TERMS OF USE
 
 
Acceptance of Terms
By accessing and using PacketEyes web portal at www.packeteyes.com, its content and services you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use PacketEyes web portal, its content and services. PacketEyes reserves the right to change these Terms and Conditions at any time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. These Terms and Conditions govern the use of PacketEyes services provided by I-Pocket Solution Sdn. Bhd. and subscribed to by the Customer to access and use the additional functionalities, information data, images, videos, interactive applications and/or services over the internet, comle networks and/or other networks, as the case may be. I-Pocket Solution Sdn. Bhd. provides the VE Internet Dynamic DNS Service subject to the terms and conditions as specified during the registration process. By completing the registration process and clicking the "Submit" button, you have indicated your agreement to be bound by the terms and conditions of service. Registration can be done via this portal www.packeteyes.com

Description of Services
PacketEyes is a personal service for individual use with a webcam, a broadband Internet PC, and a WAP/GPRS/EDGE enabled colour screen GSM phone which is identified by a unique MSISDN number. PacketEyes is a solution developed by I-Pocket Solution Sdn. Bhd. For the monitoring of homes, offices and etc. to be subscribed by the subscriber to access and use the additional functionalities, information, data, images, video clips, interactive applications and/or services over the Internet and comle networks. Content may only be accessed using the PacketEyes services if all necessary pre-requisites are imposed by PacketEyes are met, subject to change from time to time without further notice. The ability of the subscriber to access and use the PacketEyes services are dependant on:
  1. The features and functionalities of the a subscriber's comle phone; and /or
  2. The availability and stability of the broadband connection.
  3. The nature or quality of the content being accessed.
PacketEyes does not represent, warrant or guarantee that the PacketEyes services shall be error free and that the subscriber's hardware, software or any equipment used to access and use the PacketEyes services including the subscriber's computer and comle phone will be able to access content over the internet or other networks.

The subscriber agrees that PacketEyes shall not be responsible or liable for any loss or damage incurred or suffered by the subscriber or any other person by reason of or arising from or as a consequence of using the PacketEyes services, or the subscriber's inability to access or use, the PacketEyes services, the content available via the PacketEyes services or arising out of any action taken in response to or as a result of any information available via the PacketEyes services.

Use of Services
Users shall not modify, resell, copy, distribute or use the PacketEyes services for any other purpose other than for its intended purpose of use without prior permission from PacketEyes. Any fees imposed by PacketEyes for the use of the PacketEyes services will be stated in the web portal, marketing or communication materials of the PacketEyes services. Use of the PacketEyes services constitutes an acceptance to the fees imposed by PacketEyes. The user shall be responsible for any additional fees imposed by third party services enablers including but not limited to comle network operators or internet service providers for the use of the PacketEyes services. PacketEyes shall not be responsible for any additional fees imposed by such parties for the use of the PacketEyes services.

PacketEyes reserves the right to change the fees imposed for the access or use of the PacketEyes services at any time without prior notice. Any such changes will be reflected in the web portal, marketing or communication materials of the services. Users are responsible to lookout for such changes. User's access or use of the services after such changes constitutes an acceptance of the modified fees imposed for any of the PacketEyes services. In the event that you are unable to pay the fees for the access or use of the PacketEyes services due to whatsoever reasons that include but not limited to insufficient funds on your comle phone, you agree to permit PacketEyes to charge the fees to you at any time later to recover the fees. In the case of services dedication to a third party recipient, PacketEyes reserves the right to charge the fees for the access or use of the PacketEyes services to the recipient of the services at any time in the event that PacketEyes is unable to charge the fees to you as the sender.

By using the PacketEyes services, you agree that PacketEyes has your consent in sending marketing and promotional messages regarding the PacketEyes services to you from time to time a stipulated under Use of Personal Information below.

In order to provide a good level of user experience, some PacketEyes services may only be accessed through selected compatible wireless devices. Users are responsible to ascertain the compatibility of their wireless devices with the PacketEyes services provided through compatibility tables provided in this web portal. While PacketEyes tries its best to update such compatibility tables on a timely basis, users are advised to contact PacketEyes when a selected wireless device is not listed in the compatibility tables or when users are in doubt in regard to the compatibility of their wireless devices with the PacketEyes services, before accessing or using the PacketEyes services. PacketEyes shall not be responsible for any incompatibility between the user's wireless device and the PacketEyes services, unless due to any oversight or error in the compatibility tables provided by PacketEyes.

