These terms and conditions (the "Terms") govern your use of the WiredMinds ("WiredMinds") Web sites in Europe and the United States (the "Web site"). If you do not agree with these Terms, do not use this Web site and/or any services provided by WiredMinds over these Web sites.
General Use Restrictions
All information, documents, products, software, and services (the "Materials") provided on this Web site were provided by or to WiredMinds by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of WiredMinds and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of WiredMinds or the Third Party Provider. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of WiredMinds. You also may not, without WiredMinds' prior express written permission, "mirror" any Material contained on this Web site on any other server.
Nothing on this Web site shall be construed as conferring any license under any of WiredMinds' or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download WiredMinds' Materials on this Web site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.
Any unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by WiredMinds. WiredMinds does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by WiredMinds.
WiredMinds is committed to respecting others' intellectual property rights, and we ask our users to do the same. WiredMinds may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights.
Links to Third Party Sites
This Web site may be linked to other websites which are not under the control of and are not maintained by WiredMinds. WiredMinds is not responsible for the content of those sites. WiredMinds is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by WiredMinds of those sites.
Third Party Software
WiredMinds Enterprise Edition Services is using the IP-to-country database provided by WebHosting.Info (http://www.webhosting.info), available from ip-to-country.webhosting.info. WiredMinds will not guarantee the accuracy or quality of the provided database but will check the quality of the used data on a permanent basis.
Software Use Restrictions
Any software that is made available to download from the Web site (the "Software") is the copyrighted work of WiredMinds and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Installation assistance, product support and maintenance, if any, of the Software is available from WiredMinds and/or the Third Party Providers, as the case may be.
THE SOFTWARE AND SERVICES PROVIDED ON THIS WEB SITE ARE WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
High Risk Activities
The Software and Services provided on this server are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Submissions
Unless otherwise explicitly stated, herein, or in wiredminds.com's Privacy Policy, any Materials provided by you in connection with this Web site shall be deemed to be provided on a non-proprietary and non-confidential basis. WiredMinds shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not WiredMinds, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WIREDMINDS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.
Limitation of Liability
WIREDMINDS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL WIREDMINDS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF WIREDMINDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND WILL NOT MAKE A CLAIM AGAINST WIREDMINDS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD WIREDMINDS HARMLESS FROM, AND YOU COVENANT NOT TO SUE WIREDMINDS FOR, ANY CLAIMS BASED ON USING THE WEB SITE.
Local Laws; Export Control
WiredMinds controls and operates this Web site from different locations in the United States and Europe and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
General
This Web site could include inaccuracies or typographical errors. WiredMinds and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Changes are periodically made to the Web site.
These Terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting or additional, communications. WiredMinds can revise these Terms at any time without notice by updating this posting.
WiredMinds Services Agreement
The services provided for under this agreement shall begin on the creation date of your account and will remain in effect as long as your account is active.
Client will be responsible for payment in advance of service provided. All accounts will be billed on a fixed monthly or yearly basis (beginning and ending the first and last days of the calendar month) or on one of the pre-paid plans.
Once the client approves of and pays for any outstanding balances owed for work done, the work (design, scripts, databases, programming , etc.) or the working results of a booked service becomes the property of the client.
Both parties agree to accept electronic mail as legally binding documentation for billing and notification purposes.
All invoices are due and payable upon receipt. Failure to pay any amount due within thirty (30) days of the due date shall constitute sufficient grounds for termination of service without notice.
In the United States, all returned checks are subject to a $20.00 fee for each time they are returned by your bank. Accounts may be terminated if bad checks are not paid within five (5) days.
Privacy Statement: WiredMinds collects business, personal and financial information from you as part of the standard order process. This information is never sold to any other party, and will never be shared with any entity except as required by law or court judgments. Please also read WiredMinds Privacy Statements.
WiredMinds reserves the right to change the rates and otherwise modify this notice upon thirty-(30) days notice to you. Use of WiredMinds Online Services after the effective date constitutes acceptance of the new terms and conditions /service agreement.
WiredMinds Online Services are provided on an as is basis. These services are provided without warranty of any kind, expressed or implied, including programming services, database services, any software or material provided to the client, or any other type of service offered.
In no event will WiredMinds be liable for any direct, indirect, incidental, or consequential damages, including but not limited to, loss of data resulting from delays, non-deliveries, or service interruptions caused by WiredMinds or by your own errors and/or omissions or by an act of God.
Client is responsible for implementing sufficient procedures and checkpoints to satisfy its requirements for accuracy and security of data and access codes. Although WiredMinds routinely backs up it's clients data, the client is also responsible for maintaining a means external to WiredMinds for archiving any data critical to the client.
