Terms and Conditions of Services provided on PharosN portal (win2biz.com) are updated and effective as of 1 June 2015. PLEASE READ THIS AGREEMENT CAREFULLY.
The company GOLEM - Gesellschaft für integrierte mikroelektronische Komplettlösungen Gesellschaft m.b.H., Hausfeldstrasse 22/1/7, 1220 Vienna, Austria named here as “Provider” implements and runs this web site having domain names win2biz.com and pharosnavigator.com and pharosnavigator.biz under the name “PharosN portal” as technical mean for providing you with Digital Services in Cyberspace which include Information, Data, Documents, Software and Products and collectively names as “Services”.
PLEASE READ CAREFULLY: BY CLICKING "I AGREE" and CREATING A SELF-MANAGED ACCOUNT or PURCHASING CREDITS or SUBSCRIBING TO SERVICES or USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS and CONDITIONS OF SERVICE ("AGREEMENT") ON BEHALF OF THE ENTITY ON WHOSE BEHALF YOU ARE SETTING UP YOUR MEMBER ACCOUNT AND YOUR ORGANIZATION (“ORGANIZATION”) AS ITS SUPERVISOR.
Definition of Terms
The TOS may have the following terms used in the text:
Account: means a Member Account at PharosN portal that is created, managed and owned by You;
Agreement: means this Terms and Conditions of Use having abbreviation TOS, as may be renewed and/or amended by the Provider from time to time;
Additional Agreements or Additional License Agreements: mean that the Services, Products, utilities and offerings provided at the Portal or any of its affiliated sites or partners may be subject to separate Agreements which may correspond to the Service type, content, other conditions and policies which shall be checked prior to its copying and use. If certain instances of specific Services may be subjected to regulation of additional policies, terms or requirements (hereinafter —which create any discrepancies between Additional Policies and these Terms, then Additional Agreements shall prevail.
Data Backup: means encrypted dataset of special structure which was obtained during valid subscription for the Service through use of the Service called “Server” and contains data having relation to some Portal organization and this particular Server installed in the Portal Organization.
Days: (whether or not capitalized) means calendar days.
Device: (whether or not capitalized) means a desktop or laptop computer, mobile tablet, mobile phone having central processor, storage and capable to run Chrome browser or Android or Microsoft Windows or Ubuntu or other operating system software.
Deposit account: the counter of current deposit in Euro currency available to you in your personal Member area which you have to pay fees required for some subscriptions and issuing payment certificates to other Members for covering their subscription fees. The amount in the deposit is created by receipt of your payment by using recognized payment providers.
IP Rights: means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.
Master: means a Portal Member which is a member of an Organizational group having a role of Master and responsibility to manage services provided to the Portal Organization such as membership in it, subscriptions to services on behalf of such Organization. Compared to a role of Supervisor, the Master has ability Add or Remove other Masters and Supervisors which a Supervisor does not have.
Member: means anyone who was registered at the Portal, was provided with on-line account, can access to his/her account personal member area over Internet, set own PharosN portal organizations or joining PharosN portal organizations of others, subscribe and use Services.
Member activities: means Member operations in his/her Member area using own account such as management of subscriptions to Services, accessing information on subscription implementation, obtaining relevant documentation and logs, making payment to account deposit, issuing payment certificates to other members and organizations, participation in discussions and other activities available only to Members.
Notify: means to provide you with information about events related to your use of Services by messaging within PharosN portal, emailing, sending SMS, mailing or by posting them to contact form at www.win2biz.com or any www.win2biz.net or other Provider website you visit to register for, subscribe to, license, subscribe, or Use Provider Products or Services.
Organization at Portal or Portal Organization means a named Group of Portal Members, i.e. individuals registered at Portal, which were invited by some Member who had identified the Organization and acquired the role of its Master or Supervisor automatically. The Portal Organization may or may not have relation to actual legal entities represented by organizations and/or associations existing in different countries and internationally.
Password: means a unique combination of symbols known only to you that You, which, in combination with the User ID, gives access to Organization.
Personal Information: means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, associated organizations or similar information that identifies you as a unique individual.
Portal or Site: means web site PharosN portal and it sub-sites providing Services to Users which is implemented and maintained by the Provider at http://www.win2biz.com , http://www.win2biz.info, http://pharosnavigator.com and http://pharosnavigator.biz.
Provider, we, us, or our (whether or not capitalized) means the company GOLEM Integrated Microelectronics Solutions GMBH, Austria as well as its subsidiaries and affiliated companies collectively referred to.
Provider Affiliate, Partners (whether or not capitalized): means persons or entities who have provided products, licenses, or services to Provider and persons or entities with which Provider has entered into an agreement to sublicense or to provide Provider Services to users.
Publish: information means to provide to or make it accessible for public access in Internet by your advertisements, emailing, desktop messaging, posting to blogs, forums, or any other website you visit to.
Server: means PharosN engine software which is available for subscribers as Service for installing at their premises for implementing the information services to users registered on this server.
Service: means everything which is provided to you while you are logged into the Portal including web content information, graphics, websites, applications, software, objects, documentation, materials, on-line courses, commands, tools, which were made available to Members of the Portal for using in their own activities provided by Provider or its authorized agents, distributors, and licensees.
Service Subscription: means unified way of accessing to Services provided only for Portal Members. Each Subscription to Service is available under some fee which can be paid by Member from personal deposit or by payment certificates provided by the PharosN portal and other Members. Each subscription is available for particular limited Subscription Period and shall be extended by User upon its end manually or automatically.
Software: means the copies of software components available to you for your use by Provider as subscription services.
