TERMS AND CONDITIONS OF SERVICE
For Intranet
Hosting through eUnify.net,
a service provided
by
eUnify Networks
Welcome to eUnify.net! eUnify.net, a hosted intranet service of eUnify Networks, allows your business or organization to create its own website (the “Site”) where members can obtain general information and correspond with one another. Organizations that subscribe to eUnify.net, known as “Intranet Subscribers,” are given a unique URL once they are registered. This URL allows the Intranet Subscriber’s members (“Members”) to access the Site directly and gives them access to intranet, web-hosting, and other services described in the Terms and Conditions of Service.
For purposes of these Terms and Conditions, the following terms shall have the stated meanings:
III. USER’S RIGHTS AND RESPONSIBLITIES:
The Terms and Conditions provide certain rights to eUnify Networks, the Intranet Subscriber, and its Members. eUnify Networks reserves the right to change the Terms and Conditions, provided it gives notice of those changes to Intranet Subscriber and Members. Continued use of the Site by the Intranet Subscriber or its Members will act as (a) acceptance of the changes and (b) an agreement to abide by the changes. By completing the registration process outline in Section VI and clicking “I Accept,” Intranet Subscriber and Members agree to:
the representations and conditions set forth in Section VI,
accept and abide by these Terms and Conditions, as well as any changes made to these terms, without limitation
accept responsibility for routinely reviewing these Terms and Conditions so as to keep abreast of any changes or modifications,
ensure that all personal information, including email addresses, contact information, and billing information when appropriate, is accurate and current. If any changes in information should occur, the Intranet Subscriber and/or its Members agree that it is their responsibility to update the information immediately.
regularly review email messages from eUnify Networks regularly to keep advised of any changes, notices, or information regarding services.
eUnify Networks provides each Intranet Subscriber with a unique URL that will give the Intranet Subscriber and its Members access to intranet applications, web-hosting services, and other optional services. Services are provided for the sole use of the Intranet Subscriber and its Members and may only be used in the creation and use of an intranet site for internal use by the Intranet Subscriber and its Members. eUnify Networks reserves the right to modify or cancel any of the services it provides. eUnify Networks also reserves the right to modify or cancel the Intranet Subscriber’s or its Members’ access according to the provisions in Sections V and VI.
eUnify Networks offers its Services only to individuals and legal entities that are capable of entering into legally binding agreements. If Intranet Subscriber or Member is an individual under the age of 18, or otherwise incapable of entering into a binding agreement, Intranet Subscriber or Member is not authorized to utilize eUnify Networks’ Services. eUnify Networks may suspend or terminate eligibility if it determines that, in its good faith judgment, Intranet Subscriber or Member has engaged in fraudulent or improper activity in connection with the utilization of eUnify Networks’ services. To be eligible to use eUnify Networks’ Services, Intranet Subscriber or Member must comply with all applicable laws, statutes, ordinances and regulations, including, but not limited to, United States laws on export controls, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. Intranet Subscriber or Member may not use the Services to:
Publish or transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Falsely identify yourself as any other person or entity to another Member, falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate another Member;
Disguise the source or origin of any Intranet Subscriber or Member information;
Publish or transmit any information that Intranet Subscriber or Member does not have a legal right to publish or transmit (such as trade secret or other proprietary information, inside information, or information subject to a confidentiality agreement);
Publish or transmit any information that infringes any patent, trademark, trade secret, copyright or other intellectual property of a third party;
Publish or transmit any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation*;
Publish or 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;
Interfere with or disrupt the software or hardware providing the services offered by eUnify Networks.
eUnify Networks, based on its sole discretion, reserves the right to examine the information or Member data contained within any Site for the purpose of determining if a violation of these Terms and Conditions has occurred.
If, as a result of a Intranet Subscriber’s use of eUnify Networks’ services, it has a dispute with one or more Members, Intranet Subscriber releases eUnify Networks, its affiliates, officers, directors, agents, and employees from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute. If Intranet Subscriber or Member is a California resident, it, he or she waives California Civil Code § 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
* To report a violation of
this policy, please send an email to abuse@eUnify.net.