Client agrees to protect and treat as confidential all passwords, user names, and proprietary information provided by WiredMinds for access to its systems. Sharing of names/accounts is expressly forbidden. If a client believes their user name or password has been compromised, immediate email or written notification must be provided to WiredMinds. Client will be held responsible for all acts/communications initiated or authorized by its user name.
WiredMinds Online Service may only be used for lawful purposes. Transmission or storage of any material in violation of any US state law or regulation is prohibited. This is included, but not limited to, copyright material, material legally judged to be threatening or obscene or material protected by trade secret. The client agrees to indemnify and hold harmless WiredMinds, from any claims resulting from clients' use of the service.
Any access to other networks or systems through WiredMinds Online Service must comply with the applicable rules of that service.
WiredMinds specifically denies any responsibility for the accuracy or quality of information obtained through its services. Use of any information obtained via WiredMinds Online Service is at your own risk. WiredMinds will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of WiredMinds itself.
WiredMinds will not be responsible for service interruptions beyond its control; including but not limited to acts of nature, service interruptions by its providers, or modifications to the clients system by the client or a third party.
WiredMinds reserves the right to bring the system down at any time for service or system upgrades. Clients will be notified by email at least two (2) days prior to any scheduled major service/upgrades. Service upgrades without the shutdown of a service may happen without prior and explicit notification.
WiredMinds will not monitor or regulate the content of information or data passing through or temporarily stored on its system, except under court order or where reasonable suspicion of a legal violation exists.
WiredMinds reserves the right to discontinue all or any part of the provided service at any time for any reason.
WiredMinds will make a reasonable effort to respond to requests for support; however, technical support is not implied under the terms of this agreement.
These terms and conditions represent the entire agreement between you, the client, and WiredMinds, Inc. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of California, United States of America. Client consents and submits to the jurisdiction of any state or federal court located within San Francisco, California. Client hereby waives any right to change venue. Any claims or causes of action arising out of or related to this agreement must be initiated within one (1) year after the claim or cause of action has arisen or be barred.
Acceptable Usage Policy:
This memorandum establishes operating principles and acceptable use policies as they relate to the Clients use of the Internet and the connection/services provided by WiredMinds to the Client.
1) Responsibility and Respect - The Internet is a network intended for use by users that act in a mature manner. The Client recognizes this principle and undertakes at all times to act with respect, courtesy and responsible, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:
2) Improper Uses - The Client will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
3) Compliance with Laws - The Client will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
4) Validation of Information - The Client is responsible for validating the integrity of the information and data he or she receives or transmits over the Internet.
5) Security - The Client is required to protect the security of his or her Internet account and usage. The Client's password should be treated as private and confidential and not disclosed to or shared with any third parties.
6) Discretion and Judgment - The Client is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
7) Adult-related Material - We adhere to U.S. laws and regulations regarding adult-related material of any nature.
8) Net abuse, including but not limited to activities such as using a non-existent email return address, mailbombing, subscribing someone else to a mailing list without that person's permission, or attempting without authorization to enter into a secured computer system. WiredMinds reserves the right to determine what constitutes net abuse. Furthermore, repeated offenders having been warned of unauthorized service usage may be subject to a $5000.00 fee per incident covering the additional activity needed to be performed by WiredMinds with regards to said unauthorized service usage.
9) Unauthorized Monitoring or Exploiting - Clients using the WiredMinds Online Service for the unauthorized monitoring of Web sites or any other illegal abuse of the provided services on any of our servers will be assessed accordingly or face immediate suspension.
10) Resale of service - Clients may not resell any service within their own account, but are responsible for the entire content. Clients may not resell monitoring, mail, phone or pager services including, but not limited to, mail forwarding capabilities, or any other kind of service.
11) Choice of Laws/Venues - User agrees that any disputes involving this Web site and the provided services shall be adjudicated to any federal or state court located in San Francisco, California. User agrees to submit to jurisdiction and venue in any state or federal court in San Francisco, California.
Agent for Notice:
Legal Department
WiredMinds North-America
WiredMinds Inc.
c/o K&L Gates
630 Hansen Way | Palo Alto, CA 94304
E-mail: legal@wiredminds.com
Europe / Asia
WiredMinds AG, Niederlassung Stuttgart
Immenhofer Str. 21
70180 Stuttgart
+49-(0)711-585331-0 (Phone)
+49-(0)711-585331-11 (Fax)
E-mail: contact@wiredminds.de
5/15/2003 - © WiredMinds