Subscription Period: for any license to use Provider Services begins at its subscription fee payment, regardless of the date of activation, and expires at the end of your specific purchased term. A specific purchased term may be monthly, yearly, multi-year or for another periodic metric. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed.
Supervisor: means a Portal Member which is a member of an Organizational group having a role of Master or Supervisor and responsibility to manage services provided to the Portal Organization such as membership in it, subscriptions to services on behalf of such Organization. Compared to a role of Member of the Organization Supervisor has ability to make and implement decisions regarding members, subscriptions, its implementations, etc.
Terms: means collectively this Agreement and any other Additional Terms that You enter into with the Provider or any of its Affiliates in respect of the Provider Software, Products and/or Websites;
Use or Using Provider Services means each time you visit websites win2biz.com or win2biz.net, register with these sites, login into personal member area, use its instruments, subscribe Provider Services including the Software, use the Software, obtain encrypted data backups, install and reinstall servers and client software, restore backups, view the status of your service subscriptions, access any of Portal information or request support.
You, yourself, user, and customer (whether or not capitalized): refer to the individual or legal entity registering as Member of the Portal for or using the Provider Services.
Your Content: means any information, text, graphics, or other materials uploaded, downloaded or appearing as result of your use of the Portal Services including data stored in your servers installed and running as Service subscriptions.
Acceptance of Terms and Conditions of Service Use; Modification; Cancellation
By accessing or using this Portal as well as it sub-sites providing Services to Users and by registering to Use Portal Services, and each time you Use a Provider Product or Service, you affirm your acceptance of these Terms and Conditions of Service Use (TOS) and agree to comply with them now and throughout the period of your Use of the Services and thereafter.
If you do not agree to these TOS in their entirety, do not Use Services.
The Provider may change the Terms and Conditions of Service Use unilaterally at any time, without prior notice to you, and in its sole discretion to eliminate inconsistencies and adapt to changing legal or technical environment. The new or modified TOS will be effective immediately after we publish them on our website at www.win2biz.com and http://pharosnavigator.com . We will inform you by the notification to the last known email address of the customer of a change.
If you do not agree to be bound by Provider’s TOS as Published by Provider from time to time, your sole and exclusive remedy is to discontinue using Services.
If you breach any of the TOS, your authorization to use this Site automatically terminates and you must immediately cease the use of Services, destroy any related software and materials downloaded or printed from the Portal.
Scope of services
1. The services which are made available to after your registration as Portal Member and your acceptance of TOS consist of the following main categories:
- Software implementing functions described in the PharosN portal information pages
- Sample object models providing application functionality focused to specific areas
- Training materials and online learning courses
- Partnership services
- Advertisements, case studies
The services are provided only upon subscription and payment of fees meaning that you agreed with its conditions including prices. Payments can be made by using your own deposit account in your Member area or by using special Payment Certificates which you may receive from other Members and PharosN portal administration.
While payments for service subscriptions can be made by any Member of Portal the implementation of subscriptions is available only for “Organizations”.
2. The Services are made available currently under a "Beta testing" mode. What this means is that some services may not be implemented as originally designed, some features might not work sometimes, and in general the Provider makes absolutely no claim for quality of service or availability of features as may be and expected by Customer. The Provider will give Customer the best service available by means of PharosN portal and undertake its continuous improvement, but customer understands that this is a BEST EFFORT type of service and agrees to hold the Provider harmless from any quality of service claims.
To compensate customer for any possible inconveniences arising from Beta service, Customer shall receive 50% off any monthly unlimited plan. This discount is already reflected in the price suggested to Customer on our Plans web page. CUSTOMER AGREES THIS IS JUST THE ONLY COMPENSATION FOR ANY SERVICE ISSUES WHICH MAY ARISE.
Membership at Portal
The Provider’s Services are intended and offered only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into an Agreement for such Services. The agreement and access to services require registration of an individual as “Member of Portal”.
The membership is free. During registration you shall provide your actual and error free personal data which are required for implementing your privacy and secure 24*7*365 access to services (i.e. 24 hours for 7 days in a week for 365 days in a year), implementing your data protection and ownership rights as well as enable technical and legal conditions for Provider to support all these. There is no need to provide any financial information such as your credit cards, bank accounts, etc as Provider use external Payment Providers and Financial Institutions for receipt of subscription fees.
Your personal data are stored in Portal and kept confidential and not shared to anyone and legally protected by legislation of European Union.
You are responsible to keep your personal data updated within 14 days of any change such as name, residence address, contacts and affiliation with your organizations. Accordingly to this TOS Membership information is considered as private one. The Portal does not have any public directory of its Members and their Organizations and such information is not available to any Member or search engine or public in Internet unless you publish it elsewhere. The information which you present in your personal area and in your organizations may become visible to other persons and in relation to particular cases as follows:
- Complete and full access to your personal data and account: You as your account owner allowed someone to access your account e.g. you shared your login and password with any third party (considered as violation of TOS) or left your browser opened to others after login while leaving your working place or device or you made login from a public computer or device which had some pre-installed logger programs providing third parties with copy of your login information and possibility for immediate access to your Member account
- Limited disclosure 1: Members of organizations which you create and manage as it supervisor or take part as its member may see your name and contacts limited access (name, contacts, role in organization, etc, except your login)
- Limited disclosure 2: Individuals to whom you may send invitation to join your organization using external mail as well as intermediate Internet providers can see your message content such as your email, name, role in organization, name of organization) in case your communications are not protected
- Limited disclosure 3: Internet community and search engines can see your content and contacts in case you publish your business advertisement at the site Pharos Discoverer or case studies or communications exchanges which you may have in community forums
- Complete and full access to your personal data and account: Portal administrators may access your information in case there are indications of your non-compliance to TOS criteria.
