Welcome to eNetOffice's website creation service (the "Service") (defined in Section 2). eNetOffice is a web-service-system operated and owned by iTUniversum LLC, iTUniversum and its affiliates are hereinafter referred to as eNetOffice.1. Acceptance of Terms.
Your use of the Service is subject to these legally binding Terms and Conditions ("Terms"). These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. Please read these Terms carefully and save them. If you do not agree to these Terms, do not use the Service.
eNetOffice may modify these Terms from time to time and such modification shall be effective upon posting by eNetOffice. You agree to be bound to any changes to these Terms when you use the eNetOffice Services after any such modification is posted. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.2. Description of Services.
The Service allows registered users (each an "Account Holder") to create and update an online website by using their own sub-domain. Once registered, each Account Holder receives his or her own website under the subdomain as registered for and accepted by eNefOffice according to the present terms and conditions, and may post "Content" (defined in Section 5). Any new features on the Service, including the release of new eNetOffice tools and resources, shall be subject to these Terms. The Service may include certain communications from us, such as service announcements and administrative messages. These communications are considered to be part of eNetOffice membership. You may not access the Service by any means other than through the Service interfaces we provide you.
Services may include, but not be limited to, the formation, designing, storage, management, sharing, and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Services are provided by eNetOffice AS IS, and eNetOffice assumes no responsibility for any failure in providing the Services to the Account Holders. eNetOffice may change, modify, replace, refuse access to, suspend, or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. eNetOffice may also impose limits on all or any of the Services or restrict Account Holders access to parts or all of the Services without notice or liability. eNetOffice may charge fees for the use of the Services, or part of them, and may include advertisements or other commercial content in any eNetOffice product, image, or webpage including such which have been created by Account Holders unless stated otherwise.3. Eligibility.
To register as an Account Holder, you must provide a valid email address and other information ("Registration Data"). You will choose a password and account designation for your websites during the registration process, and you will obtain an eNetOffice ID. You are responsible for maintaining the confidentiality of the password and account and for all activities that occur under your account. To use the Service, you agree to maintain and update true, accurate, current, and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if eNetOffice has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
Use of the eNetOffice Services is void where prohibited. Additionally, you must be 13 years of age or older. Your account may be terminated without warning, if we believe that you are younger than 13 years of age.4. Prohibited Use.
You accept sole responsibility for all of your activities using the website, including your conduct on the site and any and all content you may submit, post, or share via the website. You will not use the eNetOffice Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to, copyright laws. You will not upload or transmit viruses, worms or any other destructive code.5. Rules for Content and Conduct.
As stated in Section 4, some Content is prohibited on eNetOffice. All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials you post on the website via the Service are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit, or otherwise make available via the Service.
Under no circumstances will we be liable for your Content, including, but not limited to, any errors or omissions in your Content or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Service. You acknowledge that we do not pre-screen Content but that we shall have the right (but not the obligation) to refuse, move, or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
We retain the right to terminate the Account Holder’s account if he/she has violated any of the above prohibitions.6. Fees.
You shall pay all applicable fees, as described during registration.
If not otherwise defined you are going to pay - at first time - through PayPal account if you like to purchase the service after the first free month – the fee will be $10.00.
eNetOffice reserves the right to change its prices at any time. You authorize eNetOffice, directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to eNetOffice.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered as your decision on suspending our services to you. This means your account will be temporary “frozen” for a period of 30 days. During this frozen period your website will be invisible on the internet.
If you decide to continue within the frozen period you may have to renew your registration and pay the respective fee to reactivate you website.
If you do not reactivate your website within the frozen period eNetOffice shall be entitled to terminate the contract and to apply the consequencie’s of termination either by notice to your or even without any further notice to you.
Account Holders shall pay any and all prices and fees due for Services. All prices and fees are non-refundable unless otherwise expressly noted. eNetOffice expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted on the website and effective immediately without need for further notice to any Account Holder. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.7. Cancellation and Termination.
The eNetOffice Services are provided on a prepay basis. Account Holders may decide to discontinue their use of any Services at any time. Such cancellation is done by the Account Holders themselves on the eNetOffice website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the eNetOffice website.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website, and we may delete all information on your website. We accept no liability for such deleted information or content.
You are responsible for maintaining the security of your account and website. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.10. Ownership of Content.
eNetOffice does not claim ownership of your Content, but you give us your permission to host your Content. This permission exists only for as long as you continue to use the Service or remain an Account Holder.11. Domain Name.
Please note that the domain name under which your website is operated .enetoffice.com is owned by eNetOffice but you will by registering for our Service obtain the right of using the subdomain you have elected and eNetOffice has confirmed to you. The ownership of the subdomain name of your website belongs to eNetOffice’s as a part of their main domain: enetoffice.com.
