TERMS OF USE AGREEMENT
The USER by the act of conducting a SESSION with this OPERATOR WEBSITE, is agreeing, by conducting such an act, to be subjected to the Terms of Use specified in this AGREEMENT and that this AGREEMENT is intended to protect all parties from liability.
Consequently, the OPERATOR shall allow the USER to conduct such a SESSION under this AGREEMENT.
1. Definitions
1.1 AGREEMENT - refers to this Terms of Use Agreement
1.2 OPERATOR - refers to the entity Secits Inc. with BN:855520169, in Canada, in the jurisdiction of Ontario, operating under the licenced trademark TECHNOCORP.
1.3 OPERATOR WEBSITE - refers to any website identified by a TECHNOCORP domain and trademark, and operated by the OPERATOR.
1.4 BUSINESS - refers to the provisioning and delivery of web hosting and email services using the Business Operating System Engine software,
including the issuing and management of licences for the use of the Business Operating System Engine software, charging applicable fees, providing access and management for
related content, information, website code, images and files, software documentation, promotions, advertisements, communication services, third party software and components, computer accessories and devices to support and facilitate these services.
1.5 SERVICE - refers to the ability to access and execute website code, website configuration, information, content, images, video, audio, files, documents and services for the BUSINESS of the OPERATOR, delivered through the public internet from the OPERATOR WEBSITE on leased resources and facilities under the jurisdiction of Spain.
1.6 SESSION - refers to the act of executing parts or all of the SERVICE.
1.7 USER - refers to the person or entity conducting a SESSION, includes a designated entity or representative legally authorized to act on behalf of the USER.
1.8 CLIENT - refers to a USER holding a "Terms of Service Agreement" with the OPERATOR for web hosting services on the Business Operating System Engine software.
1.9 EVIDALIA - the OPERATOR is reselling or leasing the computer hardware and accessories resources and facilities provided by Evidalia Web S.L. with CIF: B97416192, in Spain, in the jurisdiction of Valencia.
2.0 TOU - refers to this AGREEMENT.
2. General Information
2.1 TECHNOCORP is a registered trademark or a trademark in Canada, the European Community, U.S.A., Asia and other countries.
2.2 Information about the businesses licenced to operate under the TECHNOCORP trademark are identified at WWW.TECHNOCORP.COM by the owner of the TECHNOCORP trademark.
2.3 The USER understands and acknowledges that the OPERATOR does not own any software for the SERVICE,
nor the computer hardware and accessories resources and facilities delivering the SERVICE, and that the SERVICE is delivered from leased or resold computer hardware and accessories resources and facilities, provided by EVIDALIA in Spain and therfore governed by the laws of Spain, and that the intellectual properties are governed by laws in the jurisdiction of their respective owners.
2.4 The USER must become a CLIENT before access can be granted to the services and information on the OPERATOR WEBSITE.
2.5 The USER, that is not a CLIENT, may not receive support from the OPERATOR on a SESSION.
2.6 For the integrity and security of the BUSINESS, any machine or device connecting to the public Internet has to be assigned a public unique identification code by the ISP, which may contain the IP address provided by the ISP for the connection.
The OPERATOR reserves the right to block or prevent a USER from conducting a SESSION without this identification code or in breach of this AGREEMENT.
Note, this identification code is available throughout the route taken to access a website and is used to establish the SESSION and it may be displayed to the USER if stored in the SESSION record. To see the route taken to the OPERATOR WEBSITE from the USER machine or device, and the routers to which the identification code may be available, use the tracert command.
3. Disclaimer
3.1 The USER agrees and acknowledges that the Internet is a complex public network of equipment, information and technologies from third party providers, where it may not be possible to conduct a SESSION at all times, and that parts or all of the SERVICE may not be available or fully functional or production ready.
3.2 The USER agrees and acknowledges that the complexity of the Internet makes it impossible to guarantee the availability, reliability and security of the SERVICE in a SESSION.
3.3 The USER agrees and acknowledges that hardware and software manufacturers may provide updates to their respective hardware and software that may improve the availability, reliability and security of the SERVICE in a SESSION, but that such updates usually follow after a problem is identified and may not be timely.
