| iEnterprize Website Terms of Use |
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Welcome to this iEnterprize website. By accessing, browsing or using this website and all iEnterprize owned and/or operated websites-, (the “iEnterprize Websites”), you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the iEnterprize Websites. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE iEnterprize WEBSITES. iEnterprize may, without notice to you, at any time amend these Terms and any other information contained on the iEnterprize Websites. Your continued use of the iEnterprize Websites after any changes to these Terms have been posted will be considered your acceptance of those changes. You agree that your use of the iEnterprize Websites is on behalf of your company or another legal entity and you hereby represent and warrant that you are not a consumer.
SCOPE OF TERMS These Terms apply to iEnterprize Websites and to any secure areas of those websites. These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the iEnterprize Websites, including without limitation, blogs, community forums, chat rooms, discussion sites, service offerings information (hereinafter, “Online Mediums”), both now and in the future. iEnterprize may also publish medium-specific terms of use, in which event these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.
TABLE OF CONTENT Ownership of Content
OWNERSHIP OF CONTENT The iEnterprize Websites; their past, present and future versions; all pages found within the iEnterprize Websites; the material and information on the iEnterprize Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the iEnterprize Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to iEnterprize, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the iEnterprize Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the iEnterprize Websites. All rights not expressly granted are reserved. The iEnterprize Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without iEnterprize’s express prior written authorisation. You are granted permission to display on your computer, print and download the Content on the iEnterprize Websites solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the iEnterprize Websites are open source Content and documents subject to the applicable open source licence and are so marked. Your use of those materials is governed by the individual applicable licence. Unauthorised use of the iEnterprize Websites or the Content contained on or available through the iEnterprize Websites or any linked websites may violate applicable Intellectual Property laws or other laws. The iEnterprize Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. iEnterprize does not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by iEnterprize and are provided solely for convenience to iEnterprize customers and users. iEnterprize reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums. Notice and takedown of material
COPYRIGHT iEnterprize retains copyright and/or applicable rights to all text and graphic images supplied on iEnterprize Websites. You may print and download the information on iEnterprize Websites for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text or graphics featured on iEnterprize Websites to others without the express written permission of iEnterprize, "mirror" this information on your own site without written permission from iEnterprize, or modify or re-use in any way the text or graphics on this site. You may not use the iEnterprize Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties.
TRADEMARKS The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the iEnterprize Websites are either common-law trademarks or registered trademarks of iEnterprize US, Inc. or its subsidiaries and are protected by trade mark and other laws in the United States, the European Union and other countries, and international laws and treaties. Use of iEnterprize trademarks is prohibited unless expressly authorised by iEnterprize. You are not permitted to use any Marks displayed on the iEnterprize Websites, metatags or any other “hidden text” utilising Marks of iEnterprize and its licensors, without the prior written permission of iEnterprize or such third party who may own the Mark. Without the express prior written consent of iEnterprize US, Inc., no iEnterprize Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by iEnterprize. All Marks remain the sole property of their respective holders. You may print copies or download copies of the information on this site for your own personal, non-commercial and educational use. You may not distribute any text or graphics herein to others without the express written permission of iEnterprize, "mirror" this information on your own site without permission from iEnterprize, or modify or re-use in any way the text or graphics on this site. The names of actual companies and products mentioned on the iEnterprize Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with iEnterprize. Nothing contained on the iEnterprize Websites should be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the iEnterprize Websites. Trademark guidelines and a list of iEnterprize trademarks and service marks can be found here: www.iEnterprize.com/information/legal/tmlist.
Logo Requests iEnterprize customers wishing to use the "Powered By iEnterprize" logo or the "Powered By GreenSpace" logo must visit the following URL: www.iEnterprize.com/forms/logorequest.php and fill out our logo request form. iEnterprize channel partners may use the channel partner tier logo as specified in their agreement with iEnterprize and according to specific guidelines and other partner program resources provided to channel partners.
YOUR USE OF THE iEnterprize WEBSITES
Privacy Policy. iEnterprize’s privacy policy, as it may change from time to time, applies to the collection and use of personal data and is made a part of these Terms by this reference. The privacy policy is available on the same iEnterprize Website that features these Terms.
Password Protected Areas. Access to and use of password protected areas of the iEnterprize Websites is restricted to authorised users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the iEnterprize Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to iEnterprize; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify iEnterprize immediately of any unauthorised access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorised access to your account. To the full extent permitted by law iEnterprize will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by iEnterprize or any other user or visitor to the iEnterprize Websites due to someone else using your password or account because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.
Content you Submit. You represent and warrant that you own or otherwise have permission to submit any such materials and grant iEnterprize the rights described herein. No Unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorised disclosure of personal or confidential information; (iii) infringes any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information. You also agree not to use the iEnterprize Websites or Online Mediums to: (i) impersonate an employee or a representative of iEnterprize, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorised communication; (iv) attempt to gain unauthorised access to any portion or feature of the iEnterprize Websites or any other system or networks connected to the iEnterprize Website or any other services offered through the iEnterprize Websites, and/or other accounts not belonging to you, or violate security of any portion of the iEnterprize Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the iEnterprize Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the iEnterprize Websites or any transaction being conducted on the iEnterprize Websites or to restrict or inhibit any other user from accessing or using the iEnterprize Websites, by means of hacking or defacing any portion of the iEnterprize Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
OTHER TERMS AND CONDITIONS Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from iEnterprize and to specific portions or features of the iEnterprize Websites. iEnterprize’s obligations with regards to its services offered on the iEnterprize Websites are governed solely by such terms and conditions and nothing contained on the iEnterprize Websites or in these Terms shall be construed to alter terms and conditions that are specific to services. The materials on the iEnterprize Websites with respect to services may be outdated and iEnterprize makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that iEnterprize will make available such services in your country. Please consult your local Racker for information regarding the availability of particular service offerings in your country.