One registration and one prescription entitles you to use one subdomain.
eNefOffice refuses the acceptance of any subdomain which is used or frozen as a subdomain or is similar to a used or frozen subdomain.
eNetOffice retains the right to refuse the acceptance of any subdomain without cause, otherwise for the description and use of the subdomain the rules for Content and Conduct (see clause 5.) shall apply.
If you purchase a business-to-business account (“B2B”), you will be given the option to allow a third party user to access your website (your “User”). Your relationship with your User is strictly between you and your User. We will not be a party to any agreement you have with your User. The manner and means that you choose to perform your services are in your sole discretion and control; however, you agree to perform these services in a timely and professional manner, consistent with industry practice, and in conformance with these Terms.
You accept full responsibility for any Content posted by your User. It is expected your User will adhere to these Terms.
In the event your User contacts us, we will direct them to contact you. In the event you fail to support your User, and we receive a request from your User stating that you have not been responsive, we reserve the right to support your User directly.13. Trademark and Intellectual Property Information.
eNetOffice and other marks indicated on our site are registered trademarks of eNetOffice in the United States and/or other countries. Other eNetOffice marks, graphics, logos, page headers, button icons, scripts noted on the website are eNetOffice’s service marks and trademarks and are the sole and exclusive property of eNetOffice. eNetOffice’s service marks and trademarks may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits eNetOffice, and in connection with any service or product that is not sponsored, endorsed, or produced by eNetOffice.
You may choose any template provided by eNetOffice with the Service however those templates are a public design and will not grant you exclusivity. eNetOffice is prepared on your request to support you under specific conditions defined in a separate agreement with custom design.14. Indemnity.
You agree to defend, indemnify, and hold harmless eNetOffice, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from: (i) your use of and access to the eNetOffice Website; (ii) your violation of any part of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the eNetOffice Services.15. Limitations of Liability.
eNetOffice will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from: a) the use or inability to use the service; b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; c) unauthorized access to or alteration of your transmissions or data; or d) any other matter relating to the Service. Our aggregate liability for all claims relating to the Service shall not exceed the amounts paid by you for the past three months of the service in question.
You agree that your use of the eNetOffice website shall be at your sole risk. To the fullest extent permitted by law, eNetOffice, its officers, directors, employees, and agents shall disclaim all warranties, express or implied, in connection with the Services and your use thereof. eNetOffice makes no warranties or representations regarding the accuracy or completeness of the Content on the eNetOffice website.
In no event shall eNetOffice, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any a) errors, mistakes, or inaccuracies of content; b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Services; c) any unauthorized access to or use of our secure servers, and/or any and all personal information and/or other information stored therein; d) any interruption or cessation of transmission to or from our website; e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party; and/or f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the eNetOffice website.
Under no circumstances shall eNetOffice be held liable for any delay or failure in this website and/or any of the Services and/or information on the website directly or indirectly resulting from, arising out of, relating to, or in connection with events beyond the reasonable control of eNetOffice, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, or agencies or tribunals.16. Exclusions.
In some jurisdictions, the exclusions of certain warranties or limitation or exclusion of liability for incidental or consequential damages are not allowed. As such, the limitations described in Section 13 above may not apply in the Account Holder’s jurisdiction.17. Beta Test Warning.
Please note that the website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.18. Contact Information 366 North Broadway, Suite 410
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any and all actions, disputes or controversies relating to the Agreement or the Website will be decided by courts of competent jurisdiction, and You consent to the jurisdiction and venue of those courts and irrevocably consent to the service of process via email and/or delivered personally or mailed by certified or registered mail, return receipt requested, at the mailing address set forth in Your registration information.
This Agreement, Your and ITUniversum’s rights and obligations under the Agreement, and any disputes or disagreements regarding the Service will be governed by and construed subject to the choice of law and forum selection provisions below; provided, however, that nothing in this paragraph is intended to limit or contravene the applicability of the local privacy and data security regulations which would otherwise govern the collection, disclosure and use of Your Personal Information.
a. If You reside in the US or have registered to use a Website provided by a US-based ITUniversum company, this Agreement shall be governed and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York in the event of any claim arising from Your use of the Website or this Agreement If You are an office, agency or branch of the United States Government, You are provided the Website as a commercial item and with only those rights as are set forth in this Agreement, pursuant to 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227-7202-4, and corresponding sections of applicable and corresponding agency Federal Acquisition Regulations ("FARs").
b. If You reside in Canada or have registered to use a Website provided by a Canada-based ITUniversum company, this Agreement shall be governed and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in the province of Ontario in the event of any claim arising from Your use of the Website or this Agreement.
c. If You reside outside of the US and Canada or have registered to use a Website provided by a ITUniversum company doing business outside of the US and Canada, this Agreement shall be governed and construed in accordance with the laws of Hungary, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Hungary in the event of any claim arising from Your use of the Website or this Agreement.