3.4 The USER acknowledges that the SERVICE is delivered from servers publicly accessible through the Internet, where it is beyond the power of the OPERATOR to restrict such access and to guarantee that any part or all of the SERVICE, including USER files, data, applications and content can be fully secured, reliable and available.
3.5 The USER is notified that the security of a SESSION cannot be guaranteed through a public route to the OPERATOR WEBSITE, even under an SSL encryption certificate. It is possible for a SSL connection to be unsecured if it crosses a network boundary that is configured to proxy traffic through the route for inspection.
3.6 The OPERATOR makes no guarantee of the accuracy, correctness, or completeness of any information on the OPERATOR WEBSITE and is not responsible for any errors or omissions, including but not limited to any failures, delays, interruptions, or losses or damages arising from the use of such information.
3.7 The OPERATOR assumes no responsibility for network or system outages or speed, delays, file corruption, deletion, damages, delivery failures, loss of data, or any failures, including failure to store any USER communications, data, personalization settings or configurations.
3.8 The USER acknowledges and agrees that the OPERATOR is not liable for any failure or delay in conducting its duties for the delivery of the SERVICE as a consequence of circumstances beyond its control, including but not limited to, fire, flood, wind or water damages, strike or other labour disturbances, internet (including DNS propagation) or telecommunications failures and delays, acts of any government body, war, rebellion, software or hardware failures, and power failures.
3.9 The OPERATOR may also link to or include on its websites resources and information from other providers.
The OPERATOR makes no guarantee for the reliability of this information, nor does the inclusion of this information imply a recommendation for the service by the provider; these are merely provided to assist the USER or CLIENT and to provide possible added value to the SERVICE.
3.10 The OPERATOR may advertize third party products and services through the OPERATOR WEBSITE or SERVICE.
The OPERATOR makes no representation of guarantee, warranty, reliability and quality, nor imply any recommendation, for any such products or services; these are merely provided to assist the USER or CLIENT and to provide possible added value to the SERVICE.
3.11 The OPERATOR may choose to upgrade the SERVICE at anytime without any consultation or notice to the USER.
3.12 The OPERATOR reserves the right to make any modifications to the SERVICE in an emergency at its sole discretion or disable as necessary any part or all components of the SERVICE that does not comply with its established policies.
3.13 The USER agrees that any threat, insulting or abusive treatment towards the OPERATOR and its workers or employees may damage any business relationship between the USER and the OPERATOR and will result in the OPERATOR terminating all communications with the USER, at which point the OPERATOR reserves the right to interpret such treatment as a breach of this AGREEMENT,
resulting in the termination and blocking of any USER SESSION.
3.14 At the sole discretion of the OPERATOR, a USER violating this AGREEMENT may result in the termination and blocking of any USER SESSION and/or, if deemed appropriate, be legally prosecuted.
4. User Access
4.1 The USER requires a business email address to gain access to restricted services, communication services, protected information, under a SESSION conducted with the OPERATOR WEBSITE.
4.2 The USER seeking and becoming a CLIENT, agrees to allow the primary use of the USER email for provisioning of the services by the OPERATOR, and in the creation of a USER account which requires the email address,
along with the USER name, partial date of birth (month and day), SMS number, SIP information, phone number, address, and gender. These are used collectively to identify the USER as a CLIENT.
The USER agrees for this information to be stored in a database on the OPERATOR WEBSITE and agrees and acknowledges that this information will not be stored encrypted in the database,
in order for the communication and verification parts of the SERVICE to function properly and optimally.
4.3 For access to be granted to restricted services and protected information on the OPERATOR WEBSITE,
the SESSION must be created with the USER email address, name, SMS number (if available), SIP information (if available) and phone number.
Note, after the generation of a SESSION, and at the discretion of the USER, the USER may allow its computing device to provide the GPS location information to the SESSION.
4.4 The USER as a CLIENT agrees and understands that the avatar image, used to represent the USER,
is not private, and that it is at the discretion of the USER that this image may be replaced with a personal image.