Notwithstanding any other terms and conditions, PacketEyes reserves the right to annul or alter any element of the PacketEyes services at any time without prior notice. Such alterations are not limited to the availability of the PacketEyes services, their mechanics or pricing structure. Unless explicitly stated, any such alteration will be subject to the Terms and Conditions as stated herein. PacketEyes retains the right to close or annul the PacketEyes services in whole or in part, at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation, or any other event deemed reasonable by PacketEyes at its absolute discretion which shall not be questioned in any manner whatsoever.

Use of Personal Information
Any personal information you provide to PacketEyes through your wireless devices or on this web portal is maintained and accessible by PacketEyes, its related companies or affiliates. PacketEyes may use this information to offer you the opportunity to receive messages or notices regarding other content, products or services of PacketEyes, its related and affiliated companies and to further personalize your PacketEyes experience. PacketEyes may also use this information to send materials to you for marketing purposes, but PacketEyes will take commercially reasonable steps to safeguard the information from unauthorised access. PacketEyes will not disclose any information about any individual user except to comply with applicable law or request or directive from any regulatory authority or governmental body or agency or other valid legal process or to protect the personal safety of our users or the public.

Copyright Notice
This web portal, its contents and PacketEyes services including but not limited to text, graphics, images, logos, button icons, audio and video clips, and software are owned or controlled for these purposes by PacketEyes or its content suppliers and are protected by copyright, trade marks and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content and services on this web portal are the exclusive property of PacketEyes or its content suppliers and protected by copyright. All software used on this web portal is the property of PacketEyes or its software suppliers and protected by copyright

Trademark Notice
This web portal, its content and PacketEyes services include registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word PacketEyes, and PacketEyes logo and I-Pocket Solution Sdn. Bhd. Unless otherwise indicated, they are owned by I-Pocket Solution Sdn. Bhd., and may be the subject of rights in other countries.

You may not use such trademarks or names, except as permitted in these Terms and Conditions or otherwise with the lawful owner's prior written permission.

This web portal, its content and the PacketEyes services may also contain the trademarks of content suppliers which are protected by law, and you may not use these trademarks without lawful owner's prior written permission.

Third Party
Links to third parties included within the web portal or otherwise are not under the control of PacketEyes and PacketEyes is not responsible for the contents for any linked site, or any link contained in a linked site, or any changes or updates to such sites. PacketEyes is not responsible for web casting or any other form of transmission received from any linked site. PacketEyes is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PacketEyes of the site or any association with their operators. Any dealings with Advertisers on the website or any related PacketEyes site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions and warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. PacketEyes shall not be responsible for any part of any such dealings or promotions. PacketEyes is not responsible for any unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website. Further, PacketEyes is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. PacketEyes is not responsible for any content sent using and/or included in the website by any third party.

PacketEyes is a licensed authorized distributor and reseller of content, products and services by third parties. The ownership, title, intellectual property rights, copyrights, design rights, trade secrets of such content and products belong to their respective third party owners. Any trademarks, service marks, design marks, symbols, logos and/or other indicia of source owned or used under license by the third parties, and all goodwill associated therewith.

 User Conduct
You further undertake NOT to use the web portal, its content and PacketEyes services in a manner that may infringe the rights or restrict the use and enjoyment of the web portal, its content and services by any third party, or for any purpose that is unlawful or prohibited under the Terms and Conditions as stated herein and this includes but not limited to:
  1. Conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racial or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation;
  2. Use of material in a manner which infringes any copyright, trademark or any intellectual property right;
  3. Use of material protected by trade secret without due authorization;
  4. Impersonating any person or entity including but not limited to an iNavigate official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  5. Unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network;
  6. Monitoring without authority data or traffic on any network or system;
  7. Using or attaching any viruses, trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or interfering with the service of any user, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on PacketEyes's system(s);
  8. Circumventing any user authentication or security of any host, network or account (cracking or hacking); and
  9. Reproduce, duplicate, copy, resell or exploit for any commercial purpose or otherwise, any part of the content and PacketEyes services provided by PacketEyes or this web portal.
  10. PacketEyes may in its absolute discretion delete or amend the web portal, its content and PacketEyes services and remove or refuse anything that violates the above acceptable use. PacketEyes reserves the right to investigate potential abuses and PacketEyes will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. PacketEyes further reserves the right to suspend or terminate your account or right to access the web portal, its content and PacketEyes services if is discovered that you have violated or attempted to violate any Term and Conditions contained herein.
Service Agreement
The subscriber hereby agrees that:

