WEB SITE TERMS OF USE and DYDACOMP ACCEPTABLE USE POLICY

WEB SITE TERMS OF USE

BEFORE USING THIS WEB SITE OR ANY OF THE INFORMATION CONTAINED HEREIN PLEASE READ THE FOLLOWING CAREFULLY.

By using this web site you are indicating your express agreement to these Terms of Use, and the Dydacomp Privacy Policy (hereinafter collectively referred to as the "Terms"). If you do not agree to these Terms, please do not use this web site nor any of the information presented herein and exit now.

These Terms may be modified at any time, without prior notice, by updating these pages and such revisions shall be effective immediately upon posting. Please check this page periodically for any changes. Your continued use of this web site following the posting of any revisions to these Terms means you unconditionally accept all such changes.

DISCLAIMER

The material and information contained in this web site is solely and strictly for informational purposes Any and all liability in respect to actions taken or not taken based on any of the contents of this web site is hereby expressly disclaimed.

This web site may also contain hyperlinks to materials prepared by third parties and/or available at other web sites. The inclusion of these hyperlinks does not necessarily indicate our affiliation with the hyperlinked entity and/or an endorsement of the information available at those web sites. No responsibility is hereby assumed for any third-party content that is accessible through this web site.

                THE INFORMATION AND MATERIALS PROVIDED VIA THIS WEB SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL DYDACOMP  BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA, EVEN IF DYDACOMP   HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. ALL VISITORS TO THIS WEB SITE SPECIFICALLY ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS OF LIABILITY AND DISCLAIMER OF DAMAGES.

SUBMISSIONS

 If you send an e-mail through the facilities provided at this web site, please be advised that such e-mail communications may not be secure. Accordingly, please do not send sensitive or confidential information. Dydacomp  shall have no obligation to incorporate into its services any suggestions or ideas provided by you, directly or indirectly, via this web site (“Feedback”). With respect to any Feedback provided to Dydacomp Development Corp by you, solicited or unsolicited, stated herein will restrict Dydacomp ’s right to use, profit, distribute, disclose, publish, or otherwise exploit any Feedback. It is specifically acknowledged and agreed between the Dydacomp  and you that no compensation, whatsoever, is or shall be due for any Feedback or use thereof.

COPYRIGHT NOTICE

 Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, animation and any other content) are owned by Dydacomp  and are protected by domestic and international copyright, trademark and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are Copyright © 2014 Dydacomp  All rights reserved.

 

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DYDACOMP ACCEPTABLE USE POLICY

1.0 PURPOSE.

This Dydacomp Acceptable Use Policy (“AUP”) by Dydacomp Development Corp. (“Dydacomp”) applies to Dydacomp customers (“Customer”) who use or subscribe to any of the Dydacomp hosted or online services (“Services”). This AUP endeavors to protect Dydacomp and its Customers from adverse or detrimental impact attributed to inappropriate activities.

VIOLATION OF THIS AUP MAY RESULT IN SUSPENSION OF SERVICES AND/OR TERMINATION OF THE CONTRACTUAL ARRANGEMENT BETWEEN CUSTOMER AND DYDACOMP.

In order to link to Dydacomp’s Services, the prior written consent of an authorized representative of Dydacomp must be obtained.

2.0 PROHIBITED ACTS.

Each Customer is responsible for ensuring that it does *not* allow the Services to be used for any of the following purposes:

  • gaining, or attempting to gain, unauthorized access to any system that does not belong to the Customer;

  • sending unsolicited e-mail or other messages or communication in any form (e.g., spam);

  • altering, defacing or otherwise causing any unauthorized or unapproved modification to any system belonging to Dydacomp, another Dydacomp customer or any other system on the Internet;

  • storing, transmitting or processing material in a manner that violates intellectual-property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents, and trademarks;

  • violating the privacy rights of others, including, without limitation, the collection of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations;

  • transmitting or storing any material that is unlawful, obscene, harassing, libelous, abusive or hateful; that encourages unlawful acts; or that may be interpreted as violating the civil rights of others;

  • storing or transmitting material that violates local, state, federal, or international laws or regulations;

  • engaging in, or permitting, any activity that leads to a degradation or denial of service for Dydacomp, another Dydacomp Customer or any other system or site on the Internet;

  • violating the rules or policies of any other hosting provider, message service, chat room, bulletin board, newsgroup or similar system, service or provider;

  • intentionally, recklessly or negligently omitting, forging, deleting or misrepresenting transmission information including, without limitation, headers, return-address information, and IP addresses that is intending to cloak or hide the identity information transmitted via the Services;

  • to publishing, displaying or transmitting via Dydacomp network and equipment any content that we reasonably believe (a) constitutes or encourages child pornography or is otherwise obscene, sexually explicit or morally repugnant; (b) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (c) is unfair or deceptive under the consumer protection laws of any jurisdiction, including but not limited to chain letters and pyramid schemes; and (d) is defamatory or violates a person’s privacy; or (e) creates a risk to a person’s safety or health, creates a risk to public safety or health;

  • attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code of the Dydacomp software or any portion thereof;

  • modify, port, translate, localize or create derivative works of the Dydacomp software; 

  • remove any of Dydacomp, or Dydacomp vendor’s, copyright notices and proprietary legends;

  • use the Dydacomp Software (a) to infringe on the intellectual property rights of any third party or any rights of publicity or privacy, (b) to violate any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing export/import control, unfair competition, anti-discrimination and/or false advertising), (c) to propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data, (d) in any application that may involve risks of death, personal injury, severe property damage or environmental damage, or in any life support applications, devices or systems;

  • file copyright or patent applications that include the Dydacomp Software or any portion thereof; and

  • to initiate or cause to be initiated any load testing, penetration testing, vulnerability scans, URL manipulation, SQL injections system attacks, cross-site scripting attacks, session hijacking, clickjacking and/or any other malicious, detrimental or nonproductive resource consuming  scans upon the Services or Dydacomp (or Dydacomp vendor’s) computer information systems networks.

 

3.0    CUSTOMER’S RESPONSIBILITIES.

In addition to ensuring the above activities do not occur, all Customers using the Dydacomp Services agree to the following:

  • Customer shall be responsible for the creation and maintenance of all Customer content on the Services;

  • Customer represents that it has full power and authority to (a) offer and sell the merchandise, information and services offered on the Services; (b) to copy and display the materials displayed at the Services, and (c) to provide for credit card payment for merchandise information or services as specified at the Customer web site shopping cart;

  • Customer represents that the Customer content, and any domain name used in connection with the Services, do not infringe the rights of any other person, including without limitation trademark, copyright and trade secret rights; and

  • Customer represents that such offer and sale, display of materials or provision for credit card payment, does not constitute a violation of any applicable law, including without limitation export control, intellectual property and obscenity laws;

4.0          OBJECTIONABLE MATERIAL.

                We reserve the right to remove any data that within our reasonable judgment constitutes objectionable materials or violates any of Dydacomp rules regarding appropriate use; provided, however, we are not obligated to do so. You and Dydacomp Users will comply with all applicable laws regarding Dydacomp Data, use of the Service and Dydacomp.

If We receive a notice alleging that material or content infringes another party’s copyright, We may remove that material in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).

5.0          NOTICE.

If Customer becomes aware of any such activity that is in violation of this AUP, then Customer must remedy the situation immediately and send an email to support@dydacomp.com. Customer shall also notify Dydacomp, by telephone at 1(800) 858-3666 within three (3) hours of the detection of any violation of this AUP.

 

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