Login
Sign-up
RSS Feed
Make text smaller A A A Make text larger


Terms and Conditions of Use - Virusproofdocs.com - February 2007

This page states the Terms and Conditions under which you may use www.virusproofdocs.com.

Datawitness Online Ltd. dba Virusproofdocs.com ("Virusproofdocs") may revise these Terms and Conditions from time to time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User", "Client", "Subscriber" or Account Holder" as used herein refer to all individuals and/or entities accessing the Virusproofdocs web site for any reason.

Terms of This Agreement

This Agreement is effective on the date of your enrollment as a subscriber to the Virusproofdocs service and remains effective for so long as you are an active User of the Virusproofdocs service. The prepaid fees for Virusproofdocs services are charged as a multiple of the number of submissions you select. The fees charged by Virusproofdocs for any or all service packages may increase or decrease. The fee charged per submission will always be listed on the Purchase page on the Virusproofdocs.com web site at the time in question. By using the Virusproofdocs service, you are indicating your acceptance of these Terms and Conditions.

Payment

Fees are charged to your credit card when you authorize a purchase transaction for Virusproofdocs submissions throught the Virusproofdocs.com web site.

Use of Material Top

For as long as you are a registered Virusproofdocs User, Virusproofdocs authorizes you to use this site for any and all legitimate purposes. The contents of this web site, such as text, graphics, images, logos, button icons, software and other Material, are protected under both Canadian and foreign copyright, trademark and other laws. All Material is the property of the Virusproofdocs or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of the Company and protected by Canadian and International copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trade mark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited unless licensed to you under contract. You shall not copy or adapt the HTML code that Virusproofdocs creates to generate its pages. It is also protected by the Virusproofdocs’ copyright.

Acceptable Site Use

General Rules: Users may not use the web site in order to transmit, distribute, store or create facsimiles of material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Web Site Security Rules - Users are prohibited from violating or attempting to violate the security of the web site, including, without limitation (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mail-bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Virusproofdocs will investigate occurrences that may involve such violations and may cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

Specific Prohibited Uses Top

The web site may be used only for lawful purposes by individuals and/or companies in the course of attending to the communications and information exchange necessary in their day-to-day personal lives, businesses or professional activities. Virusproofdocs specifically prohibits any use of the web site, and all Users agree not to use the web site, for any of the following:
- Deliberately transmitting any incomplete, false or inaccurate biographical information, or other information known to be inaccurate or misleading.
- Sending or communicating, by batch mailing proposals or arrangements to the public at large, about any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (no significant salary), or requires the recruitment of other members, sub-distributors or sub-agents.
- Sending communications through any membership or client User account except your own.
- Attempting to delete or revise any document previously transmitted through or stored in the Virusproofdocs system.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any activity being conducted on this site.
- Taking any action which imposes an unreasonable or disproportionately large load on this web site’s infrastructure.
- Disclosing your Username and passwords to any third parties, or using your assigned password for any unauthorized purpose.
- Using the Username and passwords of other Users to enter submissions into the system thereby misrepresenting the actual identity of the author.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this web site, other than the search engine and search agents available on this web site, and other than generally available third party web browsers (e.g., Netscape Navigator, Mozilla Firefox, Microsoft Internet Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the web site.

Virusproofdocs Privacy and Security Statement

Virusproofdocs is committed to protecting your privacy. This Virusproofdocs Privacy Policy applies to the Virusproofdocs.com website and governs data collection and usage of all personal and corporate information collected.

Virusproofdocs is a web-based software application intended for the use of adult members of the general public.

This Privacy Policy does not relate to Linked Sites that may be accessed from Virusproofdocs.com. Linked Sites have their own statements of privacy, which can be accessed by clicking on the links.

Collection of Your Personal Information Top

Virusproofdocs collects personal information in the sign-up section of the Virusproofdocs.com website. For a free trial account, that personal information includes your name and your e-mail address. If you decide to purchase services, additional information including your street address, city, Province or State, country, Postal or Zip Code, telephone numbers is required for billing purposes.

Virusproofdocs keeps track of the pages our clients visit within Virusproofdocs.com in order to determine what information is of the most concern or value to our users. This data may be used by Virusproofdocs only to add customized content to areas of the public viewed website pages.

Virusproofdocs keeps track of the frequency of use of particular data forms made available within Virusproofdocs.There is no personal information gathered in this process.