The USER accepts all risks and consequences in doing so. The user is not permitted to use an image of another person, or public or well-known figure, without legal authorization.
4.5 The USER agrees that the OPERATOR is not required to monitor the SESSION,
and may be required to take additional steps to optimize the OPERATOR WEBSITE and minimize of its operational expenses, which may result in the deletion of SESSION records at the convenience of the OPERATOR.
4.6 The USER agrees that the SESSION connection may be terminated at any time, without prior notice,
and to allow the OPERATOR to retain the SESSION record for as long as it is convenient for the OPERATOR to do so.
4.7 The USER agrees that the OPERATOR has the right to delete information for the safe operation of the OPERATOR WEBSITE, and in consideration for the security of all users, including to take actions for the minimization of operational expenses.
4.8 The USER agrees to choose an ALIAS that is not a term,
word or groups of letters that are insulting, abusive, contrary to law, morality or good practice, nor shall the ALIAS be a mark,
establishment sign, advertising expression, name or pseudonym of a public or well-known figure, without legal authorization. The OPERATOR reserves the right to replace the ALIAS or reassign it to another USER.
4.9 The USER empowers the OPERATOR to reproduce, copy, use and propagate all and any part of the USER information for ensuring and operating the SERVICE. The OPERATOR is granted the right to access all necessary information for providing the SERVICE.
4.10 The USER agrees to ensure that it properly terminate a secured SESSION, by logging out of the SESSION.
5. User Responsibilities
5.1 The USER agree not to connect to the OPERATOR WEBSITE from a device that is infected with malware, and to knowingly do so to probe the security of the OPERATOR WEBSITE.
The USER agrees to immediately notify the OPERATOR of any security violation encountered with use of the SERVICE.
As a CLIENT, the USER agrees to securely connect to the OPERATOR WEBSITE using the HTTPS protocol to access restricted services, communication services, and protected information.
5.2 The USER is in charge of, and is responsible for, all information, contents, data and materials appearing online on the OPERATOR WEBSITE, including:
- the accuracy and relevance of the information, content, data and materials to the USER;
- not providing any content, points of distribution, or 'links' to sites that:
- infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation in Spain;
- contain software/programs, like viruses, viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, etc., that may damage the operation of a third party`s computer or property;
- ensuring that any software, content, usernames or aliases, data and materials do not violate or infringe upon the rights of any person or entity, and that it owns or possesses the right to use such content, data or materials:
- Copyright materials, trademark, patent, trade secret or other intellectual property must not be placed online without proof of written authorization by the owner(s) or the person(s) they specifically authorize. Only the owner(s) can place copyright materials, patents, trade secrets or other intellectual properties online.
- Upon receipt of a notice of a claimed copyright or intellectual property infringement, after confirmation, the OPERATOR will provide notice to terminate the SERVICE and will do so unless the allegedly infringing material or property is removed from online, or proof of authorization is provided to the OPERATOR for the use of the material or property. The USER agrees that the OPERATOR has no liability to the USER for the removal of any such material or property.
- ensuring the security and confidentiality of any user data (including, without limitation, user credit card numbers) that it receives and agrees to not post such information to the OPERATOR WEBSITE;
- owning or possessing the right to use any software, content, data and material, including all text, graphics, sound, music, video, software, programming, scripts and applets, and that such use, reproduction, propagation and transmission of any software, content, data and materials placed on the OPERATOR WEBSITE will not infringe nor abuse any copyright, patent, trademark, trade secret nor any other proprietary right of a third party;
- not to post the personal or private information on children without verifiable parental consent;
- not to partake in illegal activities, fraud schemes, false advertising, unfair competition, vilification, privacy intrusion;
- the responsibility to not contravene any laws in Spain.
5.3 The USER agrees for the information, content, files and messages, to be stored on the OPERATOR WEBSITE unencrypted. The USER may encrypt information. The USER may not store personal information online.
5.4 The USER is aware that any information shared with another user cannot be deleted and that the act of disclosing information cannot be undone. The consequence for the USER failing in its responsibilities or obligations may result in legal action or criminal prosecution.