Subscription and Activation Fees
  1. The subscriber shall pay the relevant fees and charges specified on the PacketEyes as imposed by PacketEyes for monthly subscription to the PacketEyes services and activation of his account and webcam.
  2. The subscriber, can add/activate up to NO limitation of webcams for personal use.
  3. The subscriber can add /modify the webcam's name.
  4. The subscriber can add/remove users by inviting/terminating other users from viewing his webcam as a sharing partner.
  5. The subscriber can view the images from the webcam in still images or video clips depending on the functionality of his comle phone.
  6. A sharing partner can be invited or granted the viewing permission to as many webcams by any number of the owners of camera.
Termination of Service
When the subscriber unsubscribes from the PacketEyes services to terminate his subscription, the following shall apply:

SUBSCRIBER
  1. The subscriber will have access to his account and will be able to view his webcams until 30 days of his last payment. The “subscribe” link will not appear in the Wapsite until after 30 days of last payment. The sharing partner to the subscriber's webcam of the above mentioned will have access to the subscriber's webcam until 30 days of the subscriber's last payment.
  2. When the subscriber's account has been suspended due to failed charges or failed payments, the Customer will have to re-subscribe to the PacketEyes services.
  3. The subscriber being the owner will not be able to add a sharing partner but will be able to view, edit and delete a sharing partner until after 30 days of the subscriber's last payment.
  4. In the event that the subscriber is a sharing partner to other webcam owner, this action shall cause the termination of his viewing rights to the abovementioned webcam.
SHARING PARTNER
  1. The sharing partner will still have access to the webcams to which subscribers have granted the viewing permission to until 30 days of the sharing partner's last payment.
  2. The subscriber's record as a sharing partner will be cleared from the subscriber's list after 30 days of the sharing partner's last payment. Should the sharing partner wish to subscribe back to after 30 days of the sharing partner's last payment, the subscriber will have to reinvite the sharing partner again as the sharing partner will be treated as a new user.
DELETION OF SHARING PARTNER
  1. The subscriber has the sole right to allow or delete their sharing partner by granting or revoking the subscriber's viewing rights to his webcam at any time or in any manner irregardless of when the sharing partner subscribed to the services. PacketEyes holds no responsibility in whatsoever manner directly or indirectly to this action as it is the decision of the subscriber.
DELETION OF CAMERA
  1. In an event that the subscriber deletes his webcam in any manner, the webcam shall be removed completely from the PacketEyes services and should the subscriber decide to reactivate the camera with the same or different name again, the subscriber hereby agrees to pay Activation Fees reactivate the camera again.
Parential Consent
Users below the age of 18 are required to obtain parental consent before accessing and use any of content and PacketEyes services. PacketEyes shall not be responsible for any unauthorized usage of the PacketEyes services by minors without parental consent.

Indemnification
You agree to indemnify and hold PacketEyes, its related and affiliated companies, suppliers, officers and employees, and any authorised representatives harmless from any claims, demands, costs, expenses and damages, including reasonable solicitors' fees on a full indemnity basis, asserted by any third party due to or arising out of your use of or conduct on this PacketEyes portal, its content and PacketEyes services.

Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this PacketEyes portal, its content and PacketEyes services shall be exclusively subject to the jurisdiction of the courts of Malaysia .

If these Terms and Conditions are not accepted in full, the use of this PacketEyes portal, its content and PacketEyes services must be terminated immediately.

This PacketEyes portal, its content and PacketEyes services may be accessed throughout Malaysia and overseas. PacketEyes, its related and affiliated companies make no representation that the content of this PacketEyes portal and PacketEyes services complies with the laws (including intellectual property laws) of any country outside Malaysia . If you access this PacketEyes portal, its content and PacketEyes services from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

Disclaimer
Notwithstanding anything contrary to these Terms and Conditions, this web portal, its content and PacketEyes services, the information, names, images, pictures, logos, audio and icons regarding or relating to PacketEyes, its products and services or to third party products and services, is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. PacketEyes, its related and affiliated companies disclaim and exclude all warranties relating to the PacketEyes services, content, information, services, products or materials included on this web portal including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. In no event shall PacketEyes, its related and affiliated companies, their respective agents and representatives, suppliers, vendors or merchants who have a presence on this PacketEyes be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your access, use of, or your inability to access or use the web portal, its content and/or the PacketEyes services.

PacketEyes, its related and affiliated companies do not warrant that the functions contained in the material contained in this web portal, its content and PacketEyes services will be uninterrupted or error free, that defects will be corrected, or that this web portal, its content and PacketEyes services and the server(s) that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
 
 
Site Map | Privacy Policy | Terms and Condition Copyright © First Wireless Sdn. Bhd. (a subsidiary of Green Packet Group of Companies). All Rights Reserved