In accordance with eUnify Networks’ Privacy Policy, eUnify Networks will
cooperate with the appropriate legal authorities when required to release
information about Intranet Subscribers and Members who have violated the
anti-spam policy.
VI. REPRESENTATIONS OF INTRANET SUBSCRIBER’S SITE ADMINISTRATOR:
Registration acts as acceptance of the Terms and Conditions contained in this Agreement. By accepting the Terms and Conditions, the Intranet Subscriber represents and warrants 1) that she, he, or it is the authorized Site Administrator and has the legal authority to register and enter into this Agreement on behalf of the Intranet Subscriber and thereby binds the Intranet Subscriber to the Terms and Conditions of this Agreement, 2) that all Members are at least eighteen (18) years of age, and 3) the Intranet Subscriber and its Members consent to the Terms and Conditions of this Agreement.
To have an intranet site, each Intranet Subscriber and its Members must complete the registration process. Intranet Subscriber and each Member will need to provide the following information:
INTRANET SUBSCRIBER
|
MEMBER |
|
Name of Organization/Group |
Name |
|
Contact Information |
Contact Information |
|
Site Name (URL) |
User Name |
|
Billing Information |
Password |
|
Site Administrator* |
|
eUnify Networks has sole discretion regarding the timing, nature, and content of all correspondence with Site Administrators and members.
*The Site Administrator will
be the person who sets up the intranet site. This person will need to
make decisions concerning the level of privacy, security, and desired options
that best suit the needs of its members and organization. The Site
Administrator will also control which members have access to the site and what
options and privileges those members will have once they have registered.
Other Site Administrators may be registered under the Intranet Subscriber’s information.
Once registered, additional Site Administrators agree to abide by all the
terms and conditions and are responsible for promptly reviewing any notices
received from eUnify Networks regarding the Intranet Subscriber’s Site.
VIII. USER NAMES, PASSWORDS, & SECURITY:
Each Intranet Subscriber will select a Site Name. eUnify Networks will use reasonable efforts to comply with the Intranet Subscriber’s request for a Site Name, but reserves the right to provide a different Site Name if any of the following occur:
The same or similar name has already been registered with eUnify Networks and the use of that name may present confusion or difficulty to Members when trying to access their site,
eUnify Networks finds the Site Name to be offensive or obscene
eUnify Networks determines that the Intranet Subscriber is engaging in behavior that is designed to avoid paying fees, infringes on the property of another, violates any applicable laws, or interferes with eUnify Networks’ ability to successfully manage the Website and provide services to its users.
The Intranet Subscriber and its Members are responsible for the confidentiality of the site. The protection of passwords and the privacy of any information shared on the site is the responsibility of each Member and the Intranet Subscriber as a whole. The Intranet Subscriber and its Members are responsible for ensuring the confidentiality of any information exchanged within its site and for any content posted on its site. The Intranet Subscriber agrees to notify eUnify Networks immediately of any breaches of security, including unauthorized use, activities, or disclosure. If Intranet Subscriber fails to notify eUnify Networks of any security breach or fails to abide by the provisions set forth above, it agrees to hold eUnify Networks harmless for any damages that may occur in connection with any of these provisions.
eUnify Networks respects the privacy of its Users. Please view our Privacy Policy at http://eUnify.net/privacy.htm for a complete description of the ways in which eUnify Networks protects your privacy.
XI. TERMINATION/CANCELLATION OF SERVICES OR ACCESS:
eUnify Networks may, at any time and on its sole discretion, cancel, suspend, limit, or discontinue any or all of its services. eUnify Networks may also cancel, suspend, limit, or discontinue any password, Site Name, or all or any part of the Intranet Subscriber’s site if eUnify Networks suspects that the Intranet Subscriber or one of its Members is using the site to:
Violate the terms and conditions set forth within this contract,
Violate any other policy of eUnify Networks,
Conduct fraudulent activity,
Conduct abusive or unlawful activity, or
Access unauthorized areas of the website, including the personal information of other Intranet Subscriber or Members
If any of the above violations occur or are suspected to have occurred, eUnify Networks reserves the right to terminate the Intranet Subscriber’s and/or any of its Members’ access immediately, with or without notice. Furthermore, eUnify Networks reserves the right to conduct an investigation of any claim of fraudulent, abusive, or unlawful activity. This investigation may include accessing the Site and reviewing any pertinent information contained therein. eUnify Networks will provide this information to a third party when required by a court order or applicable law or to the appropriate law enforcement officials when necessary.