5.5 The USER must not participate in or allow any third party to reverse engineer, reverse compile or otherwise derive the underlying source code or structure or sequence of the software provided with the SERVICE, which will result in the termination of the SERVICE and legal action or criminal prosecution.
5.6 The USER is prohibited from posting, disclosing, providing, selling, or offer to sell its account details, SERVICE information or associated information to any third party, and is required to seek authorization from the OPERATOR before posting, disclosing, providing, selling or offering SERVICE related information to anyone. Failure to comply with this requirement of the AGREEMENT can pose a system or network security threat to the SERVICE and the BUSINESS:
- the OPERATOR cannot and will not be held liable for any loss or damage arising from the failure of the USER to comply with this provision;
- failure to comply with this provision, causing any adverse effect to servers, the network, and ultimately the SERVICE which impacts all users, CLIENTs, including the BUSINESS, is subject to criminal and civil liability, as well as immediate termination of the SERVICE.
5.7 The USER is prohibited from violating the system or network security and integrity, including, but not limited to, unauthorized access, use of probe, rootkit, system security scans, or unauthorized data and traffic monitoring, or server overloading or over flooding activities, forging of any TCP/IP packet header, e-mail bombing, flooding, or deliberate attempts to overload a system or network, or which impacts or interferes with the ability of the OPERATOR to deliver services to CLIENTS. Failure to comply with this requirement of the AGREEMENT will result in immediate termination of the SERVICE, and criminal or civil action may be taken against the USER.
6. Prohibited Use
6.1 As a condition for use of the SERVICE, the USER is prohibited from using the SERVICE for any purpose that is unlawful or prohibited by this AGREEMENT,
including but not limited to, the use of the SERVICE to communicate, or transfer any exploitative, abusive or pornographic data of a child, and any unlawful or prohibited use of the SERVICE will result in immediate termination of the SERVICE with legal action.
6.2 The USER must not attempt to gain unauthorized access to any restricted or protected part of the SERVICE, CLIENT accounts and information,
computer systems or networks connected to the SERVICE, through hacking, password mining or by any other means.
The USER is prohibited from obtaining or attempting to obtain any materials or information through any means not intentionally made available through the SERVICE.
7. Communication Services
7.1 Email Service
7.1.1 The USER may be provided with email service.
7.1.2 The USER agrees that the OPERATOR is not responsible for any delays, failure to receive, failure to transmit or loss of emails in using the SERVICE.
7.1.3 The USER acknowledges that the Internet may not directly route emails between Spain and the jurisdiction of the USER or recipient, and that there is no privacy to any message sent by email.
7.1.4 The USER acknowledges that the SERVICE may be terminated, with or without notice, and legal actions may be started to the full extent of the law, if the USER and its users are involved in, and not limited to,
- the sending of unsolicited bulk emailing and spam which provoke complaints from recipients;
- the sending of junk mail;
- the use of emails for fraudulent schemes and activities like phishing and identity theft;
- the posting of commercial advertisements to USENET newsgroups that do not permit them;
- the posting of messages containing binary encoded data to a non-binary newsgroup;
- the excessive and repeated cross-posting or posting of off-topic messages to newsgroups;
- the excessive sending or receiving of over 200 email per hour or more than 2048 emails per day;
- the use of emails for the harassment of individuals, including but not limited to, communicating libelous materials or communicating obscene materials to a minor;
7.2 Open Business Chat With Video Service
7.2.1 This beta service is under development and can be used by a prospective CLIENT. It runs on the Birdy web window application provided by the Business Operating System Engine software, to conduct a one-on-one business chat between users.
7.2.2 The USER may use this service, which requires valid email addresses to which links can be sent to initiate the communication service between the USER and a recipient expecting to receive such a request from the USER.
7.2.3 The OPERATOR reserves the right to submit text based links containing promotion or advertizing codes from sponsors, in the email containing the connecting links for the chat service. No recommendation, verification or other representation is made to the USER, by the OPERATOR, with regards to the promotions and advertisements.
and any decision by the USER to freely visit any such link is entirely the responsibility of the USER. Any subsequent decision by the USER to conduct business with a sponsor is entirely the responsibility of the USER and any such transaction is between the USER and the sponsor.