Your personal instruments in Member Area
During your Membership you have access to and able to use the following instruments:
- Member Profile describing your personal data, contacts, location, secret questions helping you to recover your access to Member area if you forget your login, Password and Login change, defining your preferences in receiving notifications about events related to your Membership, optional setting of Partnership
- Your personal deposit account, checking its amount and adding necessary amounts in case you need it for subscribing to services
- View of history of your transactions, subscriptions and activities, including log files of your activities for monitoring your operations
- List of your Organizations which may or may not have members and subscriptions for services
- List of your subscriptions by available service categories such as Software, Training and reference materials, Payment certificates, Advertisements, Partnership
- Inbox containing received and sent messages to other Members of your Organizations and Portal Administration
- Feedback for requesting administrative assistance particular in cases
- Manager of your publications in the Portal sites such as Advertisements, Case Studies, Community Insider, etc.
You are responsible for use of these instruments accordingly to the Terms and Conditions of this Agreement. Any breach of the Agreement may result in termination of Membership. The repeating attempts of new registrations by individuals whose Membership was terminated due to breach of TOS can be blocked and may result in legal cases accordingly to legislation of their country of residence.
Your Portal Membership makes possible creating your own Portal Organization where you become its Master by default and participation in various other Portal Organizations as its Member or Master or Supervisor, subscribing for services to these Organizations and using of services provided to these organizations.
You can cease you membership at any time however resulting in the loss of access to your services and organizations.
Your Identity, Password, Email and SMS contacts and trust representation
You shall make your Password complying to the requirements of minimum length and complexity, keep its safe and take all precautions following advices provided in Portal Questions & Answers to ensure your secure access to your Member Area at Portal and its continuous protection. The compliance to the security and protection rules is your responsibility and if not strictly implemented may cause potentially serious issues for your organizations and services which may arise in case some third party obtain access to your Member Account and role of Supervisor of your Organization.
Your secure questions and your contacts and two step identification procedure allow restoring access to your account by yourself in case you forget your password. As additional security you may add your trust representative as additional Supervisor who would help you to restore your Membership and Supervisor roles in case of any deadlock which may occur during your use of password and contacts.
You acknowledge herewith and agree that
- Portal administration does not know, never asks for and cannot restore your password
- You are fully responsible for maintaining your safe access to your personal Member area, organizations and services including assignment of Supervisor roles for your organizations and Administration of servers running in your Organization.
- You shall make and keep your personal contacts such as email and SMS secure and updated complying to the requirements of security and data protection as these contacts are the part of identification methods ensuring your capacity to restore access to your Member Area at Portal by your own in case you forget your password.
The compliance to setting and updating your personal contacts allows you receiving prompt acknowledgements about main events and activities related to access to your Member area, Organizations and implementation of services including extension of subscriptions, restoring backups, etc.
Delivery of messages and notifications. The Provider can reliably deliver messages to you Member Inbox only. The Provider however cannot guarantee reliable delivery of Portal messages to your mailboxes and SMS contacts which are run by different providers in countries subject to conditions which are outside of the Provider control. In view of variety of reasons causing messages be lost e.g. spam filters, communication breaks, natural disasters, your mobile device temporary forgotten or lost, etc. you shall undertake having two or more contacts always enabled for increasing reliability of notifications about your membership events.
Provider would use "active" or "continuous" authentication meaning that rather than making authentication a single event, the Portal system continues to monitor a user's characteristics and behavior for as long as they are logged on.
Masters and Supervisors as administrators of Portal Organizations
Purpose of Organization. Portal Organization enables you to subscribe to services for your business purposes as services are available to Portal Organizations only. Your organization may consist of any number of your Member collaborators such as, for example, senior management of your real organization as legal entity, your employees or research team formed of members in several countries or having only one person – You, enabling you to subscribe for services. You may invite other individuals to join your organization at any time.
Rules implemented for the Organization. A Portal Organization is a group of collaborating Members of Portal which may or may not have relation to some legal entity. The Organization can be defined by every Portal Member using command “Add new organization”, then defining its name, location and other properties in section “My Organizations” of personal Member area accordingly to personal preferences. There are the following rules in setting and running your Organizations which you agree to comply with:
Defining your organizations: The name and definition of Organization which you make in the list “My Organizations” of your organizations in your personal Member area shall not refer to any existing legal entity registered in your country unless the owners or managers of such legal entity authorized you to do so. These data is used for making official documents such as Invoices for Subscriptions, Agreements, Certificates, etc and if used outside of PharosN portal may become known to third parties.
The list of your organizations is known only to you as there is no public directory of organizations at Portal except of those one which Portal Members created or joined and can view in their personal area. The list which you make has only two following purposes:
- Keeping all your organizations available for making subscriptions and invitations easy to implement and monitor
- Having easy and convenient way of reporting and invoicing
However each person whom you invite to your Organization learn its name and other attributes which you defined for this Organization upon becoming its Member. The matching of your definitions to existing legal entity e.g. some company with the same name may become known publicly in the following cases:
- You or some Member of your Organization made such information publicly known e.g. by some public advertisement, case study, reference in public communications
- You invited actual or former employee of the legal entity to join your Portal Organization having the same definition as legal entity, or approved such invitation of the Member of your Portal Organization without going into detail
- Someone obtained access to your Member area in Portal e.g. you shared your login screen with third party or your Portal account was compromised by any reason making your Supervisor activities and documentation available to third party (e.g. after your login to Portal from some public computer or mobile device owned by another person)
- Some document, e.g. invoice or screen from your Personal area was printed and become available to a third party.
