Terms of Use
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1. ACCEPTANCE OF TERMS
We will refer to Syswan Technologies Inc. as the "Service". We (that is Syswan Technologies Inc. and its other business groups and affiliates) will provide the Service to you, subject to the following terms and conditions – referred to as the "Service Agreement" or "SA", which may be updated or modified by us from time to time without notice to you, therefore you need to regularly check this agreement to stay up to date. You can review the most current version of the SA at any time at http://www.syswan.com/terms.htm. Your use of the Service will confirm our agreement to these terms and conditions as well as your acceptance of the changes we make to the SA. In addition, when using particular Syswan Technologies Inc. services subject to this SA, you and Syswan Technologies Inc. shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are incorporated by reference into the SA. If you are a Syswan Technologies Inc. Resell member, please note that a different service agreement applies to your use of that Syswan Technologies Inc. service and its associated features.
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING SYSWAN.COM. BY ACCESSING OR USING SYSWAN.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE SYSWAN.COM. REMEMBER THAT SYSWAN TECHNOLOGIES INC. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF SYSWAN TECHNOLOGIES INC. SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
Syswan Technologies Inc. is a worldwide provider of Internet Routing and Networking products. Our website www.syswan.com is an information service of such products. Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the SA. You understand and agree that the Service is provided "AS IS" and that we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user provided content, communications, or personalisation settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require you to register and obtain a password. In return for our enabling you to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself when necessary or as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. SYSWAN TECHNOLOGIES INC. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.syswan.com/privacy.htm. In addition, by using the Service, you acknowledge and agree that Syswan Technologies Inc. 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 the SA; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Syswan Technologies Inc., its users and the public.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires you to register as described above, you will also receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. USE OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information, data, text, messages, postings, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Syswan Technologies Inc., are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. If you have included information available through the Service then you are responsible for making modifications or updating information to the extent there are errors or updates are required. Syswan Technologies Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Syswan Technologies Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content (for example, if a phone number posted in Syswan Technologies Inc. is listed wrong), or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Service. You agree not to change or delete any proprietary notices from directory listings downloaded from the Service.
You agree that you will not use the Service or the information obtained through the Service (including without limitation, directory or event listings):
1. for solicitations, commercial or otherwise;
2. for incorporation into a commercial product or service;
3. to download directory listings or other information by using any type of automated means;
4. for the purposes of soliciting, offending or harassing any person or persons;
5. to alter the directory listings, event listings, or other information, or enter additional listings or Content which in any way: (i) are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of another, or (iii) are known to be false or misleading at the time of entry.
6. impersonate any person or entity, including, but not limited to, a Syswan Technologies Inc. official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. 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;
8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
9. intentionally or unintentionally violate any applicable local, state, national or international law.
(b) You understand that the technical processing and transmission of the Service, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SYSWAN TECHNOLOGIES INC.’S RIGHTS AND REPRESENTATIONS
(a) Syswan Technologies Inc. Reserves the right to remove any Content from the Service at any time and at its sole discretion.
(b) Syswan Technologies Inc. Cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
(c) SYSWAN TECHNOLOGIES INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE, AND SYSWAN TECHNOLOGIES INC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SYSWAN TECHNOLOGIES INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL SYSWAN TECHNOLOGIES INC. (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF SYSWAN TECHNOLOGIES INC. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SYSWAN TECHNOLOGIES INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. INDEMNITY
You agree to indemnify and hold Syswan Technologies Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the SA, or your violation of any rights of another.
9. MODIFICATIONS TO SERVICE
Syswan Technologies Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Syswan Technologies Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION
You agree that Syswan Technologies Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Syswan Technologies Inc. believes that you have violated or acted inconsistently with the letter or spirit of the SA. Syswan Technologies Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this SA may be effected without prior notice, and acknowledge and agree that Syswan Technologies Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Syswan Technologies Inc. shall not be liable to you or any third party for any termination of your access to the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Syswan Technologies Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Syswan Technologies Inc. has no control over such sites and resources, you acknowledge and agree that Syswan Technologies Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Syswan Technologies Inc. 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. SYSWAN TECHNOLOGIES INC.'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Syswan Technologies Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The compilation of the contents of the Service are copyrighted under the copyright laws of the United States. The owner of the copyright is Syswan Technologies Inc. and in some cases a third party. Syswan Technologies Inc. grants you a personal, non-transferable and non-exclusive right and license to print and download portions of information found on the Service solely for your own non-commercial use. Any other copying, redistribution, retransmission, display or publication of any downloaded information is strictly prohibited without the express written consent of Syswan Technologies Inc.
