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Terms of Service
[Last Updated: September 25th, 2010]
Agreement to Terms
Use of this Website constitutes agreement to these Terms of Use; in accessing this Website User acknowledges that they have read these Terms of Use in their entirety and agree to the terms set forth herein. Evolution Internet Systems may from time-to-time revise these Terms of Use with or without notice to you. The date of last revision will be available at the top of this page, so please be sure to check back periodically. Your continued use of the Website after any changes have been posted to these Terms of Use will constitute your implicit acceptance of such changes.
Definitions of Key Terms
"Evolution Internet Systems" means Evolution Internet Systems, Inc., a Florida corporation.
"Website" means the Evolution Internet Systems internet website and all content therein currently located at the URL address www.einsystems.com.
"User" or "Users" means a person(s) who accesses the Evolution Internet Systems Website and/or otherwise utilizes the services of Evolution Internet Systems.
"Client" or "Clients" means either a User(s) as defined above, or any person(s) who otherwise utilizes the services of Evolution Internet Systems.
No Warranty
Evolution Internet Systems Company disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this Website, whether for breach of contract, tortious behavior, negligence or any other cause of action.
Limitation of Liability
To the extent permitted by applicable law, neither Evolution Internet Systems nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this Website or inability to gain access to or use this Website or out of any breach of any warranty, even if Evolution Internet Systems has been advised of the possibility of such damages.
Indemnity
By choosing to use the Evolution Internet Systems Website, you agree to indemnify Evolution Internet Systems, its agents, officers, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of content you choose to submit, post or transmit through Evolution Internet Systems; or of your use of or connection to the Evolution Internet Systems Website; your violation of these Terms of Use or your violation of any rights of another.
Integration
These Terms of Use constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters unless specifically excepted in writing by an authorized agent of Evolution Internet Systems.
Trademarks
Unauthorized use or access of information from within this website is punishable by law. All activity on this system is subject to monitoring. Use of this system, authorized or unauthorized, constitutes consent to this monitoring. This computer software is protected by the copyright and trade secret laws of the United States and various international treaties. You may not disassemble, decompile or reverse engineer the computer program. The copyright and trade secret rights of the licensor will be strictly enforced. All trademarks, service marks, and trade names used in this web site are the property of their respective owners. The Evolution Internet Systems name, logo and related trademark and service mark are owned by Evolution Internet Systems and may be registered or used in the U.S. and foreign countries. Any use, copying or reproduction of the trademarks or logos on this site, without prior written permission of Evolution Internet Systems is strictly prohibited.
Digital Millennium Copyright Act Procedures
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including its location on the site;
Your address, phone number, and email address so that we may contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, under penalty of perjury, that (a) the information in the notification is accurate, and (b) you are the owner of the copyright or other intellectual property or authorized to act on behalf of the owner.
Evolution Internet Systems's Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
By phone:
By email:
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