MyWeb Software, LLC. Terms of Use
Updated: November 2006
This is a contract between you (an individual or a business entity) and MyWeb Software, LLC (or, if applicable based on where you live, one of its affiliates). It covers your use of this network of MyWeb web properties, which includes software, download areas, communication forums, product information and services. We refer to these all as the "Web Sites." You represent that you are at least 18 years of age and have attained the age of majority where you live. You also represent that any information you submit is true and correct.
You may only use the Web Sites if you agree to these terms. If you do not agree, do not use the Web Sites. These terms contain disclaimers of warranty and liability, exclusive remedies and indemnity obligations. These sections are an essential part of our bargain.
On this Page
HOW MYWEB MAY MODIFY THIS AGREEMENT
MyWeb reserves the right to change the terms, conditions, and notices under which it offers the Web Sites, including any charges associated with the use of the Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Web Site. Your continued use of the Web Sites after the effective date of such changes constitutes your agreement to them.
ADDITIONAL TERMS
Any Web Site may itself contain additional terms (for example, codes of
conduct, guidelines or terms of service) that further govern use of that
Web Site, including particular features or offers (for example,
sweepstakes).
CHANGES TO THE WEB
SITES; SUSPENSION OR TERMINATION
MyWeb may change the Web Sites at any time without notice. We also may terminate this agreement or terminate or suspend your access to the Web Sites at any time for any reason without notice. Upon termination or suspension, your right to use the Web Sites will stop right away. You may not have access to any data you have stored on the Web Sites after we suspend or terminate your access or this agreement.
NO HARMFUL
AND UNLAWFUL USE.
You may not use the Web Sites in any way that is against the law or could harm the Web Sites, other Web Site users, MyWeb or our affiliates. Some examples of harmful activity that we do not permit include
- using the Web Sites to try to gain unauthorized access to any service, data, account or network,
- uploading, posting, emailing or otherwise making available any
material that contains software viruses or any other computer codes,
files or programs designed to interrupt, destroy or limit the use of any
software or devices, and
- uploading, posting, emailing or otherwise making available any
content that
- incites, advocates, or expresses pornography, obscenity,
vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
- is intended to threaten, stalk, defame, defraud, degrade,
victimize, or intimidate an individual or group of individuals for any
reason, including on the basis of age, gender, disability, ethnicity,
sexual orientation, race, or religion, or to incite or encourage any
one else to do so, or
- is illegal or violates any laws, including child pornography,
illegal drugs, copyright, intellectual property not belonging to you,
defamation, libel and rights of privacy of any third party.
NO SPAM; SPAM FILTERING
TECHNOLOGY
You will not use the Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Web Sites in any way that violates the MyWeb Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this agreement. MyWeb may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail. If your use of the Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Web Sites even if such e-mail does not violate the Anti-Spam Policy.
MATERIALS YOU POST OR PROVIDE
You may be able to post or provide materials (including feedback) in publicly accessible areas of the Web Sites for use in connection with the Web Sites. MyWeb does not claim ownership of these materials. By posting or providing them, you give MyWeb the rights to
- use, modify, copy, distribute, transmit and display the materials,
- publish your name with the materials, and
- give these rights to the public.
These rights apply only to legal content and legal use of it. We will
not pay you for your materials. We may remove them at any time. You must
have the rights needed to give us these rights.
MONITORING YOUR USE
To the extent permitted by law, we may monitor your use of the Web
Sites and remove or disclose your information or content to
- ensure your compliance with this contract,
- satisfy any legal requirements or process, or
- protect our rights or the rights of others.
SOFTWARE
- Use. The terms that come with any MyWeb software associated with the Web Sites apply to your use of that software. If no terms come with the software, you may install it on your devices and use it only in connection with the Web Site and in accordance with this agreement.
- Ownership. Copyright and other intellectual property laws and
treaties protect the software.
- Scope of Use. The software is licensed, not sold. This agreement only gives you some rights to use the software. MyWeb reserves all other rights. You may not
- work around any technical limitations in the software,
- reverse engineer, decompile or disassemble the software, except
and only to the extent that applicable law expressly permits, despite
this limitation,
- copy the software, except as allowed by applicable law, despite
this limitation,
- rent, lease or lend the software, or
- use the software for commercial software hosting services.
- Export. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export
laws and regulations that apply to the software. These laws include
restrictions on destinations, end users and end use.
- Automatic Updates. From time to time, MyWeb servers will check to see if you are using the most current version of the associated software. If you are not, we will recommend or automatically install updates. You may not receive notice when we install the update.