Virusproofdocs uses an assigned account number and an assigned user ID number to reference the location of your submissions on the microfilm rolls which form the archiving portion of our service. These references are used to locate particular documents on rolls of film only when you request that Virusproofdocs perform this service. The locating of this reference archiving information and the locating of particular documents requested by you are conducted through the use of software and hardware.

Use of Your Personal Information

Virusproofdocs uses the personal information collected from the sign-up page to deliver the service you have subscribed to on the sign-up page. Virusproofdocs also uses your personal information to bill your credit card, or contact you regarding the status of your account. Virusproofdocs may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Virusproofdocs does not sell, rent or lease its client lists to third parties. Virusproofdocs may, from time to time, contact you on behalf of companies strategically allied to our company which provide enhanced security or archiving products and services.

We may hire other companies to provide limited services on our behalf, such as providing client support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

Virusproofdocs does not collect sensitive personal information, such as race, religion, or political affiliations.

Virusproofdocs may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Virusproofdocs or the Virusproofdocs.com website; (b) protect and defend the rights or property of Virusproofdocs and its subsidiaries or (c) act under exigent circumstances to protect the personal safety of users of the Virusproofdocs web based software, its web sites, or the public.

Personal information collected on this site may be stored and processed in Canada or any other country in which Virusproofdocs or its affiliates, subsidiaries or agents maintain archiving facilities, and by using this site, you consent to any such transfer of information outside of your country. Virusproofdocs abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Changes to Your Personal Information Top

Virusproofdocs offers its clients choices for the updating of personal information. You may make these changes yourself once logged into your user account.

Security of Your Personal Information

Virusproofdocs is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Use of Cookies

Virusproofdocs uses a single cookie that identifies your current session. This cookie is simply a string of letters and numbers such as 'dda08c348907efc05caa89cc7938d4e9' or 'e1cecd423c4c1c47ee786b852aba2560'. All data associated with your session is stored on our server. Your user name, password and other personal data are not stored in cookies.

Enforcement of this Privacy Policy

If you have questions regarding this policy, you may contact Virusproofdocs at privacy@Virusproofdocs.com.

Changes to this Policy

Virusproofdocs will occasionally update this Privacy Policy to reflect company and client feedback.

Contact Information

Virusproofdocs welcomes your comments regarding this Privacy Policy. If you believe that Virusproofdocs has not adhered to this Policy, please contact Virusproofdocs.

Attention: Privacy
Virusproofdocs
113 - 10451 Shellbridge Way
Richmond, British Columbia
Canada V6X 2W8

User Submissions

As a User, you are responsible for your own usage, and are responsible for the content and consequences of any submissions to the Virusproofdocs system. You must not, and by using this web site you agree not to, do the following things:
1. Transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to reproduce it;
2. Transmit material that reveals trade secrets, unless you own them or have the permission of the owner;
3. Transmit material that infringes on any intellectual property rights of others, or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of businesses, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Accuracy, Truthfulness and Reliability Top

The Virusproofdocs does not represent or guarantee any aspect of the content transmitted through Virusproofdocs, including truthfulness, accuracy, or reliability of communications, or endorse any opinions expressed by Users. You acknowledge that any reliance on material transmitted by other Users will be at your own risk. The Virusproofdocs web-based application acts as a conduit for the online storage of User-submitted information, and the Virusproofdocs does not and has no obligation to screen information in any way, and is not responsible for screening or monitoring any submissions. The Virusproofdocs has no liability or responsibility to Users for performance or nonperformance of such activities. Virusproofdocs reserves the right to expel Users and prevent their further access to the web site for violating the Terms and Conditions or the law and the right to remove submissions which are abusive, illegal, or disruptive. Virusproofdocs may take any action with respect to User-submitted information that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for Virusproofdocs or may cause Virusproofdocs to lose (in whole or in part) the services of its Information Service Providers or other suppliers. Virusproofdocs submissions are the private property of the Users, for the viewing of the Users. These documents remain the private property of the Virusproofdocs client and at no time do these documents become public property or property of the web site. By submitting content to any public area of the web site, such as the Frequently Asked Questions, message boards, forums, contests and chat rooms, when and if such become available through this website or through a web site affiliated with Virusproofdocs.com, or Virusproofdocs.com or other community access web site associated with Virusproofdocs, you grant Virusproofdocs and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the web site retains any and all rights that may exist in such content.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify Virusproofdocs of any unauthorized use of your username or password. You agree not to disclose your Username and passwords to any third parties, or use your assigned password for any unauthorized purpose. You agree that you will not use the Username and passwords of other Virusproofdocs Users for the purpose of entering submissions into the system thereby misrepresenting the actual identity of the author.

