) the online conduct of the child; (ii) monitoring the child’s access to the Site; and (iii) the consequences of any use by the child.
We advise you to decide whether any of the Interactive Services and/or content are appropriate for your child before allowing your child to use the Interactive Service. You acknowledge that some areas of the Site may contain material that is inappropriate for minors.
A 13 (THIRTEEN) YEAR OLD CHILD OR OLDER MAY BECOME AN INDLINE MEMBER. INDLINE MAY, BUT IS NOT OBLIGED, TO SEEK CONSENT FROM THE CHILD'S PARENT OR LEGAL GUARDIAN FOR THE CHILD TO ACCESS AND USE THE SITE AND INTERACTIVE SERVICES AND TO BECOME A MEMBER.
INDLINE ASSUMES THAT THE PARENT'S OR LEGAL GUARDIAN OF A CHILD UNDER THE AGE OF 18 (EIGHTEEN) YEARS OLD WILL SUPERVISE THE CHILD WHEN HE OR SHE USES THE INTERNET, THIS SITE AND THE INTERACTIVE SERVICES. INDLINE FURTHER ASSUMES THAT THE CHILD HAS OBTAINED THE PERMISSION OF HIS/HER PARENT OR LEGAL GUARDIAN TO USE THE INTERNET, THE INDLINE SITE AND THE INTERACTIVE SERVICES.
INDLINE CANNOT AND WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED FROM THE USE OF THE SITE BY THE CHILD, NOR CAN AND WILL INDLINE BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED FROM THE USE OF THE SITE BY A CHILD WHO DID NOT GIVE HIS/HER CORRECT AGE.
5.MEMBER ACCOUNT, PASSWORD AND SECURITY
You must ascertain that after using the Site and the Interactive Services, you and the authorized users of your account completely log off from your account.
You are responsible for notifying Indline within no later than [48 (forty eight) hours] of any unauthorized use of your account. Indine will not be liable for any loss or damage arising from your failure to do so.
You understand that all materials available on the Site and Interactive Services ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person posted or transmitted the Content.. Accordingly you are entirely responsible for all Content that you post on or transmit through the Site and the Interactive Services. You understand and agree that Indline does not pre-screen, monitor or control the Content posted or transmitted through the Site and the Interactive Services. Accordingly Indline does not guarantee the accuracy and reliability of the Content; your use of the Content is at your sole risk and at your own discretion.
You understand that by using the Site and Interactive Services, you may be exposed to any Content that is unedited, sexually explicit, violent, racist or other types of material which may be offensive, indecent or objectionable to you. Please access the Content at your own discretion.
You agree not to use the Interactive Services to:
a. post or transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, vulgar, obscene, pornographic, profane or indecent in any way including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence or otherwise violate any local, state, national or international laws;
b. orchestrate, promote or actively participate in the development of and/or solicit any form of prostitution, and or the sexual exploitation of others;
c. harm or exploit minors in any way, or participate knowingly in the distribution of child pornography;
d. scan/record and/or capture any other Member’s IP address and or personal information. These activities are not permitted or considered acceptable behavior under any circumstances;
e. impersonate any person or entity or falsely represent your professional or other affiliation with any person or entity;
f. falsify information in the headers to camouflage the source of any content posted or transmitted through the Site and the Interactive Services.
g. post or transmit or otherwise make available any Content obtained from fiduciary relationships or contractual relationships, if you do not have the right to publish such content to the public under these relationships or under any law.
