This document outlines the terms of the subscription service for the Let's Do Business On-Line Edition produced by Abacus Communications.
1. ACCEPTANCE OF TERMS
Abacus Communications provides its service to you, subject to the following terms of service, which may be updated by us from time to time without notice to you. In addition, when using particular Abacus Communications services, you and Abacus Communications shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the terms of service.
2. DESCRIPTION OF SERVICE
Abacus Communications provides users with access to a rich collection of on-line resources. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms of service. You understand and agree that the Service is provided "AS-IS" and that Abacus Communications assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or contributions.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Abacus Communications has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Abacus Communications 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. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. 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 immediately notify Abacus Communications of any unauthorized use of your password or account or any other breach of security. Abacus Communications cannot and will not be liable for any loss or damage arising from your failure to notify us of changes or problems.
Abacus Communications may use your registration information to contact you to clarify a question, assist you with a problem, or facilitate communication with other users. If you participate in activities on the web site, we may use your registration information to help you, coordinate your efforts with other staff and users, or express appreciation. If your registration information is accessed, it will be by Abacus Communications staff only. Abacus Communications will not give your registration information to other users. We do not sell our customer names, addresses, or other information to third parties for any purpose.
5. MEMBER CONDUCT
You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), remain the property of the assigned copyright holder. This means that you, and not Abacus Communications, are entirely responsible for any Content that you upload, post, or otherwise transmit via the Service. Abacus Communications does not control the all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. All users therefore agree that all access and use of the Content is at the user's own risk. Under no circumstances will Abacus Communications 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 transmitted via the Service.
You agree to not use the Service to:
a. upload, post,
or otherwise transmit 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;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a Abacus Communications official, community leader, forum moderator,
or falsely state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, or otherwise transmit any Content that you do not have
a right to transmit 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);
f. upload, post, or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. upload, post, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation, except in areas that are designated for such purpose;
h. upload, post, or otherwise transmit 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;
i. 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;
j. "stalk" or otherwise harass another; or
k. collect or store personal data about other users.
You acknowledge that Abacus Communications does not pre-screen Content, but that Abacus Communications 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, Abacus Communications and its designees shall have the right to remove any Content that violates the terms of service or is otherwise objectionable. Abacus Communications makes every effort to keep all data at this site accurate and up to date, but make no warranties or representations regarding the data. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Abacus Communications or submitted to Abacus Communications, including without limitation information in Abacus Communications' forums, and in all other parts of the Service.
You acknowledge and agree that Abacus Communications may preserve Content
and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the terms of
service; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety
of Abacus Communications, 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.
6. INDEMNITY
You agree to indemnify and hold Abacus Communications, 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 to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the terms of service, or your violation of any rights of another.
7. MODIFICATIONS TO SERVICE
Abacus Communications reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Abacus Communications shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION
You agree that Abacus Communications, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Abacus Communications believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Abacus Communications may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Abacus Communications may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Abacus Communications shall not be liable to you or any third-party for any termination of your access to the Service.
9. DEALINGS WITH BUSINESS PARTNERS
Your correspondence or business dealings with, or participation in promotions of, business partners found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such business partners. You agree that Abacus Communications shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such business partners on the Service.
10. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Abacus Communications has no control over such sites and resources, you acknowledge and agree that Abacus Communications is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Abacus Communications 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.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. ABACUS COMMUNICATIONS 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.
b. ABACUS COMMUNICATIONS 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.
c. 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ABACUS COMMUNICATIONS OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABACUS COMMUNICATIONS 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 ABACUS COMMUNICATIONS 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.
13. JURISDICTION
This Agreement is subject to and shall be governed by and construed in accordance with the Law of Republic of Ireland and the parties hereby irrevocably submit to the exclusive jurisdiction of the Irish Courts.
Abacus Communications
Unit 5, 12 Main Street,
Lucan,Co. Dublin,
Ireland.
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contact us.