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BEOFRENZ TERMS OF USE

Ionnex Sdn Bhd. (“Ionnex”) owns and runs various software services and websites, including but not limited to Beofrenz mobile application and beofrenz.com website, and any part of them, (the “Beofrenz”).

By accessing and using the Beofrenz, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE BEOFRENZ IN ANY MANNER. Ionnex reserves the right to limit or terminate your access to the BEOFRENZ if you do not comply with these Terms of Use.

Ionnex reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Beofrenz after the posting of any changes to the Terms of Use means that you have accepted those changes.

Description of Beofrenz. Beofrenz is a free instant messaging application that runs on website and mobile phones. You understand and agree that the Beofrenz may include content-targeted ads or other related information, as further described below. You also understand that you are subject to your respective mobile telecommunication service provider data transport charges if you use Beofrenz on your mobile phone. In addition, you understand and agree that the Beofrenz is provided on an AS IS and AS AVAILABLE basis. Ionnex disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Beofrenz. Ionnex also reserves the right to modify, suspend or discontinue the Beofrenz with or without notice at any time and without any liability to you.
Personal Use. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Beofrenz. You are responsible for maintaining the confidentiality of your Beofrenz password and account, and are responsible for all activities that occur thereunder. Ionnex reserves the right to refuse service to anyone at any time without notice for any reason.
Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Beofrenz is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Beofrenz in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Beofrenz to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Ionnex; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from usi ng the Beofrenz; (iv) use the Beofrenz for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Ionnex reserves the right, but shall have no obligation, to investigate your use of the Beofrenz in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Content of the Beofrenz. Ionnex takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Ionnex have any obligation to monitor such third party content. Ionnex reserves the right at all times to remove or refuse to distribute any content on the Beofrenz, such as content which violates the terms of this Agreement. Ionnex also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Ionnex, its users and the public. Ionnex will not be responsible or liable for the exercis e or non-exercise of its rights under this Agreement.
Intellectual Property Rights. Ionnex's Intellectual Property Rights. You acknowledge that Ionnex owns all rights, title and interest in and to the Bofrenz, including without limitation all intellectual property rights (the " Ionnex Rights "), and such Ionnex Rights are protected by Malaysia. and international intellectual property laws. The Ionnex Rights include rights to (i) the Beofrenz developed and provided by Ionnex; and (ii) all software associated with the Beofrenz. The Ionnex Rights do not include third-party software, services or content used as part of Beofrenz, including the content of communications appearing on the Beofrenz.
Copyright and Trademark Information

COPYRIGHT NOTICE: Copyright © 2007 Ionnex Sdn Bhd. All Rights Reserved.

“Beofrenz” is a registered trademark of Ionnex Sdn Bhd. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:
- “JABBER®” is a registered trademark, and its use is granted under a sublicense from the Jabber Software Foundation
- “MSN” and the butterfly logo are registered trademarks of Microsoft Corporation.
- “Yahoo!” and “Yahoo! Messenger” are registered trademarks of Yahoo, Inc.

BEOFRENZ IS NOT AFFILIATED WITH OR ENDORSED BY
America Online, Inc., Ionnex Inc., ICQ, Inc., Jabber Software Foundation,
Microsoft Corporation or Yahoo, Inc.

Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Ionnex to participate in the Beofrenz is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Privacy. As a condition to using the Beofrenz, you agree to the terms of the Beofrenz Privacy Policy at http://www.beofrenz.com/privacy as it may be updated from time to time. Ionnex understands that privacy is important to you. You do, however, agree that Ionnex may monitor, edit or disclose your personal information, including the content you transmit/store, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Beofrenz Privacy Policy. Personal information collected by Ionnex may be stored and processed in the Malaysia or any other country in which Ionnex or its agents maintain facilities. By using Beofrenz, you consent to any such transfer of information outside of your country.

Advertisements. As consideration for using the Beofrenz, you agree and understand that Ionnex will display ads and other information as part of your contact list, adjacent to and related to the content of instant messaging chat window. Beofrenz serves relevant ads using a completely automated process that enables Ionnex to effectively target dynamically changing content, such as instant messaging. No human will read the content of your instant messaging conversation in order to target such advertisements or other information without your consent, and no content or other personally identifiable information will be provided to advertisers as part of the Beofrenz.

Account Inactivity. After a period of inactivity of 6 months, Ionnex reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party.

Termination; Cancellation. You may cancel your use of the Beofrenzs and/or terminate this Agreement with or without cause at any time by providing notice to Ionnex at http://www.beofrenz.com; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Ionnex may at any time and for any reason terminate the Beofrenz, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.

Indemnification. You agree to hold harmless and indemnify Ionnex, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Beofrenz, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Ionnex will provide you with written notice of such claim, suit or action.

Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of Malaysia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Beofrenz will be brought solely in Malaysia, and you consent to the jurisdiction of such courts.

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