You agree to grant to Syswan Technologies Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, and publicly display any Content and other materials or information such as ideas contained therein for new or improved products and services you submit to Syswan Technologies Inc. (such as through posting to public areas or mailing to Syswan Technologies Inc.) by all means and in any media now known or hereafter developed. You also agree to grant to Syswan Technologies Inc. the right to use your name in connection with the submitted Content as well as in connection with all advertising, marketing and promotional material related thereto. You grant Syswan Technologies Inc. non-exclusive, royalty-free, worldwide permission to implement or use in any manner and in any media any ideas or information contained in your communications. You further agree to release Syswan Technologies Inc. from any claims of alleged or actual infringement, or misappropriation of any proprietary rights that may result from such implementation or use.
14. DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN A COURT OF LAW, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE STATE. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. The foregoing notwithstanding, this agreement shall not prevent the parties from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
15. TRADEMARK NOTICES
Syswan Technologies, Duolinks, Triolinks, Octolinks and SYSWAN VPN Client are trademarks and/or service marks of Syswan Technologies Inc. Other Syswan Technologies Inc. products, services and company names mentioned herein and or applicable Company Web sites may be the trademarks and/or service works of Syswan Technologies Inc. Other product, service and company names mentioned herein may be the trademarks or service marks of their respective owners.
16. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws. This site is controlled and operated by Syswan Technologies Inc. from its offices within the United States of America. Syswan Technologies Inc. makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Syswan Technologies Inc.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Syswan Technologies Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. The section titles in the SA are for convenience only and have no legal or contractual effect.
17. VIOLATIONS
Please report any violations of the SA to our Support group by sending us paper mail to:
Syswan Technologies Inc.
Attention: Violations
2050 Beavercreek Road - Suite 101 # 388
Oregon City, OR, 97045 - USA
We will refer to Syswan Technologies Inc. as the "Service". We (that is Syswan Technologies Inc. and its other business groups and affiliates) will provide the Service to you, subject to the following terms and conditions – referred to as the "Service Agreement" or "SA", which may be updated or modified by us from time to time without notice to you, therefore you need to regularly check this agreement to stay up to date. You can review the most current version of the SA at any time at http://www.syswan.com/terms.htm. Your use of the Service will confirm our agreement to these terms and conditions as well as your acceptance of the changes we make to the SA. In addition, when using particular Syswan Technologies Inc. services subject to this SA, you and Syswan Technologies Inc. shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are incorporated by reference into the SA. If you are a Syswan Technologies Inc. Resell member, please note that a different service agreement applies to your use of that Syswan Technologies Inc. service and its associated features.
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING SYSWAN.COM. BY ACCESSING OR USING SYSWAN.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE SYSWAN.COM. REMEMBER THAT SYSWAN TECHNOLOGIES INC. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF SYSWAN TECHNOLOGIES INC. SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
Syswan Technologies Inc. is a worldwide provider of Internet Routing and Networking products. Our website www.syswan.com is an information service of such products. Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the SA. You understand and agree that the Service is provided "AS IS" and that we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user provided content, communications, or personalisation settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require you to register and obtain a password. In return for our enabling you to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself when necessary or as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. SYSWAN TECHNOLOGIES INC. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.syswan.com/privacy.htm. In addition, by using the Service, you acknowledge and agree that Syswan Technologies Inc. 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 the SA; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Syswan Technologies Inc., its users and the public.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires you to register as described above, you will also receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. USE OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information, data, text, messages, postings, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Syswan Technologies Inc., are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. If you have included information available through the Service then you are responsible for making modifications or updating information to the extent there are errors or updates are required. Syswan Technologies Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Syswan Technologies Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content (for example, if a phone number posted in Syswan Technologies Inc. is listed wrong), or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Service. You agree not to change or delete any proprietary notices from directory listings downloaded from the Service.
