Term of Use for
Etoff- Communication and Collaboration Tools
1. SERVICE
Etoff offers :
- a suite of Communication ,Collaboration and
Management tools (incl. Message, Daily working status/Report, Bulletin Board,
Discussion, Poll, Chat Room, File Manager, Task Management.) to which are
associated capacities, referred as the "Service";
2. Member Conducts
& Responsibilities,
2.1.) Subscription
organization or User Registration
Member shall not provide inaccurate, incomplete, outdated
or misleading Registration Information or e-mail addresses, create a false
identity or manipulate identifiers to mislead or to disguise the origin of any
information stored on the Site or transmitted through the Services, or
impersonate or otherwise misrepresent any affiliation with any person or entity;
2.2.) The User
commits himself not using the Service for:
a.) Creating Content containing nudity or pornographic or
other material harmful to a minor without limiting that list to persons age 18
or over, or posting such material without limiting the access to persons age 18
or over;
b.) Using the service for illegal purposes or for posting material that is
unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, tortuous,
libelous, invasive of another's privacy, or otherwise objectionable, including
but not limited to material that contains blatant expressions of bigotry,
prejudice, racism, hatred, or profanity, or that promotes or provides
instructional information about illegal activities or promotes physical harm or
injury against any group or individual;
c.) harm minors in any way;
d.) impersonate any person or
entity, including, but not limited to, a Etoff Group official, forum leader,
guide or host, or falsely state or otherwise misrepresent his affiliation with a
person or entity;
e.) forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
f.) upload, post, email or otherwise transmit any Content that he does not have
a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
g.) upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
h.) upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose;
i.) upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
j.) disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
k.) interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
m.) intentionally or unintentionally violate any law of the country of the
Service regarding the transmission of technical data or software exported from
the country of the Service through the Service, or posting information used to
circumvent manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker utilities
(this also includes files which are solely intended for copyrighted game
emulation);
n.) "Stalk" or otherwise harass another; or
o.) Collect or store personal data about other users.
We will not tolerate any abuse of our servers for copyright
violations and reserve the right to delete any file that has been uploaded
and/or distributed in violation of German or international copyrights. Copyright
protected content may especially not be distributed to third parties (for
example by publishing links to copyright protected files on other websites).
3. TERMINATION
Any misuse of the Service will cause termination of your
account and/or any list created by you. In addition, mailing lists that are not
maintained, periodically viewed or active may be removed without notice.
Etoff- Group System Administrator reserves the right to
delete all data and files in your account and bar any further access to such
files, and to delete all data and files in and remove any mailing list, with or
without cause at any time, for any reason or no reason, and/or to terminate your
use of the Service with or without cause at any time and effective immediately,
without prior notice.
4. RESALE OF SERVICE
The User agrees not to resell the Service or use of or
access to the Service.
5. INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless
Etoff- Group System Administrator
and its parents, subsidiaries, affiliates, officers, and employees from any
loss, liability, claim, demand, damage, or expenses (including reasonable
attorney's fees) asserted by any third party due to or arising from or in
connection with his use of or conduct on the Service. Etoff- Group System
Administrator reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by the
User, which shall not excuse his indemnity obligations.
6. MODIFICATIONS TO
TERMS OF USE OR TO THE SERVICE
Etoff- Group System Administrator reserves the right to
change the Terms of Use at any time without notice. Etoff- Group System
Administrator also reserves the right to modify or discontinue the Service,
temporarily or permanently, with an e-mail notice to the User. The User agrees
that Etoff- Group System Administrator shall not be liable to him or any third
party for any modification to or discontinuance of the Service.
7. ETOFF- GROUP PROPRIETARY RIGHTS The User
acknowledges and agrees that content, including but not limited to text,
software, music, sound, photographs, graphics, video, page layout and design or
other material contained in the Service or information presented through the
Service by Etoff- Group System Administrator or Etoff- Group System
Administrator advertisers is protected by their copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. The User acknowledges and
agrees that Etoff- System Administrator can display images and text throughout
the Service, including the insertion of sponsor messages into messages
distributed on Etoff- System Administrator mailing lists (unless the user chose
the paying option where no advertisement is distributed).
Content received through the Service may be displayed,
reformatted, and printed by the User for his personal, non-commercial use only.
The User agrees not to modify, copy, reproduce, republish, upload, post,
transmit, sell or distribute in any way content available through the Service,
including code and software.
8. DISCLAIMER OF WARRANTIES
The User expressly understands and agrees that: his use of
the service is at his sole risk. the service is provided on an "as is"
and "as available" basis. Etoff- Group expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. Etoff- Group makes no warranty that (i) the service will
meet the User's requirements, (ii) the service will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained from the use of
the service will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by the User
through the service will meet his expectations, and (v) any errors in the
software will be corrected. any material downloaded or otherwise obtained
through the use of the Service is done at the User's own discretion and risk and
that he will be solely responsible for any damage to his computer system or loss
of data that results from the download of any such material. No advice or
information, whether oral or written, obtained by you from Etoff- Group or
through or from the service shall create any warranty not expressly stated in
the Terms of Use.
8.1 Access to the
Service
The access to Etoff- Service will be available 24 hours a
day, 7 days a week, unless for necessary interruptions of the Service in order
to proceed to maintenance, development or improvement operations or for any
other operation that Etoff- Group would wish to carry out. Etoff- Group will not
be indebted of any allowance for such interruptions. In addition, Etoff- Group
does not give explicit or implicit assurance that the service will meet User's
waiting and needs.
Etoff-Group will be authorized to partially or completely
suspend the service, without notice, in case of an event, independent of its
will, or for activities of maintenance or in the event of a breakdown. The
interruptions will not give right to any financial claim. Etoff- Group will
inform its users of the interruptions occurred, within a reasonable time.
In no case, Etoff- Group will be held responsible for the
loss of the data stored in its system. From a general point of view, and within
the legal limits, Etoff- Group will not be held responsible for the damage,
whatever their cause or nature, that the user would have undergone following the
use he makes of his access to the Services.
It is also reminded that Etoff- Group can put an end or
modify the characteristics of its Service at any time, and without any notice.
8.2 Availability and
security of the Internet
The User declares and guarantees he perfectly knows the
characteristics and the constraints of the Internet, and in particular that the
information and data transmissions on the Internet profit only from a relative
technical reliability, those circulating on heterogeneous networks with various
technical characteristics and capacities, which can disturb or make it
impossible to access the Service at certain periods.
The user recognizes that any site can be subject to
intrusions of unauthorized thirds and to be in consequence corrupted, and that
information circulating on the Internet is not protected from possible
diversions (free access) or viruses and that if a User communicates the URL of
his site, any person is likely to create a link giving access to his Site and/or
elements of its content, and that thus the communication of the address of his
Site is carried out to his risks and dangers. Etoff- Group will in no case be
held responsible for the accidental or voluntary damage undergone by the User
and caused or not by thirds.
9. MISCELLANEOUS
The Terms of Use and the relationship between the User and
Etoff- Group System Administrator shall be governed by and construed in
accordance with the laws of the country of the Service without regard to
conflict of law provisions. The User and Etoff- Group System Administrator agree
to submit to the personal and exclusive jurisdiction of the courts located in
the county of the country of the Service.
The failure of Etoff- Group to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of such
right or provision. If any provision of the Terms of Use is found by a court of
competent jurisdiction to be invalid or contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the parties' intentions,
and the other provisions of the Terms of Use shall remain in full force and
effect.
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or to the Terms of Use must be commenced within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience
only and have no legal or contractual effect or significance.
I HAVE READ AND
UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE TO BE