Virusproofdocs’s Liability

Virusproofdocs only provides a third party document archive service. Because User authentication on the Internet is difficult, Virusproofdocs cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on Virusproofdocs.com, in the event that you have a dispute with one or more Users, you release the Company (and our agents and employees) from claims, demands and damages (contractual and extra-contractual, actual and consequential, direct and indirect, and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and do not, control the information provided by other Users which is made available through the web site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this web site. The Material may contain inaccuracies or typographical errors. Virusproofdocs makes no representations about the accuracy, reliability, completeness, or timeliness of the web site or the Material. The use of the web site and the Material is at your own risk. Changes are periodically made to the web site and may be made at any time. Virusproofdocs shall endeavor to make such changes in non-peak business hours but cannot assure that it will not be required to make changes to the site during business hours.

Extent of Archiving of Client’s Submissions

For so long as the Virusproofdocs service is offered, Virusproofdocs will retain digital or microfilm copies of all documents submitted through the normal Virusproofdocs service. No digital files will be purged without notice of purging being made to the account holder and with the appropriate steps taken to provide the data to the account holder. There may be associated charges. Purges, if undertaken, will apply to specific periods of time to which all limitation of liability statutes provide that no litigation can be commenced because the events occurred so long ago that no action can be sustained due to the passage of time between the event and the date of the purging. It is the obligation of the Virusproofdocs account holder to advise Virusproofdocs if that account holder wishes to move digital files from the client’s active database on Virusproofdocs, in order to keep the bandwidth and storage features of the client’s database in a manageable form, and particularly so as the client’s database ages over a period of years. In any event of proposed purging, the account holder has full control of their data and may download all data in their account, or request that Virusproofdocs provide them with digital and or microfilm copies of their data.

No Warranties Top

Virusproofdocs DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Virusproofdocs IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Virusproofdocs, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Virusproofdocs MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL Virusproofdocs, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The web site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Virusproofdocs of the contents on such third-party web sites. Virusproofdocs is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

Specificity of Your Client Account

The database you develop using your chosen User name and password is for your specific and individual use. Your e-commerce identity and reputation depend upon the integrity of control of your Virusproofdocs account, which is for your use only.

Termination

Virusproofdocs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your subscription, or ability to access the web site, and/or any other service provided to you by Virusproofdocs, upon any breach by you of these Terms and Conditions, or if Virusproofdocs is unable to verify or authenticate any information you submitted to the web site in the registration process.

Indemnity

You agree to defend, indemnify, and hold harmless Virusproofdocs, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees (judicial and extra-judicial), alleging or resulting from your use of the web site or your breach of these Terms and Conditions.

General Top

These Terms and conditions are governed by the internal substantive laws of the Province of British Columbia, Canada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within the Province of British Columbia. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the web site, a particular "Legal Notice," or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and Virusproofdocs with respect to the use of web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Acts of Nature, God and Terrorism

Virusproofdocs has taken all reasonable precautions to protect the digital and microfilm images of your communications from destruction, or the results of Acts of Nature, God, and Terrorism, but cannot guarantee that those documents are beyond the reach of such causes. Virusproofdocs cannot be responsible for loss of documentation as a result of such events.

Your Agreement

By registering with and using the Virusproofdocs process or web site, you indicate your acceptance of these terms of use, and agree to abandon, waive, release, remise, forego and refrain from any actions of any kind against Virusproofdocs, The Eastman Kodak Company, and any other partner of or supplier to Virusproofdocs, for loss, damage, harm or injury of any kind whatsoever, the result of or associated in any way with your use of this web service.

Limitation of Liability Top

In the event that Virusproofdocs is found liable for some loss suffered by you as a result of using this web site, notwithstanding the terms and conditions of use, the total aggregate liability for Virusproofdocs to you for any and all claims arising from the use of this website, is limited to $50.00 per individual regardless of the number of events in respect of which you may make claims.

By accepting these Terms and Conditions you agree to abide by them, and certify that you have received the privacy policy contained herein.