You agree that you will not use the Service or the information obtained through the Service (including without limitation, directory or event listings):
1. for solicitations, commercial or otherwise;
2. for incorporation into a commercial product or service;
3. to download directory listings or other information by using any type of automated means;
4. for the purposes of soliciting, offending or harassing any person or persons;
5. to alter the directory listings, event listings, or other information, or enter additional listings or Content which in any way: (i) are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of another, or (iii) are known to be false or misleading at the time of entry.
6. impersonate any person or entity, including, but not limited to, a Syswan Technologies Inc. official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. 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;
8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
9. intentionally or unintentionally violate any applicable local, state, national or international law.
(b) You understand that the technical processing and transmission of the Service, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SYSWAN TECHNOLOGIES INC.’S RIGHTS AND REPRESENTATIONS
(a) Syswan Technologies Inc. Reserves the right to remove any Content from the Service at any time and at its sole discretion.
(b) Syswan Technologies Inc. Cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
(c) SYSWAN TECHNOLOGIES INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE, AND SYSWAN TECHNOLOGIES INC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SYSWAN TECHNOLOGIES INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL SYSWAN TECHNOLOGIES INC. (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF SYSWAN TECHNOLOGIES INC. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SYSWAN TECHNOLOGIES INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. INDEMNITY
You agree to indemnify and hold Syswan Technologies Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the SA, or your violation of any rights of another.
9. MODIFICATIONS TO SERVICE
Syswan Technologies Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Syswan Technologies Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION
You agree that Syswan Technologies Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Syswan Technologies Inc. believes that you have violated or acted inconsistently with the letter or spirit of the SA. Syswan Technologies Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this SA may be effected without prior notice, and acknowledge and agree that Syswan Technologies Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Syswan Technologies Inc. shall not be liable to you or any third party for any termination of your access to the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Syswan Technologies Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Syswan Technologies Inc. has no control over such sites and resources, you acknowledge and agree that Syswan Technologies Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Syswan Technologies Inc. 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. SYSWAN TECHNOLOGIES INC.'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Syswan Technologies Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The compilation of the contents of the Service are copyrighted under the copyright laws of the United States. The owner of the copyright is Syswan Technologies Inc. and in some cases a third party. Syswan Technologies Inc. grants you a personal, non-transferable and non-exclusive right and license to print and download portions of information found on the Service solely for your own non-commercial use. Any other copying, redistribution, retransmission, display or publication of any downloaded information is strictly prohibited without the express written consent of Syswan Technologies Inc.
You agree to grant to Syswan Technologies Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, and publicly display any Content and other materials or information such as ideas contained therein for new or improved products and services you submit to Syswan Technologies Inc. (such as through posting to public areas or mailing to Syswan Technologies Inc.) by all means and in any media now known or hereafter developed. You also agree to grant to Syswan Technologies Inc. the right to use your name in connection with the submitted Content as well as in connection with all advertising, marketing and promotional material related thereto. You grant Syswan Technologies Inc. non-exclusive, royalty-free, worldwide permission to implement or use in any manner and in any media any ideas or information contained in your communications. You further agree to release Syswan Technologies Inc. from any claims of alleged or actual infringement, or misappropriation of any proprietary rights that may result from such implementation or use.
14. DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN A COURT OF LAW, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE STATE. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. The foregoing notwithstanding, this agreement shall not prevent the parties from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
15. TRADEMARK NOTICES
Syswan Technologies, Duolinks, Triolinks, Octolinks and SYSWAN VPN Client are trademarks and/or service marks of Syswan Technologies Inc. Other Syswan Technologies Inc. products, services and company names mentioned herein and or applicable Company Web sites may be the trademarks and/or service works of Syswan Technologies Inc. Other product, service and company names mentioned herein may be the trademarks or service marks of their respective owners.
16. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws. This site is controlled and operated by Syswan Technologies Inc. from its offices within the United States of America. Syswan Technologies Inc. makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Syswan Technologies Inc.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Syswan Technologies Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. The section titles in the SA are for convenience only and have no legal or contractual effect.
17. VIOLATIONS
Please report any violations of the SA to our Support group by sending us paper mail to:
Syswan Technologies Inc.
Attention: Violations
2050 Beavercreek Road - Suite 101 # 388
Oregon City, OR, 97045 - USA
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Support (toll free USA/Canada) : 1-877-7-SYSWAN