If an account is cancelled due to any of the reasons set forth above, the Intranet Subscriber or Member will be barred from re-registering or participating in all or any part of this website.
If service is cancelled for any reason, eUnify Networks may elect to remove from its servers the information provided by the Intranet Subscriber and its Members during registration.
Should Intranet Subscriber want to voluntarily cancel its Site, it must contact eUnify Networks by sending an email with the Site Name and pertinent registration information to support@eUnify.net.
The provisions set forth in Sections XVI and XVII will survive any cancellation or discontinuance implemented in accordance with the policies in this section or the Section XII.
Access:
eUnify Networks provides each Intranet Subscriber with the capability to create an intranet site. eUnify Networks promises to make reasonable efforts to provide a quality of service that meets or exceeds prevailing industry standards. eUnify Networks will make every effort to provide access to the Site on a twenty-four-hour per day, seven-day per week basis. The Intranet Subscriber and its members recognize, however, that despite eUnify Networks’ good faith efforts, at times access will be unavailable due interruption of major network connectivity, network and server limitations, back-up and regular maintenance performed by eUnify Networks, or for any other reason.
Support:
Free and optional fee-based support is provided for all Intranet Subscribers and their Members to use when encountering difficulties accessing or using the Site. These support sites can be accessed through the interface provided by eUnify Networks, provided the Intranet Subscriber and its members have the appropriate equipment to make a connection to the interface. All Intranet Subscribers and Members acknowledge that they are individually responsible for providing the necessary equipment, including computer, modem, and any other access device, and are responsible for securing access and paying all fees associated with that access to the World Wide Web.
Third Party Providers:
eUnify Networks’ website contains links to the sites of eUnify Networks’ partners, affiliates, and providers of services or content to eUnify Networks (“Third Party Providers”). These links are provided as a convenience and service to the Intranet Subscriber and its Members. eUnify Networks does not regulate these sites, nor will eUnify Networks be held liable for the accuracy or reliability of any of these sites, their content, the products they advertise, or any transmissions conducted by such sites. Furthermore, eUnify Networks will not be held liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information. If Intranet Subscriber or its Members decide to use the provided links, they acknowledge that they are bound by the privacy and use policies of each linked site.
Any text, graphics, logos, trademarks, copyrighted information, or any other material published by eUnify Networks or its Third Party Providers remains the property of eUnify Networks or the identified provider of the material. Intranet Subscriber and its Members agree to respect the property rights associated with these materials.
In the event that Intranet Subscriber registers for eUnify Networks’ services through a eUnify Networks’ partner who is reselling those services on behalf of eUnify Networks, Intranet Subscriber agrees that eUnify Networks may provide membership, billing, and personally identifiable member information when necessary, to the eUnify Networks’ partner, notwithstanding anything contained in these Terms and Conditions or the eUnify Networks’ Privacy Policy.
Note on Hyperlinks:
Through Intranet Subscriber’s or a Member’s use of the services, Intranet Subscriber or a Member may be provided with hyperlinks to other Internet sites or resources. eUnify Networks has no control over those sites and resources. Intranet Subscriber and its Members acknowledge that eUnify Networks is not responsible for the availability of those hyperlinked sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from those sites or resources. Intranet Subscriber and its Members further acknowledge that eUnify Networks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, goods, or services available on or through any such site or resource.
Services are provided on a subscription basis. Intranet Subscriber and its Members agree that subscription fees will be paid on or before the 12th of each month. In the event payments are not received by the agreed upon date, eUnify Networks may, in its sole discretion, discontinue service until such time as the account is brought current. Intranet Subscriber acknowledges that it is solely responsible for providing any information concerning changes in billing information. Intranet Subscriber will be responsible for any delay in payment, delinquency in account, or cancellation of services that result from a failure to provide such notice.
