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Secure It "e" Box Terms and Conditions
The following are the terms and conditions that you will be presented with during the sign up process.
1) Hosting Services to be performed.
The Hosting Service consists of a browser interface, on-line data transmission and data access and storage with data encryption. The Client is responsible for maintaining all computer hardware along with software and communications equipment necessary to support the service. All third party access charges are the responsibility of the Client.
Nightly data backups, server mirroring, & server maintenance are included in Clients' monthly Capture & Storage charges. World-SCAN will take every commercially reasonable measure to secure Clients' data and to prevent unauthorized access to the Website. World-SCAN/Time Warner Cable Northeast Ohio (TWCNEO) will make every effort to provide the Website with continuous connection to the Internet.
All information contained in Client documents shall be held in confidence by World-SCAN and not disclosed to third parties. World-SCAN does not have viewable access to Client's documents.
World-SCAN grants Client a non-sublicensable, non-transferable, and non-exclusive license to use its proprietary software solely in conjunction with storage & retrieval of Client content via the Website during the Term or Renewal Term of this Hosting Agreement. Client will not directly or indirectly attempt to discover source code, decompile, copy, modify, disassemble, translate, rent, lease, assign, or distribute the software. Upon termination of this Hosting Agreement Client will destroy and cease to use the software. Client acknowledges that World-SCAN retains ownership of all hosting software and all rights therein and acknowledges that the software is provided subject to the Warranty Disclaimers and Limitation of Liability sections of this Hosting Agreement. World-SCAN acknowledges that Client owns all data that resides in his/her account.
2) Restrictions
Client will only use the service for lawful purposes in compliance with all applicable laws including trademark, copyright, and defamation laws. Therefore, Client agrees not to transmit through World-SCAN's service any libelous, threatening, harmful, obscene, or vulgar material. Client agrees to indemnify World-SCAN, Inc. and defend them against any claim that arises from Clients unlawful manner and use of this Hosting Service. Client's unlawful use of the service could result in negating Clients/World-SCAN confidentiality agreement.
3) Payment
Client authorizes TWCNEO to bill for the World-SCAN storage and retrieval services monthly.
4) Termination
It is the sole discretion of World-SCAN, Inc. to terminate Clients' account if Client fails to comply with this Internet Hosting Agreement or if client's TWCNEO account is 60 days past due. Client may terminate this Internet Hosting Agreement at any time, but will be billed through the end of the current billing cycle. Client may unsubscribe at any time by visiting the Help Section within Secure It "e" Box. Once a termination request has been made, immediately after the current billing cycle, Client's account and uploaded files will be removed from the Secure It "e" Box system. It is the Client's responsibility to download digital copies of their files before the account has been terminated. Client may cancel a termination request at any time prior to the end of the current billing cycle.
5) Warranty
World-SCAN, Inc. will provide the Client with an Internet Hosting Service for Clients' document storage and retrieval needs. The qualities of the stored Client document images are dependent upon the quality of the scanned image provided by the Client. WORLD-SCAN, INC. MAKES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6) Limitation of Liability and Indemnification
IN NO EVENT SHALL WORLD-SCAN'S LIABILITY FOR ACTUAL AND DIRECT DAMAGES RESULTING FROM CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE FEES CLIENT PAID TO WORLD-SCAN IN THE PREVIOUS TWELVE (12) MONTH PERIOD FOR SERVICES PURSUANT TO THIS AGREEMENT. IN NO EVENT SHALL WORLD-SCAN AND ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR CLIENTS' USE OR INABILITY TO USE THE SERVICES. NOTHING IN THIS SECTION (LIMITATION OF LIABILITY AND INDEMNIFICATION) SHALL BE CONSTRUED AS ALLEVIATING CLIENTS' OBLIGATION TO PAY ALL FEES DUE FOR THE SERVICES PROVIDE BY WORLD-SCAN. CLIENT SHALL INDEMNIFY AND HOLD WORLD-SCAN AND ITS EMPLOYEES AND INDEPENDENT AGENTS HARMLESS FROM AND AGAINST ANY DEMANDS, CLAIMS, LOSS, LIABILITY, COSTS, IN CONNECTION WITH OR FROM SERVICES PERFORMED BY WORLD-SCAN FOR CLIENT PURSUANT TO AND WITHIN THE SCOPE OF THIS HOSTING SERVICE AGREEMENT.
7) Miscellaneous
If any provision or provisions of this Agreement shall prove to be unenforceable or invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. This Agreement contains all of the covenants and agreements between World-SCAN and Client. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this Agreement cannot be altered, changed, modified or added to except in writing signed by World-SCAN and Client. This Internet Hosting Service Agreement is not transferable, assignable, or sublicensable by Client except with prior written consent of World-SCAN. This Agreement shall be construed and interpreted and its performance shall be governed by the laws of the Commonwealth of Virginia without regard to conflicts of law principles of any jurisdiction. Any and all notices, demands or other communications given by any of the parties hereunder shall be in writing and shall be validly given or made if given by personal delivery, facsimile, electronic mail, if sent for next day delivery by recognized overnight delivery service or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, to the addresses specified herein.
8) Security and Privacy Issues:
We have the tools in place that provide your appointed authorized users with a security mechanism that will protect the integrity and confidentiality of transmitted data. We have the tools in place that will log any unauthorized attempts to view documents or any attempts to disclose protected information. We have the tools in place that will protect your personal data from being accessed by our own staff as well as would-be intruders. We have non-disclosure agreements in place with subcontractors and agents that restrict their use and disclosure of protected business data.
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