Promotions. The iEnterprize Websites may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO iEnterprize WEBSITES We greatly appreciate your efforts in letting your clients know about us. You may link to the iEnterprize Websites by using a text link and linking to a iEnterprize Websites homepage. Linking directly to any other webpage or content within the iEnterprize Websites is prohibited without iEnterprize’s prior written permission. iEnterprize only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around any content on the iEnterprize Websites or any pages on the iEnterprize Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the iEnterprize Websites; (iii) misrepresent your relationship with iEnterprize or otherwise create a false affiliation, connection or association with iEnterprize; (iv) imply that iEnterprize approves or endorses you, your website, or your services or product offerings; (v) present a false or misleading impression about iEnterprize or otherwise damage the goodwill associated with the iEnterprize name or Marks; (v) use iEnterprize Marks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilise iEnterprize name, Marks, colours, logos or any other brand features of iEnterprize, nor your relationship with iEnterprize for purposes of or in any manner which intentionally gives rise to advertising or publicity without iEnterprize’s prior written permission. As a further condition to being permitted to link to the iEnterprize Websites, you agree that iEnterprize may at any time, in its sole discretion, terminate permission to link to the iEnterprize Websites. In such event, you agree to immediately remove all links to the iEnterprize Websites and to cease using any iEnterprize Marks. iEnterprize reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the iEnterprize Websites. Except for the link logos as provided by iEnterprize, you may not use the iEnterprize corporate logo or any other brand feature to link to iEnterprize.
LINKS TO THIRD PARTY WEBSITES
The iEnterprize Websites may contain links and references to non-iEnterprize websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave iEnterprize Websites and access Linked Websites, you do so at your own risk and iEnterprize will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. iEnterprize has not reviewed the Linked Websites and iEnterprize is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on iEnterprize Websites does not apply approval or endorsement by iEnterprize of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain a iEnterprize logo, are independent websites, and iEnterprize does not control the content on that Linked Website. Additionally, iEnterprize is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from iEnterprize, by way of reference or link provided on the iEnterprize Websites.
FORWARD-LOOKING STATEMENTS All statements on the iEnterprize Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of iEnterprize for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments, and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialise. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialise or such assumptions prove incorrect, the results of iEnterprize could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at www.sec.gov/edgar.shtml. Except as required by law, iEnterprize assumes no obligation to update these forward-looking statements publicly, or to update the reasons, and actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
DISCLAIMER OF WARRANTIES The following applies to the fullest extent permitted by applicable law: Your use of and access to the iEnterprize Websites, Online Mediums and Content posted by iEnterprize, its divisions, subsidiaries or user generated content posted by third parties is at your sole risk. The iEnterprize Websites, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. iEnterprize makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. iEnterprize further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the iEnterprize Websites, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. To the fullest extent permitted by law, you assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the iEnterprize Websites, Online Mediums and/or Content.
LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, you expressly understand and agree that iEnterprize and any contributor to the user-generated content via Online Mediums (“iEnterprize Licensors”) SHALL NOT BE LIABLE to you for: 1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes iEnterprize and iEnterprize Licensors may make to the iEnterprize Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords; 2) any loss or damage which you may incur as a result of your leaving the iEnterprize Websites and accessing Linked Websites. This includes without limitation any loss or damage that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites; 3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the iEnterprize Websites, Online Mediums and Content and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if iEnterprize and iEnterprize Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action. Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.
INDEMNIFICATION To the fullest extent permitted by applicable law, you agree to indemnify and hold iEnterprize, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and iEnterprize Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the iEnterprize Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the iEnterprize Websites and Online Mediums; (iii) your violation of these Terms or iEnterprize Websites’ specific Terms and Conditions. This indemnification obligation will survive the termination of your iEnterprize account or these Terms.
GENERAL The Terms constitute the entire agreement between you and iEnterprize relating to your use of and access to the iEnterprize Websites and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Where these Terms intend to create any right for any third party to rely upon these Terms in any way and/or where specific clauses of these Terms are considered to be so called “third party stipulations” and such are accepted by the respective third party, such third party shall not become a party to the agreement between you and iEnterprize. The laws of England shall govern any action related to the Terms and your use of the Online Mediums and Content, without regard to the choice of law rules. In any dispute between you and iEnterprize, you agree to submit to the non-exclusive jurisdiction of the courts located in England. In the event of any violations of the Terms, iEnterprize reserves the right to disable your access to the iEnterprize Websites, Online Mediums and Content and seek all remedies available by law and in equity. Thank you for reading through these Terms. Now please enjoy our iEnterprize Websites.
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