PRIVACY
For information about your privacy, see the Privacy Statement.
INFORMATION AVAILABLE
FROM THE WEB SITES
MyWeb and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Web Sites. We do not authorize the use of information available from the Web Sites for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. MyWeb does not endorse or recommend any particular product or service. Nothing available from the Web Sites is intended to be professional advice.
USE OF DOCUMENTS
You may have access to documents, such as white papers, knowledge articles, press releases, datasheets and FAQs (collectively, "documents") on the Web Sites from MyWeb and its suppliers. Unless otherwise specified, you may only use the documents for noncommercial purposes. You must include this permission and the copyright notice that appears below on the documents. You may not copy, distribute, modify or make derivative works of the documents. Accredited educational institutions may download and copy the documents for distribution only in the classroom.
Documents do not include the design or layout of the Web Sites or any other MyWeb owned, operated, licensed or controlled site. You should not copy or retransmit any logo, graphic, sound or image from the Web Sites, unless MyWeb expressly permits it.
USE OF MEDIA ELEMENTS AND TEMPLATES
You may have access to media images, clip art, animations, sounds,
music, shapes, video clips and templates on the Web Sites. If so, you may
copy and use these images, clip art, animations, sounds, music, shapes,
video clips and templates identified for such use in documents and
projects that you create. You may distribute those documents and projects
non-commercially.
MYWEB MAKES NO WARRANTY
We provide the Web Sites as-is, with all faults and as available. You bear the risk of using them. MyWeb, its affiliates, resellers, distributors, service providers and suppliers (the "MyWeb Parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
LIMITATION OF LIABILITY
To the extent permitted by law, you cannot recover any damages from the MyWeb Parties, including direct, consequential, lost profits, special, indirect or incidental damages. This limitation applies to:
- any matter related to the Web Sites
- any matter related to materials and information posted on the Web
Sites, including content, media elements, templates and documents,
- any matter related to materials you post or provide,
- any matter related to third parties' Internet sites and content
(including code) third party programs and third party conduct,
- any matter related to viruses or other disabling features that
affect your access to or use of the Web Sites,
- any matter related to incompatibility between the Web Sites and
other services, software and hardware,
- any matter related to delays or failures you may have in initiating,
conducting or completing any transmissions or transactions in connection
with the Web Sites,
- illegal or criminal activities, including security breaches,
- claims for breach of contract, breach of warranty, guarantee or
condition, strict liability, negligence, or other tort to the extent
permitted by applicable law.
It also applies even if:
- this remedy does not fully compensate you for any losses, or fails
of its essential purpose; or
- the MyWeb Parties knew or should have known about the
possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not
apply to you. They also may not apply to you because your province or
country may not allow the exclusion or limitation of incidental,
consequential or other damages.
YOUR EXCLUSIVE REMEDY
If you have any dispute or claim with or against the MyWeb Parties regarding the Web Sites and this agreement, your only remedy is to stop using the Web Sites.
CHOICE OF
LAW
If this contract is with MyWeb Software, LLC, New York state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. If this contract is with a MyWeb affiliate, the laws of the place of incorporation for that MyWeb affiliate govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims under consumer protection laws, unfair competition laws, and in tort will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Web Sites are directed.
LOCATION FOR RESOLVING DISPUTES
If this contract is with MyWeb Software, LLC, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Onondaga County, New York, USA in all disputes arising out of or relating to the use of the Web Sites. If this contract is with a MyWeb affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such MyWeb affiliate in all disputes arising out of or relating to the use of the Web Sites.
CONTRACT
INTERPRETATION
If any section of this contract is held to be unenforceable, it should be replaced with an enforceable section that matches the intent of the original section as closely as possible. The rest of the contract will continue in full force and effect. Except as expressly stated herein, this agreement is the entire agreement between MyWeb and you with respect to the Web Sites. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MyWeb with respect to the Web Sites.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512 (c ) (2),
notifications of claimed copyright infringement should be sent to our
Designated Agent. All inquiries not relevant to the following procedure
will not receive a response.
COPYRIGHT NOTICE
All contents of the Web Sites are Copyright c 2006 MyWeb Software, LLC and/or its suppliers, 20 Lynacres Blvd. Fayetteville, NY 13066 U.S.A. All rights reserved
TRADEMARK NOTICE
MyWeb is a registered trademark of MyWeb Software, LLC. Any rights not expressly granted are reserved.
