ITmanager.net Inc. Terms of Service
Effective Date: Aug 28, 2014
ITmanager.net Inc. (“ITmanager.net”, “we”, “us” and terms of similar meaning) provides this website, ITmanager.net and any successor websites, and the software we provide as a service (“Service”) to you are subject to these “Terms of Service” (“Terms”).
Please read these Terms carefully before using the Service. If you disagree with these Terms, you may not use the Service. By accessing or using the Service, you agree to be legally bound by these Terms, policies and guidelines referenced in these Terms. These Terms constitute the entire agreement between you and ITmanager.net and govern your use of the Service. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein.
The Service is for your own use only. You may not resell, lease or assign your rights or delegate your duties in any other way to anyone else, except as expressly permitted by ITmanager.net.
ITmanager.net reserves the right to change or modify the Terms, or any applicable policies or guidelines, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, or we will post a notice visible to you the next time you access the Service. If you decide you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. Your continued use of the Service after such time will constitute your acceptance of such changes. If you have any questions about the Terms, please email us at firstname.lastname@example.org. You can also reach us by phone at 1-800-371-4841.
2. Limited License & Use of the Service
You are granted a non-exclusive, non-transferable, limited licence to access and use the Service.
ITmanager.net does not review or pre-screen the contents of electronic data uploaded or posted to the Service (“Content”) by Authorized Users (as defined below), and ITmanager.net claims no intellectual property rights with respect to the Content.
You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheets (“CSS”), mobile apps or any visual design elements without the express written permission from ITmanager.net.
You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service, Apps or modify another website so as to falsely imply that it is associated with the Service, ITmanager.net, or any other software or service provided by ITmanager.net Inc.
You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
The Service is protected by Canadian and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive licence granted pursuant to this Agreement, you acknowledge and agree that all ownership, licence, intellectual property and other rights and interests in and to the Service shall remain solely with ITmanager.net Inc.
ITmanager.net reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
ITmanager.net reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.
3. Access to the Service
If you register for an account on the Service, you agree to provide accurate, current and complete information as may be prompted by any registration forms. You are only permitted to access and use the Service if you are an Authorized User. An Authorized User is required to provide their full legal name, a valid email address, and any other information requested by the Service. Authorized Users must maintain and promptly update the Registration Data to be accurate, current and complete. Authorized users are responsible for all activity on their ITmanager.net account, and for all charges incurred by their ITmanager.net account.
Each Authorized User will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
Authorized Users that are registered under the same company (“Subscriber”) shall designate an Authorized User as administrator for the Subscriber’s subscription (“Administrator”).
Each Subscriber may have multiple Authorized Users, and the Administrator will manage the list of active Authorized Users associated with the subscription. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any particular user.
Subscribers are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
4. Security of Passwords
Authorized Users and Subscribers shall be responsible for protecting the security of Usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service.
Subscribers will implement policies and procedures to prevent unauthorized use of Usernames, and will promptly notify ITmanager.net, upon suspicion that a Username has been lost, stolen, compromised, or misused.
5. Payment, Refunds and Subscription Changes
Subscribers with paying subscriptions will provide ITmanager.net with a valid credit card for payment of the yearly subscription fee.
All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes.
Subscribers with paying subscriptions will be charged yearly starting on the date that they filled out the purchase form.
No refunds or credits will be issued for partial years of service or refunds for months unused with an active subscription.
There are no charges for cancelling a subscription, and paying subscriptions cancelled prior to the end of the current year will not be charged again in the following year.
The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes may result in loss of Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
6. Cancellation and Termination
Subscribers are solely responsible for cancelling their subscription. A valid Administrator may cancel their subscription at any time by accessing the Service.
ITmanager.net in its sole discretion, has the right to suspend or discontinue providing the Service to any Subscriber without notice for non-compliance with these Terms and pursue any other remedy legally available to it.
7. Limited Warranty and Limitation of Liability
The Service is provided on an “as is”, “as available” basis and ITmanager.net expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.
ITmanager.net, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of ITmanager.net or its affiliates does not warrant that:
- the Service will meet any specific requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
- any errors in the Service will be corrected.
- ITmanager.net, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of ITmanager.net or its affiliates, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ITmanager.net has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
- any unauthorized access to or alteration of Authorized User transmissions or Content;
- any price change, suspension or discontinuance of the Service;
- any loss of Content, modification to a feature or to the Service itself;
- any loss of Content subsequent to a cancellation or termination of a subscription to the Service;
- statements or conduct of any third party on the Service; or
- any other matter relating to the Service.
Technical support is only provided to Authorized Users with paying subscriptions.
You acknowledge and agree that ITmanager.net may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The failure of ITmanager.net to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
You may not assign your rights or delegate your duties under this licence to access the Service without the prior written consent of ITmanager.net.
These Terms constitute the entire agreement between you and ITmanager.net regarding your use of the Site, the Content, and the Service, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and ITmanager.net regarding your use of them. All documents relating to these Terms, including policies and notices, have been and shall be drawn up in the English language only.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein.
If you have any questions regarding these Terms or your use of Services please contact us:
7 Bayview Road
Ottawa, Ontario, K1Y 2C5
phone: +1 800-371-4841
fax: +1 613-627-2785