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Terms of Use
ACCEPTANCE OF TERMS.
The services that Olvio IT, Inc. provides to you are subject to the
following Terms of Use ("TOU"). Olvio IT, Inc. reserves the right to update the
TOU at any time without notice to you. The most current version of the TOU can
be reviewed by clicking on the "Terms of Use" hypertext link located at the
bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Olvio IT, Inc. provides you with
access to a variety of resources, including developer tools, download areas,
communication forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the
Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement
disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of Olvio IT, Inc. and/or its suppliers. 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 ("License Agreement"). An
end user will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License
Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OLVIO IT
INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, OLVIO IT INC. MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. OLVIO IT INC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO
THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR
IN OLVIO IT INC. SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Olvio IT, Inc., 602 Grandview Ave #2R, Ridgewood,
NY 11385-2431.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout of the Olvio.com
Web site or any other Olvio IT, Inc. owned, operated, licensed or
controlled site. Elements of Olvio Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any Olvio IT,
Inc. Web site may be copied or retransmitted unless expressly permitted by
Olvio IT.
OLVIO IT INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. OLVIO IT, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL OLVIO IT, INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. OLVIO IT, INC AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL OLVIO IT, INC AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Olvio IT, Inc. immediately of any unauthorized use of your
account or any other breach of security. Olvio IT, Inc. will not be
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by Olvio IT, Inc. or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any Olvio IT, Inc. server, or the network(s)
connected to any Olvio IT, Inc. server, or interfere with any other
party's use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer systems or
networks connected to any Olvio IT, Inc. server or to any of the
Services, through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
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Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
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Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control the rights thereto or
have received all necessary consent to do the same.
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Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
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Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
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Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
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Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
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Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication
Services.
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Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail
addresses.
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Violate any applicable laws or regulations.
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Create a false identity for the purpose of misleading others.
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Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage
information or any portion thereof.
Olvio IT, Inc. has no obligation to monitor the Communication Services.
However, Olvio IT, Inc. reserves the right to review materials posted
to the Communication Services and to remove any materials in its sole
discretion. Olvio IT, Inc. reserves the right to terminate your
access to any or all of the Communication Services at any time, without notice,
for any reason whatsoever.
Olvio IT, Inc. reserves the right at all times to disclose any information
as Olvio IT, Inc. deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in Olvio IT,
Inc.'s sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Olvio IT,
Inc. does not control or endorse the content, messages or information found in
any Communication Services and, therefore, Olvio IT, Inc. specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Services.
Managers and hosts are not authorized Olvio IT, Inc. spokespersons, and
their views do not necessarily reflect those of Olvio IT, Inc..
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO OLVIO IT, INC OR POSTED AT ANY OLVIO IT,
INC. WEB SITE.
Olvio IT, Inc. does not claim ownership of the materials you provide to
Olvio IT, Inc. (including feedback and suggestions) or post, upload, input or
submit to any Services or its associated services for review by the general
public, or by the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are granting
Olvio IT, Inc., its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet
businesses (including, without limitation, all Olvio IT, Inc. Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; to publish your name in connection with your
Submission; and the right to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Olvio IT, Inc. is under no obligation to post or use any
Submission you may provide and Olvio IT, Inc. may remove any Submission at
any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of Use
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that (a)
you are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
use and as otherwise permitted by these Terms of Use and the Services, (b) you
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having
your name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove such Images from
the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time you completely remove
such Images. No compensation will be paid with respect to the use of your
Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
RESPONSE. Send all inquiries to copyright@olvio.com
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE OLVIO IT, INC.'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF OLVIO IT AND OLVIO IT IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. OLVIO IT,
INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. OLVIO IT IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY OLVIO IT, INC. OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
OLVIO IT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR
OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN OLVIO IT, INC.'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO OLVIO IT. SO, PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO OLVIO IT, INC. OR ANYONE AT OLVIO IT,
INC.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT OLVIO IT, INC. MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2002-2004 Olvio IT, Inc., 602 Grandview Ave. #2R, Ridgewood, NY
11385-2431 U.S.A. All rights reserved.
TRADEMARKS.
Olvio, Olvio IT logo, Olvio.com, PlusSuite, PlusDock, PlusPad, Olvio.Ecommerce,
PlusGrid and/or other Olvio IT, Inc. products referenced herein are
either registered trademarks or trademarks of Olvio IT, Inc. in
the U.S. and/or other countries. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners. The example
companies, organizations, products, domain names, email addresses, logos,
people and events depicted herein are fictitious. No association with any real
company, organization, product, domain name, e-mail address, logo, person, or
event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
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