ActiveWIT On Demand Business Systems

Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to ActiveWIT. ActiveWIT provides its service to you, subject to the following Terms of Service ("TOS"), and could be updated from time to time by us without notice to you. You can review the most current version of the TOS at any time by accessing this page

2. DESCRIPTION OF SERVICE

ActiveWIT currently provides users with with the ability to create web systems on the web from the web within the limitations of ActiveWIT' tool set. The systems may contain transactions, images, and other supporting processes that are services from within ActiveWIT. You also understand and agree that the service may include communications from ActiveWIT, such as service announcements and administrative messages that you will not be able to opt out of receiving. Enhancment to the current Service, which includes releases of new versions of ActiveWIT are subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that ActiveWIT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the account's registration form (such information being the "Account Data") and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ActiveWIT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ActiveWIT has 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. ActiveWIT PRIVACY POLICY

Billing information about you is subject to our Privacy Policy. For more information, see our privacy policy

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

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 ActiveWIT 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. ActiveWIT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, photographs, graphics, messages or other materials ("Content") transmitted are the sole responsibility of the person from which such Content originated. This means that you, and not ActiveWIT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ActiveWIT does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ActiveWIT be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an ActiveWIT official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available 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; 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; You acknowledge that ActiveWIT may not pre-screen Content, but that ActiveWIT and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ActiveWIT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You acknowledge, consent and agree that ActiveWIT may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ActiveWIT, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by ActiveWIT. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. SUBMITTED CONTENT

ActiveWIT does not claim ownership of Content you submit to your collaborations.

8. INDEMNITY

You agree to indemnify and hold ActiveWIT, 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, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. "NO" RESALE of Service or Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service.

10. USE AND STORAGE

You acknowledge that ActiveWIT has limits concerning use of the Service, including without limitation to the maximum number of days that user transactions are stored and configuration information is stored. ActiveWIT has no responsibility or liability for the deletion or failure to store any information or other Content maintained or transmitted by the Service. You acknowledge that ActiveWIT logs off accounts that are inactive for an extended period of time. You further acknowledge that ActiveWIT has the right to modify USE AND STORAGE limits from time to time.

11. SERVICE MODIFICATIONS

 ActiveWIT has the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ActiveWIT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION You agree that ActiveWIT may, under certain circumstances and without notice, immediately terminate your ActiveWIT account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, or other incorporated agreements, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your ActiveWIT account includes the removal of access to your account, deletion of your password and all related configuration information, which includes and content associated with or inside your account (or any part thereof), and barring further use of the Service. Further, you agree that all terminations for cause shall be made in ActiveWIT sole discretion and that ActiveWIT shall not be liable to you or any third-party for any termination of your account or access to the Service.

13. LINKS

The Service may provide hyper-links to other Web sites or resources. Because ActiveWIT has no control over other sites, you acknowledge and agree that ActiveWIT is not responsible for the availability of ohter sites, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from other sites. You further acknowledge and agree that ActiveWIT 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. 16. ActiveWIT' PROPRIETARY RIGHTS 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. Except as expressly authorized by ActiveWIT, 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. ActiveWIT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ActiveWIT for use in accessing the Service.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ActiveWIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ActiveWIT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ActiveWIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ActiveWIT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ActiveWIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

16. NOTICES

ActiveWIT may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

17. TRADEMARK INFORMATION

ActiveWIT.com, ActiveWIT, ActiveWIT logo, service marks and any other ActiveWIT logos and product and service names are trademarks of ActiveWIT.