The unauthorized use of publicly known identities of existing organizations is considered as breach of the TOS and may cause legal cases against you if become known and documented. You shall avoid any possible matching of the names when providing names of your organizations. In case you may not know about existence of such legal entity at the moment of your Organization definition in your list of organizations and receive inquiry about matching of the names in your country from the management of the legal entity or Portal administration you shall change the name of your Organization to another and unique one which does not match the name of the legal entity within 14 days since the day of such request was received and incorporate the change in all your publications which could have any reference of such name.
You agree that by identifying the Name, Registration Code, Registration Date, Registration authority and Tax Number you acknowledge your authorized relation to the corresponding actual legal entity registered in the country. If not provided these data identifies that your Portal Organization does not have relation to existing legal entities and is considered as “Group of Collaborating Portal Members”.
If you select a legal entity identifier for your Organization without documented authorization of its owners or management, we reserve the right to change it when a trademark owner complains about such facts or there is relevant court ruling about this case.
Supervising your organizations
After you register as Member of Portal you have your first Organization created under your name by default to enable you subscribing to services. You can create one or more Organizations if you need as well. After the definition of each organization you become its Supervisor automatically. As Supervisor you can invite other individuals to join your Organization subject to their acceptance and subscribe for available services or cancel existing subscriptions at any time.
You can invite some other individuals to join your Organization only if you know them by name and contact outside the Portal. The invitation is sent to existing contact email or SMS by using standard Inbox invitation. If your invitation is accepted then the invitee shall register as Portal Member and then join your Portal Organization automatically.
Portal Members do not know each other unless they join the same Organization as there is no public directory of Members and no searching by name or login.
The rights of Members of your Organization are as follows:
- Each Member can see the directory of Members for this Organization, their contacts and roles i.e. Member or Supervisor, etc
- Masters and Supervisors can see all Members and Services of the Organization and can manage them in their personal Member area
- Masters and Supervisors can invite other individuals to join the Organization defining their roles as Member or Supervisor
- Masters can invite and delete any Member of the Organization including other Masters and Supervisors
- Supervisor cannot exclude or downgrade the role of another Supervisor in the Supervisor group but can exclude any Member from the Organization
- Master can exit the Organization only by own action and if he/she is not the only last Master
- Member can invite other persons to join the Organization as Member subject to approval of Master or Supervisor (i.e. Supervisor may refuse and the invitation is not sent)
- Member can subscribe to any Service for the Organization which is available at Portal but such actions are subject to approval by the Supervisor of this Organization prior to its implementation
- Members can see only those Services in the Organization which they actually use
- Member cannot exclude other Members of their Organization but can exit the organization at any time.
As Master or Supervisor you are responsible for identification of your Organizations and its relevance to existing organizations, management of Members and Subscriptions for your Organizations, controlling their ownership for data accumulated during implementation of applications, keeping the data updated and secure in backups as well as overall compliance to the terms of the TOS.
You agree to have certain restrictions for (1) sending invitations to others for joining your organizations which may exist for new Members and (2) number of your Organizations introduced by Provider to control fair use of available services.
Your responsibilities as Master of your Organizations
Your responsibilities are as follows:
- Setting new Organizations and its identification
- Inviting some person to join your Organization with any role, subject to condition of invitee acceptance of the invitation and his/her registration as Member of Portal
- Defining the role of the invitee as such as Master, Supervisor, Contributor or Subscriber
- Promoting Member role to higher role
- Cancellation of any Member participation in your Organization (delete Member)
- Subscribing for service for Organization, including payments if necessary or subscription cancelling
- Authorizing subscriptions and cancellations made by other Members of your Organization
- Authorizing invitations to other persons by Members of your Organization
- Monitoring and deciding about all subscriptions and its extensions for the Organization
- Authorizing requests for installations of new servers, its administration, repair, upgrading, migration, restoring of backups for particular servers,
- Ensuring your organization ownership rights for data and application objects implemented on the servers installed in your organization including right to be present and administer of each server as its Administrator
- Authorizing transfer, merging, separation and closure of Organizations and their services
- Authorizing publications on behalf of Organization such as advertisements, case studies
- Ensuring ownership rights of organizational data accumulated on its servers
Differences between Master or Supervisor roles
Supervisor has the same responsibilities as Master with only difference that Supervisor cannot assign role of Master to any other Member of Organization and cannot remove Master from the Organization. Supervisor can invite other Members as Supervisors, Contributors or Subscribers.
Master can change roles of any Member including other Masters resulting in full control over management of Portal Organization.
Both Master and Supervisor shall be responsible for identification of Organizations and its usage of the Provider services including without limitation, its membership, subscriptions, beginning and ending of service subscriptions, implementation of extensions, approvals or disapprovals, backups and upgrades, assignment of relevant rights for Masters and Supervisors and Server Administrators, ensuring ownership of organizational data and application objects, monitoring availability of Services to your Organization and prompt actions required by Supervisors.
You shall ensure that all Servers Administrators and its users comply with this Agreement and any other applicable Additional Terms.
Your Inbox in Member area can be used only for communications between Members of Portal which are Members of your Organizations or between you and Portal Administration. You agree to check your Portal Inbox regularity for messages related to implementation of Master/Supervisor activities and implement relevant actions responding to Portal notifications.
Master relation to actual organizations and its owners
In case you define your Organization under the name of existing real legal entity you shall have authorization by its owners and/or managers or by your legal status in relation to this legal entity.