Monthly subscription fees are based on the prices published by eUnify Networks at the time the account is created. Intranet Subscribers are not charged for the calendar month in which the account is created, but will be charged on a monthly basis thereafter, beginning with the first day of the month after the account is created. Fees will be assessed according to the pricing plan the Intranet Subscriber chooses and may be based on either actual or maximum Site membership. Guest visitors, including those whose membership is pending, are not considered members for billing purposes. It is the Site Administrator’s responsibility to make sure the member list is accurate. Any fees calculated on an inaccurate member list are the responsibility of the Intranet Subscriber. eUnify Networks will not add, remove, or delete members from an Intranet Subscriber’s site.
Cancellation requests for the Site must be completed by the Site Administrator and may be done at any time by sending a cancellation request to billing@eUnify.net. Cancellations will be processed as of the last day of the calendar month in which the request is received. Upon receiving the cancellation request, eUnify Networks has the right to deactivate the Site at any time.
eUnify Networks reserves the right to increase its fees at any time. Current rates and fees are published on the www.eUnify.net website.
Subscriptions paid by credit card will automatically be charged the subscription amount on the first of each month. Subscriptions paid by invoice will be electronically invoiced on the first day of each month.
Fees for other services not included in this agreement will be assessed according to the prices in effect at the time of purchase.
XIV. STORAGE AND FILE DOWNLOAD/BANDWIDTH LIMITATIONS:
Storage space on eUnify Networks’ servers is limited based upon the Intranet Subscriber’s current pricing level. Due to space constraints, it may not be possible to store all data or information. The Intranet Subscriber will not hold eUnify Networks liable for the deletion of or failure to store any information that results from these space constraints.
To provide the highest level of service to all of its Intranet Subscribers and Members, eUnify Networks reserves the right to restrict the file download or bandwidth capacity of any or all of its sites.
XV. SUBSCRIBING ORGANIZATION CONTENT:
All information posted by Intranet Subscriber, or one of its Members, is the responsibility of that Intranet Subscriber. eUnify Networks does not control the content of the information at an Intranet Subscriber’s URL. Members of the Intranet Subscriber may believe the information at that URL to be harmful, inaccurate, deceptive or offensive. Intranet Subscribers should exercise caution, common sense, and practice safe trading when using eUnify Networks’ services. Intranet Subscriber and its Members should understand that they assume the risk of dealing with foreign nationals, underage persons, or people acting under false pretense. Authentication of a Member’s identity on the Internet is not always possible. Therefore, eUnify Networks cannot and does not confirm the identity of each Member.
To ensure the efficiency and effectiveness of its operations, eUnify Networks routinely backs up the data stored on its servers. The information that is backed up is stored for a limited period of time. In accordance with the provisions of Sections XI and XII, eUnify Networks will make reasonable efforts to restore site information at the Intranet Subscriber’s request, once the account is current. eUnify Networks claims no responsibility for loss of any information or failure to back up any information, including but not limited to, information posted on the intranet set by the Intranet Subscriber, registration information related to the Intranet Subscriber’s account with eUnify Networks, and registration or other information concerning any of the Intranet Subscriber’s members.
XVII. FREE TRIAL MARKETING POLICY:
eUnify Networks offers a time-based free trial of its services. During this free trial period, Serran Trchnologies may send email messages describing various features and benefits of the intranet to Intranet Subscriber's email address. As these messages are automated, Intranet Subscriber cannot opt-out. However, these emails will discontinue when Intranet Subscriber either upgrades the intranet to a paid subscription, cancels the free trial, or when the free trial period expires. Intranet Subscriber agrees to receive periodic email from eUnify Networks. To opt out of these emails send a request to remove@eUnify.net from the email address that is on file on the intranet site.
