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TERMS OF SERVICE |
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We have outlined these Terms of Service to govern your use of any econdataweb.com service. Please read this document carefully, to sign up to any of our services you must submit to having read and agreed to these Terms of Service. Econ Dataweb reserves the right to terminate any services and deny access to any person or company who violates this Terms of Service agreement. |
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1. |
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Registration of service. |
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If you become a Registered user of econdataweb.com services, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your given econdataweb.com service rights. You are responsible for maintaining the confidentiality of your passwords and for restricting access to your computer and any control panel supplied by an Econ dataweb service so others and unauthorised persons may not access your control panel using your name in whole or in part without our permission. If you believe someone has accessed any of your econdataweb.com service control panel using your user name and password without your authorization, then contact us by e-mail immediately or by using the Contact Us form. |
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2. |
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User provided information and content. |
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Econdataweb.com will not sell any client information or e-mail address to third parties, nor will econdataweb.com pass on any company information or e-mail addresses to a third parties unless the client is found to be using the econdataweb.com service for an illegal or pornographic service or unless Econ dataweb or it's employees are requested to do so by a policing authority. Host server or servers used by econdataweb.com may not be located in the same country as where you sign up to the econdataweb.com service from. Econdataweb.com are authorised by you to transfer any information provided by you to another computer that may be in another country outside the country where you signed up to any econdataweb.com service. |
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3. |
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Service provided. |
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Econdataweb.com will provide where it is within their control the services subscribed to by this agreement to any client having a currently active and paid up account that is operating within this agreement. econdataweb.com databases may be hosted on independent servers not owned by econdataweb.com. |
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4. |
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Transactions and e-commerce on our site. |
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During your sign up process you may elect to engage in a transaction involving the use of an online payment. depending on the payment method selected and to serve you most efficiently, credit card transactions may often handled by a third party processing agent, bank or distribution institution. While in general transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, a fax number can be made available so you can place your order by Fax, a Fax form is provided here for this purpose. econdataweb.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties. |
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5. |
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General Disclaimer and Limitation of Liability |
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Econdataweb.com make no warranties or representations as to the accuracy of the Content or information submitted into any database allocation of individuals or companies using this service and assume no liability or responsibility for any error or omission in the Content. econdataweb.com does not represent or warrant that use of any Content will not infringe rights of third parties. econdataweb.com has no responsibility for actions of third parties or for content provided or posted by others. |
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You expressly agree that use of econdataweb.com services is at your own risk. All content is provided "as is" and "as available." Econdataweb.com nor any of their affiliated or related companies, nor any of the employees, agents, content providers or licensers of any of them, makes any representation or warranty of any kind regarding econdataweb.com, the content, any advertising material, information, products or services available on or through econdataweb.com, and/or the results that may be obtained from use of econdataweb.com or such content or services. All express or implied warranties, including without limitation warranties of merchant ability and fitness for a particular purpose, warranties against infringement, and warranties econdataweb.com will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. econdataweb.com and its affiliates are not responsible or liable for content posted by third parties, actions of any third party nor damage to your computer equipment or other property. |
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In no event shall econdataweb.com or its affiliates, employees, agents, content providers or licensers be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, loss of database information or entries, loss of images, server down time, damages related to unauthorised access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. |
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6. |
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Any of the following are considered a violation of these terms. |
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6.a |
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Illegal use: Econdataweb.com's services may not be used for illegal purposes, or in support of illegal activities. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are prohibited. This also includes, but not limited to Adult sites, pirated software, hacker programs/archives, MP3, Warez, copyrighted material or material protected by trade secrets and other statutes. Econdataweb.com is not responsible for any claims resulting from the use of our service. Econdataweb.com reserves the right to co-operate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. |
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6.b |
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Harm to minors: Use of the Econdataweb.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. |
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Threats: Use of the Econdataweb.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. |
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6.d |
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Harassment: Use of the Econdataweb.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. |
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6.e |
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Fraudulent activity: Use of Econdataweb.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." |
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6.f |
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Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. |
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6.g |
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Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Econdataweb.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Econdataweb.com account. Virtual sites that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our server. Severe violations may result in immediate and permanent removal of the account from our server without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our server without notice. |
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6.h |
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E-mail/News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Econdataweb.com account. |
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6.i |
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E-mail/Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Econdataweb.com service is in violation of these terms. |
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6.j |
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Usenet SPAMing: Econdataweb.com has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. |
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6.k |
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Unauthorised access: Use of the Econdataweb.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Econdataweb.com's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Econdataweb.com account is subject to immediate termination. |
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6.l |
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Copyright or trademark infringement: Use of the Econdataweb.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software. |
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6.m |
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Collection of personal data: Use of the Econdataweb.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. |
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6.n |
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Network disruptions and unfriendly activity: Use of the Econdataweb.com service for any activity which affects the ability of other people or systems to use Econdataweb.com Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorised entry and/or use of another company and/or individual's computer system will result in immediate account termination. Econdataweb.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. |
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6.o |
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Server abuse: Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. Econdataweb.com holds no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system. |
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6.p |
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Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. |
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6.q |
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Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. |
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6.r |
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Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account. |
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6.s |
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Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Econdataweb.com services could result in termination of service. Programs are not allowed to run continually in the background. This is to minimise system resources used and operational maintenance needed. Chat or topsite programs are not allowed on our servers other than the ones we pre-install for our clients to use. The following forum software are not allowed to be installed in our servers: Yabb and Ultimate Bulletin Board (UBB). |
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6.t |
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Violation Of Econdataweb.com Virtual Accounts: It is absolutely forbidden to host pornographic content, IRC bots, IRC servers, gaming and RPG (Role Playing Games)-related content on all hosting accounts. Any accounts found hosting this material will be subject to immediate cancellation without refund. |
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6.u |
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Violation Of Econdataweb.com Virtual Accounts: It is absolutely forbidden to host pornographic content, IRC bots, IRC servers, gaming and RPG (Role Playing Games)-related content on all hosting accounts. Any accounts found hosting this material will be subject to immediate cancellation without refund. |
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6.v |
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IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately removed from our network without notice. |
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7. |
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Client responsibilities |
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You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. |
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Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorised users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. |
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Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimise unauthorised use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Econdataweb.com will co-operate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. |
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8. |
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Miscellaneous |
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Econdataweb.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of econdataweb.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. |
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Econdataweb.com may modify, suspend, discontinue or restrict the use of any portion of econdataweb.com, including the availability of any portion of the Content at any time, without notice or liability. econdataweb.com may deny access to any person or user at any time for any reason. In addition, econdataweb.com may at any time transfer rights and obligations under this Agreement to any Tribune Company affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires econdataweb.com or any of their assets. |
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These Terms of Service will be governed by and construed in accordance with the laws of Spain. You hereby agree that any cause of action you may have with respect to econdataweb.com must be filed or made to the permitted authority in the province of Malaga, Spain, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of econdataweb.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to econdataweb.com, and all other provisions for which survival is equitable or appropriate. |
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In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control. |
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© Econdataweb 2005 |
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