PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY CLICKING “I Agree”, AND/OR BY USING THE MYbusinessOS SERVICE OR SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, EVEN IF YOU HAVE NOT READ THEM. IT IS IMPORTANT TO READ THIS ENTIRE AGREEMENT. IN PARTICULAR, IT CONTAINS PROVISIONS THAT MAY LIMIT YOUR RIGHTS, SUCH AS THE “License” and “Limited Warranty” SECTIONS.
- These are the terms and conditions under which you may use MYbusinessOS (the “Service”) as it may exist from time to time – an online service that gives users control over their internet access – which is provided by RAF Enterprising Inc. (“Provider”). The Service may require the installation of software on your computer. This agreement governs your use of both the online service and such software.
- Copyright Copyright © 2013 RAF Enterprising Inc. All rights reserved. The Service is owned by and copyrighted by Provider and its suppliers and contains trade-marks of Provider or others. You may not reproduce any part of the Service. Unauthorized use of the Service may violate copyright, trade-mark and other laws.
- Term You may use the Service for so long as you pay the required fees to the Provider, or until the Provider terminates your use of the Service as provided for herein.
- License If the Service includes the use of software on your computer provided by the Provider, the Provider hereby grants to you a non-exclusive, non-transferable license to use such software as part of the Service. You may not use such software for any other purpose. You will not: (a) reproduce, sell, rent, assign, lease, sublicense, distribute, pledge, serve third parties, market or commercially exploit the Service in any way; (b) use the Service for any purpose or function whatsoever other than for its own internal use or; (c) reverse engineer, decompile, disassemble or create derivative works from any software that is part of the Service, except and only to the extent such activity is expressly permitted by applicable law notwithstanding such limitation; (e) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on the Service or any software.
Such software may include Boost open source library code. In addition to the other terms of this agreement, the Boost portions will be governed by the following:
Boost Software License – Version 1.0 – August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the “Software”) to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
- Logon Access to the Service requires a logon ID and password. It is your responsibility to protect that information, including using effective passwords that are not easily guessed or discoverable, and keeping login ID’s and passwords confidential.
- Acceptable Use You are responsible for all activity you conduct using the Service. You will not use the Service for purposes proscribed by Provider from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trade-mark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment. Provider does not routinely monitor individual use of the Service, but may in its discretion terminate the access of offending users.
- Termination Provider, in its sole discretion and without prior notice, may terminate your use of the Service, for any reason, including, without limitation, (a) if Provider believes you have violated this agreement, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) in compliance with legal process; and (e) nonpayment of your fees. Provider may, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.
- Limited Warranty Provider will use reasonable efforts to keep the Service operational on a continuing basis, but does not warrant that the Service is error free, that it will operate without problems or without interruption.
All promises made by Provider are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply. You cannot collect any damages from Provider for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the amount paid by you to Provider hereunder for the Services for a 6 month period.
Provider relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
- Governing Law This Service is governed by the laws of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Provider shall take place in the courts of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
- Change Terms Provider may change these terms by posting notice on its site.
- Contact Contact information is provided at https://support.mybusinessos.com/contact/