You agree and acknowledge that being Master or Supervisor of such Organization representing existing legal entity you are responsible as follows:
- To owners and/or management of the legal entity for ensuring uninterruptible access to services for the Organization and rights for organizational data and application objects ownership as these rights can be technically realized only by Members of Portal being present in the Supervisor group for their Portal Organization
- For ensuring secure and protected and timely access to such services for all Members of the Organization and Users of the servers installed in the legal entity corresponding to your Portal Organization
- For your prompt managerial actions as Master or Supervisor including self-monitoring of access to your account to control your own activities, undertaking all measures for keeping your account secure and protected, quick response to notifications received from Portal administration regarding your Master or Supervisor actions, selection of right persons as additional Masters or Supervisors, care in authorization of server installations and restorations of backups.
Ensuring Organizational Data Ownership rights
While being Masters or Supervisor of your Organization it is your responsibility for securing your access to uninterruptible services, managing your Members activities and subscriptions for services and its implementation including approval of PharosN engine installations and reinstallation in case of hardware failures and upgrades and occasional shut downs of the server e.g. in case of changing of server location or electric power shutdown. These operations require restoring your server database from backups which are kept encrypted until you authorize its restoring to particular server in your Organization as Masters or Supervisor. Without such authorization local server administration cannot restore the backups leading to service interrupts and possible loss of databases and applications running on the server.
In case you are Owner or Manager of legal entity or its representative or Manager a Group of Collaborators acting as association without being legal entity and your want controlling your data and having rights for its using while subscribing to Portal services for relevant Portal Organization and having uninterruptible services then you shall keep your Masters role in your Portal Organization until the end of your use of Services even if there are other Masters.
Example: A company manager hired some consultant under temporary contract to help registering their company as Portal Organization, installing servers and setting enterprise applications. As such operations may require Master and administrative privileges for the consultant and temporarily becoming a Master of Portal Organization and Administrator of Business Applications on new Pharos Navigator Server. After consultant leaves the company and becomes unavailable any important Master actions such as authorization of data backup, restoration on the new hardware server in the company, extension of service subscriptions, etc. would become impossible for the company management. These actions require authorization by existing Master or Supervisor of the Portal Organization but there is no one to provide it. Consequently and accordingly to the TOS the Portal Organization and it services would be terminated automatically after certain time-out as it does not have active Masters or Supervisors.
Conclusion: To avoid such situations the company owners and/or its management shall have direct presence as Masters or the Organization along with the consultant for their Portal Organization as of the moment of its initial definition of their new Organization.
You are responsible for ensuring rights of owners and management by inviting them to join the group of Masters or Supervisors for each legal entity which you set as Portal Organization for accessing Provider services.
Non compliance to these rules is considered as violation of the Agreement and may cause cancellation of services and legal cases against the Member when become known to the legal entity or Provider.
Provider cannot assist you in accessing your application database if you are in non–compliance to TOS. The ownership of application databases which are implemented on servers of your Portal Organization is controlled only by those Portal Members which are Masters or Supervisors in your Organization. The Provider does not have both technical and legal means to support restoration of such rights by the following reasons:
- There are several security and application data and ownership protection mechanisms embedded in the server software and its connectivity to Portal which are activated automatically in unique way during multi-step procedure which include Membership and Organization registration, subscribing, installation, activation and continuous validation for each running server individually
- The server can be run after its installation and activation only by those Members of Portal Organization which actually made subscription for service, installed and made first login into the server locally as its local Administrators of Business Applications
- There is no other login available for such server beside the ones known to these individuals
- The access to the server while its running and kept activated is available only to those users which are its local Administrators of Business Applications
- The right to restore server application data is controlled by the Masters and Supervisors of the Organization at Portal
- The Master is key person who is responsible for implementation of overall application data ownership control and ensures such control under conditions that (1) he/she has authorization by the owners and management of the Organization, (2) he/she is present as member of the group of server administrators, (3) the initial server settings are implemented correctly accordingly to the TOS and License Agreement and (4) the server subscription is continuously valid and application data backups are implemented and available to local server administrators.
- Each server backup is made automatically to locations defined by local server administrators and has unique encrypted password corresponding to this particular organization, server and backup time. The password is not known to the Provider or any other person including all members of the Portal Organization and/or Administrators of each server.
- The mechanisms allow secure application data ownership control only by those who set up the server and its applications and are set to block unauthorized restoring of application data from backups in any other server or third party software. It however blocks restoration of the application content at any other server outside the Organization which has the relevant server.
- There are no other mechanisms of the ownership prove i.e. identifying and legally implementing actual owner of the application database (unless implemented and documented in legally correct way accordingly to existing international laws)
You are responsible to keep your data about the Organizations and Supervisors which you supervise, updated within 14 days of any change.
Acting as Master: Permitted Use of Organizations as defined in the PharosN portal.
You may set up and use an Organization for the following purposes:
- Your individual use of an Organization under your name by being its only Member or having your family as its Members
- Accessing the Services by a group of Portal Members under your definition of an Organization without relation to any legal entity (i.e. no matching to the name of any existing national organization in your country, no national tax number, no registration identification; no registration date)
- Accessing the services under the name of the existing legal entity having registration date and number and tax identification under the laws of your country and having its Members associated with this Organization as employees, consultants, partners, etc.
You are not permitted to use a Subscription to Service without connection with some of your organizations or allow some other persons to access the Services using your Member account.