h. post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party without first obtaining permission from the owner;
i. intentionally or unintentionally or ask a third party to modify, reformat, copy, reverse engineer, decompile, disassemble, display, distribute, transmit, license, create derivative works from, transfer or sell any source code, object code, the Site information, products or services obtained from Indline, except as permitted by the Indline Membership Agreement or under the applicable laws;
j. post or transmit or otherwise make available either directly or indirectly junk or bulk e-mail, "chain letters," "pyramid schemes" any unsolicited or unauthorized advertising, promotional materials (“Spam”) or any other form of unauthorized solicitation, except in those areas that are designated for such purposes. Indline may use filtering technology or other measures in its efforts to stop Spamming activities;
k. post or transmit any material that could harm the Site and Interactive Services or any other member. Unacceptable conduct includes, but is not limited to, trying to gain access to any account, computers or networks related to the Interactive Services without authorization, hacking the software, stealing the account or user name or nickname of another member, sending a Trojan, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or attempting, soliciting or abetting any of the above;
l. post or transmit comments containing harassing or offensive language, using sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or otherwise interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
m. intentionally or unintentionally violate any applicable local, national or international law, including, but not limited to, any rules of any nation and any regulations having the force of law;
n. use the Site to collect or store personal data about other users;
o. use the Site for commercial purposes, lotteries, or gambling that are in any way unlawful or harm Indline, its affiliates, partners or any other user;
p. create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings. Indline will not allow you to create a room having a title, banner, statement, promotion, bot or user nick name that will trigger argument or hatred for any political group, religion, race, or ethnic group. Indline reserves the right to close the room or ban the Member responsible and at its sole discretion to restrict the group activity of any known or suspected hate group or other similar organization;
q. encourage or instruct any other individual to do any of the foregoing or to violate any term of the Indline Membership Agreement, TOU or any Indline policies;
r. take any action which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Member, including, without limitation, leaving positive feedback for yourself or any other Member, using secondary usernames or third parties, or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.
You understand that Indline has no obligation to pre-screen, monitor or control the Content that may be available on the Site. Indline reserves the right at all times to disclose any information regarding the Content, or to remove any information or materials, in whole or in part, that in Indline's sole and absolute opinion are unlawful, objectionable and harmful. Indline is not responsible for any failure or delay in removing such Content. Use of the Indline Site constitutes consent to this activity by Indline.
You acknowledge and agree that Indline may preserve the Content and may also disclose the Content if required to do so by the competent authorities, law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Indline, its users and the public. You agree to cooperate fully with Indline to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Indline representatives access to any password-protected portions of your Member account.
7.SPECIAL WARNINGS FOR INTERNATIONAL USE
Indline makes no representation that materials on the Site are appropriate or available for use in any other territory than the Republic of Indonesia. You are obliged to comply with the local laws prevailing where you reside regarding online conduct and the transmission of electronic data.
8.CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
• With regard to any Content you post on the Site, you grant Indline world-wide, royalty free and non-exclusive license(s), as applicable, to use, distribute, have distributed, reproduce, modify, adapt, publicly perform and/or publicly display and promote such Content anywhere and for any purpose;
• You warrant and represent that you own or otherwise control all of the rights to the Content and that public posting and use of your Content by Indline will not infringe or violate the rights of any third party. Indline will not assume any liability or responsibility for any intellectual property infringement arising from any Content you post on the Site and Interactive Services
This license exists so long as you post the Content on the Site and will terminate at the time you remove or Indline removes the Content from the Site.
You agree to indemnify and hold Indline, its affiliates, officers, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from any Content you contribute to the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another as well as any loss or damage arising from any Content you download from or upload to the Site.
10.NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11.GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Indline reserves the right, at its sole discretion, to limit the maximum number of days and the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive. You further acknowledge that Indline is entitled to change these general practices and limits at any time, at its sole discretion, with or without notice.
12.MODIFICATIONS TO SERVICE
Indline is entitled to modify the Site and the Interactive Services from time to time, with or without notice, including the right to temporarily or permanently discontinue the Site and Interactive Services. You understand and agree that Indline will not be liable to you or to any third party for this action.
Indline is entitled to terminate your account at any time, with or without notice, following continuous violations of the TOU and the Membership Agreement by you and after you have been given a first, second and third/final warning and for other causes such as a request from the competent authorities or from you or unexpected technical issues. Indline does not issue fee refunds.
Upon termination of your account, all rights granted to you under the Membership Agreement will immediately cease and terminate and any information you have stored on the Site may not be retrieved later. Termination of your account does not release you from the obligation to pay all accrued charges under the Membership Agreement. You acknowledge that all terminations for cause will be made at Indline's sole discretion and that Indline will not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
For the purpose of the termination process, Indline and you agree to waive Article 1266 of the Indonesian Civil Code to the extent that judicial approval will be required as a pre-condition to terminate this Agreement.
