CYBERIC WEB DESIGN INC'S TERMS OF USE: BY LOGIN IN, YOU AGREE TO THE
FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF CYBERIC
WEB DESIGN'S ONLINE SERVICE ("BEYOND").
1. Privacy & Security; Disclosure: Cyberic Web Design's privacy and
security policies may be viewed at http://www.cyberic.net/beyond/privacy_policy.php.
Cyberic Web Design reserves the right to modify its privacy and security
policies in its reasonable discretion from time to time.
2. License Grant & Restrictions: Cyberic Web Design hereby grants you
a non-exclusive, non-transferable, worldwide right to use the Service, solely
for your own internal business purposes, subject to the terms and conditions of
this Agreement. All rights not expressly granted to you are reserved by Cyberic
Web Design and its licensors.
You may not access the Service if you are a direct competitor of Cyberic
Web Design, except with Cyberic Web Design's prior written consent. In addition,
you may not access the Service for purposes of monitoring its availability,
performance or functionality, or for any other benchmarking or competitive
purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party the Service or the Content in any way; (ii) modify or make derivative
works based upon the Service or the Content; (iii) create Internet "links" to
the Service or "frame" or "mirror" any Content on any other server or wireless
or Internet-based device; or (iv) reverse engineer or access the Service in
order to (a) build a competitive product or service, (b) build a product using
similar ideas, features, functions or graphics of the Service, or (c) copy any
ideas, features, functions or graphics of the Service. User licenses cannot be
shared or used by more than one individual User but may be reassigned from time
to time to new Users who are replacing former Users who have terminated
employment or otherwise changed job status or function and no longer use the
Service.
3. Your Responsibilities: You are responsible for all activity
occurring under your User accounts and shall abide by all applicable local,
province, national and foreign laws, treaties and regulations in connection with
your use of the Service, including those related to data privacy, international
communications and the transmission of technical or personal data. You shall:
(i) notify Cyberic Web Design immediately of any unauthorized use of any
password or account or any other known or suspected breach of security; (ii)
report to Cyberic Web Design immediately and use reasonable efforts to stop
immediately any copying or distribution of Content that is known or suspected by
you or your Users; and (iii) not impersonate another Cyberic Web Design user or
provide false identity information to gain access to or use the Service.
4. Account Information and Data: Cyberic Web Design does not own any
data, information or material that you submit to the Service in the course of
using the Service ("Customer Data"). You, not Cyberic Web Design, shall have
sole responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all
Customer Data, and Cyberic Web Design shall not be responsible or liable for the
deletion, correction, destruction, damage, loss or failure to store any Customer
Data. In the event this Agreement is terminated (other than by reason of your
breach), Cyberic Web Design will make available to you a file of the Customer
Data within 30 days of termination if you so request at the time of termination.
Cyberic Web Design reserves the right to withhold, remove and/or discard
Customer Data without notice for any breach, including, without limitation, your
non-payment. Upon termination for cause, your right to access or use Customer
Data immediately ceases, and Cyberic Web Design shall have no obligation to
maintain or forward any Customer Data.
5. Intellectual Property Ownership: Cyberic Web Design alone (and
its licensors, where applicable) shall own all right, title and interest,
including all related Intellectual Property Rights, in and to the Cyberic Web
Design Technology, the Content and the Service and any suggestions, ideas,
enhancement requests, feedback, recommendations or other information provided by
you or any other party relating to the Service. This Agreement is not a sale and
does not convey to you any rights of ownership in or related to the Service, the
Cyberic Web Design Technology or the Intellectual Property Rights owned by
Cyberic Web Design. The Cyberic Web Design name, the Cyberic Web Design logo,
and the product names associated with the Service are trademarks of Cyberic Web
Design or third parties, and no right or license is granted to use them.