While being Master of your Portal Organization you shall be responsible for its administration and management until you denote your own role to Member of this Organization or quit the Organization or cease your Organization completely. The formulation of an Organization, inviting its Members, the purchasing of service subscriptions for its Members and its implementation during Service subscription periods, and the use of any Services by Members of Your Organizations, shall be governed by this Agreement and any other applicable Additional Terms
Accessing Portal services for existing legal entity without disclosure. If You create Portal Organization which
- is defined as having no relation to any existing legally incorporated entity
- has its Members (including you) in direct relation to such legal entity as owners, managers and employees
- subscribes to services including installation of servers and running applications i.e. de-facto using the services in the legal entity
- is managed by you as its Master
then you shall be in breach of this Agreement and shall be personally liable for such breach and for any acts and omissions of any Supervisor or Member of Your Organization. The Provider reserves the right to terminate the Organization which is used for such purposes at any time having the consequences of described in the section Termination.
Inviting others to join your organization. No one can join your Organization without invitation of its Master or Supervisor. If you are manager of some enterprise then after becoming Master of your Portal Organization you can invite your senior managers or employees to join it as Members of your Organization in any of existing roles.
Your invitations are sent directly to your invitee from your Member Inbox to some external mail or SMS contact as standard message and if accepted the invitee becomes Member in your Organization automatically in any of these roles you assigned in your message.
If a Member of your Organization has role of “Subscriber” then his/her invitation to an invitee shall be approved by you as Master or some Supervisor of your organization prior to its sending to this invitee. If approved the invitation message is sent and if the invitee accept it then he/she becomes Member in your Organization with the same role “Subscriber”.
In all such cases the Portal Membership is required prior to joining your Organization.
You are responsible for choosing right persons to join your Organization and you shall know persons which you invite.
Inviting additional Supervisor(s). You and other supervisors of your Organization may invite and appoint additional Supervisors to Your Organization. Each new Member Supervisor shall be required to accept and agree to this TOS and any other applicable Additional Terms. You shall procure that all Supervisors read, agree to and comply with this Agreement and any other applicable Additional Terms, and You shall be responsible for any breach of the Terms by such Supervisors. Having your trust representatives as Masters and/or Supervisors and Members in your Organization would help you to recover your access in case your Member account was hacked by third party.
As Master you can exclude any other Member in any role from your organization any time. Supervisors in your Organization cannot exclude Masters or other Supervisors from your Organization until they explicitly self-denote their role of Master or Supervisor to role of Member in your Organization or cancel their Membership you your Organization by themselves.
You can exit your organization only in case there is another Master for the Organization or you close it. You may consider adding your trusty person to your organization to ensure your rights as its Master.
Reallocation and Deletion of Organizations. In case you stop implementing Master activities in your organization being its only Master and do not respond to notifications by Portal for certain time then there are following rules of automatic actions by Portal:
- If there are no Members, the Organization is transferred to limited cessation period and is closed after its end, its data erased.
- If there are Members then the Portal invites most active Members of the Organization to become its Master automatically. In case such invitation is not accepted by any existing Member of the Organization the Organization is transferred cessation period and after its end is closed and its data erased.
You may delete your Organization as Master only in the following cases:
- All other Masters approved your action (if you are the only Master your personal decision is sufficient for such closure as well)
- There are no other Members
All subscriptions which may be assigned to Organization such as servers, clients, application objects are cancelled and the organizational data and applications which existed on such servers are lost.
If You choose to delete your Organization then You acknowledge that all its data developed through your Use of Provider Services for this Organization, including without limitation, the Data required for running its servers and implementation of your Master functions for managing the Organization and its services and data in respect of your Organization (including subscription history and membership history) will no longer be accessible to You, and cannot be restored.
Once Organization is deleted, neither its members, nor the servers and its databases and applications previously associated with these servers, can be retrieved even if your have its backup files available at your location. If you set new Organization after deleting the previous one all subscriptions and data from the deleted organization cannot be restored in this new Organization as it would have another identifier.
All Organizational Members are notified about the deletion of the Organization and cancellation of their services. The Payment Certificates which were not used for subscriptions but paid by Members are booked back to the deposits of these Members.
By accepting the terms of this TOS you confirm understanding and agreement with irreversible consequences of your decision to close your Organization if it has running servers and databases and applications.
Restriction on sharing. It is prohibited for You and Members of your organizations to:
- Share own accounts with others Members or Non Members for accessing Portal as each account is provided individually to registered and indentified Members
- Share own Passwords that are being used for their individual access to Member accounts. You shall ensure that neither You nor Members of your organizations shall share the same Passwords.
- Share your use of your contacts with other Members and Non-Members which may cause incorrect response to notifications, its loss, breach of security and privacy, etc.
Security. You shall undertake all necessary precautions to ensure the security of your Member ID, Password, email addresses and SMS at all times. If you suspect that any Password has been shared in breach of this Agreement or has become known to anyone other than the Member to whom the Password has been assigned, then you shall ensure that such password is immediately changed in order to protect your Member account and your Organization.
The typing of the password shall be made on your personal devices which are under your control. The access to your Member account from public devices or devices which are used by any other user shall be avoided as it may cause assess to your account by third parties afterwards. You shall monitor log files and reports regarding your access to Member area, content of your working sessions and actions of Members of your organizations for matching actual working sessions by time and place and content.
The non compliance to these terms is monitored and if discovered and verified is considered as breach of TOS and may result in access of third parties to your Member area, account, service subscriptions and potentially loss of privacy, data and applications for your organizations.
Members of your Organizations and their use of services. Members of your Organization can subscribe to any service for your organization however their subscription shall be accepted by you as its Master or by other Supervisor of your organization. After any Member makes subscription for service you receive standard notification in your personal area as Supervisor which allows you to approve or disapprove the subscription. The subscription is activated after you approval and the service is installed in your Organization on destination server.