14.DEALINGS WITH ADVERTISERS
Indline encourages you to exercise discretion while accessing any advertisement site, dealing with or participating in promotions of advertisers available on the Site. Your correspondence with the advertisers is solely between you and the advertisers. Indline will not be responsible for any loss or damage arising from such correspondence or the presence of the advertisers on the Site.
The Site offers access to other World Wide Web sites or resources. Indline does not own or control all sites linked to the Site. You therefore acknowledge and agree that Indline cannot assume responsibility for the accuracy, content, completeness or legality and is not responsible or liable for any content, copyright or other intellectual property rights compliance, legality, decency, advertising, products, of other materials on or available from such sites or resources. You further acknowledge and agree that Indline will not be responsible or liable, directly or indirectly, for any damage or loss arising from or in connection with the use of or reliance on any such information or material available on or through any such site or resource. Your access to other World Wide Web sites or resources is at your sole risk and at your own discretion.
16.INDLINE'S PROPRIETARY RIGHTS
You acknowledge and understand that the Content available on the Site and any software (“Software”) required to access the Site and Interactive Services are protected by copyright, trademark, patent and other proprietary rights.
You are not entitled to (and must not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right to use the object code contained in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site and Interactive Services. You agree not to access the Site and Interactive Services by any means other than through the interface that is provided by Indline for use in accessing the Site and Interactive Services.
In no event will Indline be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of Content downloaded from the Site. Content may be downloaded for personal use only. Permission to reproduce any Content in whole or in part except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate intellectual property rights holder(s).
17.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE INTERACTIVE SERVICES AND THE INTERNET BY YOU AND ANY USERS USING YOUR ACCOUNT. THE INTERACTIVE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDLINE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENT. INDLINE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH INDLINE OR ON THE INTERNET GENERALLY.
b. INDLINE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM RESULTING FROM ANY MATERIAL DOWNLOADED FROM THE SITE OR THE INTERACTIVE SERVICES. YOUR ACCESS TO THE MATERIAL AVAILABLE ON THE SITE AND THE INTERACTIVE SERVICES WILL BE AT YOUR OWN DISCRETION AND RISK.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, GIVEN BY INDLINE, ITS EMPLOYEES, AFFILIATES OR PARTNERS, OR CONTRACTORS WILL CREATE A WARRANTY.
18.LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL INDLINE, ITS EMPLOYEES, AFFILIATES OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INDLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OF YOUR ACCOUNT OR THE INTERACTIVE SERVICES OR YOUR INABILITY TO USE THE INTERACTIVE SERVICES; (ii) YOUR RELIANCE ON OR USE OF THE INFORMATION OBTAINED FROM THE SITE; (iii) THE COST OF PROCUREMENT OF MERCHANDISE, GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INTERACTIVE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE INTERACTIVE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE INTERACTIVE SERVICES.
19.EXCLUSIONS AND LIMITATIONS
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT RECOGNIZED. IF THIS IS THE CASE, SOME OF THE LIMITATIONS PROVIDED IN SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20.SPECIAL WARNINGS FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Interactive Services, please read the above Sections 17 and 18 again. They apply doubly for you. The Interactive Services are provided for informational purposes only, and no content included in the Interactive Services is intended for trading or investing purposes. Indline and its licensors will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Interactive Services, and will not be responsible or liable for any trading or investment decisions made based on such information.
Indline may provide notice to you by one or more of the following methods: electronic mail addressed to your email account, general posting to the Site or by mail or courier service at the address you provide to the Site when you register for the Service.
Indline, the Indline logo, trademarks and service marks, and other Indline logos and product and service names are trademarks of PT. Indonesia Lintas Net (the "Indline Marks"). You agree not to display or use the Indline Marks in any manner, without Indline's prior written permission.
The TOU will be governed by and construed in accordance with the laws of the Republic of Indonesia. All disputes arising from or in connection with the TOU will be settled amicably between Indline and the member. Failing such amicable settlement, you and Indline agree to submit to the jurisdiction of the arbitration board in accordance with the Rules of the Singapore International Arbitration Center in Singapore.