EUNIFY NETWORKS PROVIDES SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. EUNIFY NETWORKS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EUNIFY NETWORKS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET INTRANET SUBSCRIBER’S OR MEMBER’S REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY INTRANET SUBSCRIBER OR MEMBER THROUGH THE SERVICES WILL MEET INTRANET SUBSCRIBER’S OR THE MEMBER’S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT INTRANET SUBSCRIBER’S AND MEMBER’S OWN DISCRETION AND RISK AND INTRANET SUBSCRIBER AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS, HIS, OR HER 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 INTRANET SUBSCRIBER OR MEMBER FROM EUNIFY NETWORKS, THROUGH OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES PROVIDED IS DONE AT INTRANET SUBSCRIBER’S AND MEMBER’S OWN DISCRETION AND RISK AND INTRANET SUBSCRIBER OR MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS, HIS, OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY INTRANET SUBSCRIBER OR MEMBER FROM EUNIFY NETWORKS, THROUGH OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
Intranet Subscriber and its Members agree to indemnify and hold eUnify Networks and its subsidiaries, affiliates, officers, directors, agents, and employees, and any providers of data used on Intranet Subscriber’s Site or the eUnify Networks’ Website, harmless from any claim or demand, including reasonable attorneys’ fees, made by any Intranet Subscriber, Member, or other third party due to or arising out of Intranet Subscriber’s or Members’ breach of this Agreement or the documents it incorporates by reference, or Intranet Subscriber’s or Members’ violation of any law or the rights of a third party.
The content on this Website, including all text, graphics, logos, button icons, images, audio clips, and software, and the collection, arrangement, and assembly of that content, is the property of eUnify Networks and is protected by U.S. and international copyright laws. eUnify Networks own all software used on this Website. The software is protected by U.S. and international copyright laws. Any use of the software or content of this site that is inconsistent with the Website’s purpose, including the reproduction, modification, distribution, transmission, republication, display, or performance, is strictly prohibited.
eUnify Networks retains the rights to all trademarks, trade names, service marks, service names and logos (“Marks”) on this Website. No Marks may be used in any manner that is likely to cause confusion as to the source or origin of any goods or services, or in any manner that disparages or discredits eUnify Networks.
This Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by eUnify Networks.
Any comments, ideas, or suggestions submitted to eUnify Networks through this interface become the sole property of eUnify Networks. eUnify Networks may use any information submitted in this manner without any obligation to the Intranet Subscriber or Member who submitted it.
Information posted on the Intranet Subscriber’s Site by the Intranet Subscriber or its Members, particular to the Intranet Subscriber’s organization, will remain the sole property of the Intranet Subscriber, its Members, or any party with rights therein.
Notification of claimed copyright infringement should be sent to: eUnify Networks, 2925 E. Riggs Rd Suite 8-103, Phoenix, AZ 85249; (480) 802-4284; email: abuse@eUnify.net, pursuant to Title 17, United States Code, Section 512(c)(2).
Representations:
The Intranet Subscriber represents that no joint venture, partnership, employment, or agency relationship exists between eUnify Networks and the Intranet Subscriber or its Members as a result of the Terms and Conditions contained in this document, or by the use or access to the services provided by eUnify Networks.
Entire Agreement:
These Terms and Conditions, incorporating any notices and policies published on the eUnify Networks Website, constitute the entire agreement between the Intranet Subscriber, its Members, and eUnify Networks. This Agreement supercedes all other communications, in whatever form, between the Intranet Subscriber, its Members and eUnify Networks.
Jurisdiction and Venue:
The Terms of this Agreement and all the provisions contained within, as well as the relationship between the Intranet Subscriber, its Members, and eUnify Networks, are governed by the laws of California and the United States of America without regard to conflict of law provisions. The Intranet Subscriber and its Members agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in Alameda County, California, U.S.A. concerning any and all disputes arising out of or relating to the use or access of eUnify Networks’ services or Website under this Agreement.
Voided or Invalid Provisions:
If a court of law finds any part of the Terms and Conditions invalid or unenforceable, the provision will be replaced by a valid, enforceable clause that most closely resembles the intent of the initial provision. The unenforceable or invalid provision has no effect on the remaining terms and conditions, which remain in effect as contained herein.
Waiver:
eUnify Networks’ failure to exercise any of its rights under this Agreement does not constitute a waiver such right.
Statute of Limitations:
eUnify Networks and Intranet Subscriber agree that any claim or action arising out of or related to this Agreement will be commenced within one year after the cause of action arose, regardless of contrary statutory or common law. If a claim or action is not commenced within one year after the cause of action arose, the claim is permanently barred.