If you are Member of some other organization then by subscribing to some service for this organization you agree to transfer your rights to the Supervisors of this Organization including cancellation of your subscription. If such subscription is approved by any Master or Supervisor of this Organization you cannot cancel it anymore. If it is not approved you have your subscription still available to you for assigning to any other Organization where you are Member. You may cancel as well and have its fee booked back to your deposit account (if you actually paid for it).
If you subscribed to service by using Payment Certificate and the subscription was not approved or accepted you may use the Payment Certificate for any other organizations if its issuer allowed it (the condition may be fixed as payment certificate property). If such us is not allows the payment Certificate is booked back to its issuer.
The Members of your Organizations can see only those subscriptions to services which they use in your Organization. It means that Members having roles of Subscriber or Contributor which subscribed for service and it was approved by Masters or Supervisors in the Organization e.g. the Server, then the subscribing Member can see in his/her Member Area the server data including its name, service order ID, duration of subscription, etc. and the list of all its component subscriptions. However this Member cannot see and have access to the all other servers in this Organization which can be seen by its Masters and Supervisors.
If you do not want to allow Members of Your Organization in your organization to use any of the Provider services made available through their Member accounts (such as Advertisements, Partnerships, Training courses, Invitations to other Members, etc), it is your responsibility to implement such restrictions by communicating and denying access by your approvals and disapprovals in your Member area Inbox.
Users of the servers installed in your Organization. Users of every server running in your Organization are defined and authorized locally by its Administrators of Business Applications (ABA). If you are Master or Supervisor of the Organization it is recommended that you shall be present as member of ABA group on each of your servers to be able to view and monitor its running and access rights for locally defined users and application data backups.
There is no obligatory registration of such users as Members of Portal and they can use server without Portal Membership. However if such user accesses Portal using its own Client software connected to the server then such user is automatically recognized as Member of your organization and particular server and can receive privileges which may be are provided to the Organization (e.g. use of payment certificates for subscription to training, on-line courses, etc subject to Supervisor approval).
Users’ access to Portal from client software running is supported by additional authentication and identification and allows additional convenience and information features such as notifications, news, learning, new applications, etc.
You are responsible as Supervisor of the Organization for the following:
- to communicate the TOS and License Agreement to all users of each server and for compliance to these Agreements during service implementation
- to keep your administrative rights at each particular server installed in your organization to monitor authorization of users in case you want to have control over access to its data and applications and effectively be able to restore its backup in case there are no other Supervisors in your Organization.
No Unsolicited Communications. Under no circumstances shall you send (or allow Members of your Organization, your server Administrators and/or its Users to send) unsolicited commercial communications using Portal instruments and services which are made available to you as Member of Portal. You shall not (and you shall ensure that your Administrators and/or Members shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, Provider. You agree that you will comply with all applicable laws concerning marketing, advertising, sending communications or similar activities, in connection with your use of any Provider services.
Lifecycle of your organization
The Portal implements the automated delivery of services to your organization as follows:
- Your Portal Organization has unique identification meaning that if one Organization is closed and reopened again under the same definitions (name, locations, Master) then it always has different identifier and technically be treated by Portal as “not the same one”, i.e. “new” one. It means that the data backups from the servers of closed Organization cannot be restored in the new Organization.
- Any Portal Organization can have group of Members and subscriptions for services only if it has at least one Master
- When you do not want to continue your Master responsibilities you have to invite someone acting as Master of your Organization prior to your exit
If you discontinue implementing your Master management responsibilities by not attending your Member area at Portal and not responding to Portal notifications about required Master actions such as approvals of Member activities, restoring servers and its application database from backups, deciding about subscriptions extension, etc by any reason, the Portal undertakes automatic procedures supporting existing Members of your Organization in implementation of their activities as follows:
- It sends invitation to the most active members to become Master of the Organization and waits for their accepting of the invitation. If accepted then new Master replaces you in the Organization and it continues functioning until the services are used by the Members and users of particular servers and subscriptions are made and extended
- If there are no Members in the Organization or none of existing Members accepts invitation the Organization enters the ceasing period which provides you and its Members the last opportunity to secure access and secure your data and application objects. After the end of this period the Organization is closed and its application data is not recoverable even if its encrypted backup exists.
- If there are no Members in your Organization or no Subscriptions are available during 12 months since your last login into the Member area of Portal the Organization may be closed and deleted. This condition is not applied to your personal Organization having your name which is available for your activities during the whole period of your Membership.
By accepting the TOS you acknowledge your agreement and your acceptance of these rules and conditions.
Managing Your Provider Service
You acknowledge and agree that where Provider licenses its Services to an entity or organization represented by a group of Members having roles of “Masters” or “Supervisors”, or where an entity or organization makes the Provider Services available to you, the legal entity or organization having no legal entity so licensed or giving you access may grant multiple individuals rights related to the management and use of the Provider Services including service implementation such as server application data restoring, without any notice to you in case you have a role of a Member but not Supervisor in your organization. These rights may enable one or more persons with roles Master or Supervisor to: view list of servers in the organization, services installed in each server, add and remove servers and its services, add and remove other Members to particular organization with roles as Supervisor or Member, access information about their names and email and SMS contacts or change their roles, allow and bar restoring backups on particular servers in the Organization, allow and bar restoring servers after breaks or failures or upgrading, determine who can subscribe for services, make Personal Information public by subscribing to Pharos Discoverer and other public servers on behalf of Organization; determine who is responsible financially for the Organizational account; and other similar actions.
SPAMMING AND OTHER MALICIOUS ACTIVTIES
You as Member of Portal shall not respond to any unsolicited requests for your credit card details, passwords or other personal data about you and other Members which may be received to your contacts including email, SMS and post. The Provider and Portal Administration
- never request any financial or billing or private data or your Membership information in messages sent to any of your contacts including email or SMS or post, etc
- never ask sending such information to anyone
- never answer to inquiries to provide information about Portal Members and their Organizations and services to any third party EXEPT of the clear legal cases and rulings made in strict compliance to the European Union laws (http://ec.europa.eu/).