A sponsor may require verification that a link was provided to the USER, and the USER agrees that the OPERATOR can allow the sponsor to perform such an audit.
7.2.4 The USER is prohibited from using this service to conduct illegal or unlawful activities. Connections to the internet are not anonymous and can be traced back to the USER. The USER is prohibited from contacting a recipient that wishes to terminate all business relationships with the USER. Violating these restrictions may result in the USER being permanently blocked from access the OPERATOR WEBSITE.
7.2.5 The video service for chatting, if available, is provided for FREE by the independent third party provider TokBox Inc. and the OPERATOR cannot guarantee the availability, quality and security of the video service.
7.2.6 This service is provided "AS IS" without any warranty and its reliability cannot be guaranteed. It is not possible to obtain support on this service. The OPERATOR cannot guarantee the security of this service. Do not send personal information through the service.
7.3 Birdy
7.3.1 Birdy is a beta web window application in the Business Operating System Engine software.
7.3.2 This text based chat service is provided "AS IS" without any warranty and its reliability cannot be guaranteed.
7.3.3 The USER agrees not to transmit personal information over Birdy.
7.3.4 The USER agrees to only send Birdy appointment invitations to established business contacts, known to the USER.
7.3.5 The USER agrees to implement an authentication method with the other party, for any use of Birdy, especially without audio/video.
7.3.6 The USER agrees not to conduct fraudulent schemes and illegal activities with Birdy. The USER agrees not to
forward a Birdy appointment invitiation received by email, and to delete any such email, if receipt was in error.
8. No Service Guarantees
8.1 While the OPERATOR strives to achieve a 99.8% network uptime, there can be no guarantees for the continuous availability of the SERVICE,
and the OPERATOR cannot guarantee the continuous availability of the SERVICE, as problems may arise from:
- server hardware failure
- purposeful interruption(s) of the SERVICE
- user or SERVICE error(s)
- software failure
- internet or connection failures
- the delay or inability of the OPERATOR to restore the system from a backup after a failure
8.2 The reported uptime is by the operating system and the web server, which may differ from the uptime reported by other services.
8.3 The USER is prohibited from using probing techniques and tools to monitor the OPERATOR WEBSITE.
9. Third Parties
9.1 The USER agrees that any dealings with any third parties, including participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between the USER and the third party. The OPERATOR cannot be held responsible or liable for any part of such dealings.
10. Change of Terms
10.1 The USER agrees and acknowledges that the OPERATOR reserves the exclusive right to revise, change or amend any portion of this AGREEMENT from time to time, without advance notification to the USER, and that the USER is solely responsible to check for such changes, follow up and comply with them.
11. Termination
11.1 The USER agrees that the OPERATOR, in its sole discretion, at any time may terminate the SERVICE, or any part thereof, without any notice to the USER, as well as remove and discard any content, software, data, code, if the USER violates this AGREEMENT.
12 Severability
12.1 In the event that any provision of the AGREEMENT is held to be invalid, unenforceable, or illegal in any jurisdiction, such provision shall be ineffective only to the extent of such invalidity or unenforceability and shall be severed from the balance of this AGREEMENT without invalidating or affecting the remaining provisions of this AGREEMENT, which remain in full force and effect.
13. Entire AGREEMENT
13.1 This AGREEMENT encompasses the entire agreement and understanding between the parties with respect to the matters dealt with in this AGREEMENT. The parties acknowledge and represent that they have not relied on any representation, warranty, guaranty, promise or other assurance, except those set out in this AGREEMENT.
14. Accepting the Terms
14.1 The USER consents to be bound by and must comply with all of the provisions in this AGREEMENT for the SERVICE. This AGREEMENT will be enforced for the protection of all parties involved in the delivery and consumption of the SERVICE.
14.2 This AGREEMENT is effective as of the date the USER conducted a SESSION with the OPERATOR WEBSITE.
14.3 By conducting a SESSION with the OPERATOR WEBSITE, the USER agrees and understands that this action represents its electronic signature of this AGREEMENT.
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