Neither Provider nor its officers, employees or Affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss arising from or relating to any failure by You to comply with this paragraph.
While using accessing Portal you are responsible for implementing correct login procedure especially when using common browsers (i.e. not Pharos Navigator Power Clients), checking the conformity of the official domain names to official Portal ones, avoiding any other domain names, checking such web sites SSL certificates, managing your personal information only in your Member area, not sharing personal information about Members of your Organization in public communications outside Portal as well as using reliable password managers to avoid typing password and checking domain names manually.
You shall use internal Portal communication tools in your collaboration with Members of your Portal Organizations for exchanging actual details of service implementation in your Organizations such as mentioning other Member names, their contacts and roles, server names, its IP addresses and activation keys in order to keep such information unknown to spammers as much as possible. You shall avoid using external communication channels for exchanging of this information with other Members of your organization. In all necessary practical cases you may send your colleagues simple notification message offering them access necessary details in your corresponding message sent to their Member Inbox at Portal.
The Membership registration and use of services under different and fake names are violation of the Terms of Services and leads to the termination of this Agreement at any time and may cause relevant legal cases against individuals involved.
Lawful Use of Provider Services
You may not Use Provider Services for any unlawful purpose. Without limiting the foregoing:
(a) Provider Services may not be used for any illegal purpose and may not be used in violation regulations of European Union and other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to do so in the country where you use the Products and Services.
(b) You may not use Provider Software Services if you are a citizen, national, or resident of any country to which the European Commission has prohibited or restricted export of such software. Each time you use Provider Software Services you represent, warrant, and covenant that: (1) You are not a citizen, national, or resident of, nor under the control of, any such country to which the European Commission has prohibited or restricted export; (2) You will not download or otherwise export or re-export the Provider Software, directly or indirectly, to the countries nor to citizens, nationals or residents of those countries; (3) You will neither Use nor allow the Provider Software to be Used for, any purposes prohibited by European Union laws, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (4) The Provider Software will not be exported, directly, or indirectly, in violation of these laws, nor will the Provider Services be Used or any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
(c) You may not use Provider Software Services if you register under different name and other person identity. Each time you use Provider Software Services you represent, warrant, and covenant that your identity matches your existing official documents issued by the country in which registered your nationality and place of residence.
High Risk Activity
You acknowledge and agree that the Provider Services are not intended for use with any high risk or strict liability activity, including, without limitation, any real-time applications, robotics, air or space travel, technical building or structural design, robotics, power plant design or operation, life support or emergency medical operations or uses, and that Provider makes no warranty and shall have no liability arising from any Use of the Provider Services in any high risk or strict liability activities.
Changes to the Provider Services
Provider has the right at any time to change, modify, add to, discontinue, or retire any Provider Product or Service and any aspect or feature of the Provider Services including, but not limited to, the software, hours of availability, equipment needed for access or Use or the availability of Provider Services on any particular device or communications service. Provider will provide notice of material changes to the Provider Services or changes to this Agreement by posting them to the Portal. Provider shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check the Portal periodically to inform yourself of any such changes. From time to time, Provider may issue new releases, revisions, or enhancements to the Provider Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the Provider Services being updated or upgraded, and you may Use them only in accordance with the then-current TOS and any additional license terms that may accompany them. Provider may automatically update Provider Services you have installed on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, Provider may, in its sole discretion, terminate your current license or continue to support your current Provider Services without the automatic update or replace your Provider Services with other Provider Services. If Provider terminates your current license on account of your failure or refusal to approve such fees, then Provider will refund, on a pro-rata basis based on the remaining term of the current license any fees related to the period during which you will not have access to your Provider Services. The refunding is made only for actual payments for services and is not applicable to use payment certificates.
If Provider updates the Provider Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Provider Products and Services. These TOS (including any documents incorporated by reference) constitute the entirety of the Agreement between us and you concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to Portal as provided in this Section. No written or oral statement, understanding, representation, or alleged agreement made outside the TOS posted at Portal by Provider may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by an officer of the Provider.
Provider Licenses to You; Renewals, Modifications, Limits
(a) Scope of License. Provider grants you a non-exclusive, non-transferable limited and revocable license exercisable solely during the term of this Agreement, to use applicable Portal services, information, Member instruments presented in personal area of each Member and other related sites of the Provider solely for the purpose of accessing and using the Services. Your license for access to Portal Services and the tools provided for Members is valid only after your proper and correct registration presenting your actual name and your location and your organizations. You shall have no right to use the PharosN portal and its services for any purpose other than the ones described in this Agreement and corresponding Additional Agreements for each particular service. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Provider technology if such reverse engineering, decompilation, or disassembly is intended to create, or will be used in, a competitive product.
You acknowledge and agree that Provider trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of the Provider, as mentioned in this agreement.
You may not sub-license, or charge others to Use or access the Provider Services and you may not redistribute the Provider Services or provide others with access to or Use of them, unless you have entered into a separate Partner Agreement or other agreement with Provider that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the Provider Services to access or decrypt data stored on servers registered in your Organizations and provided by Provider or Provider Affiliates; you will not use or permit others to use the Provider Services to decrypt data encrypted by others; and you will not Use or permit others to Use the Provider Services to provide encryption or decryption services to others, whether or not such services are compensated.
You agree to comply to separate Additional License Agreements and Policies which may be required for some of the Services and which shall be checked prior to its subscribing, copying and use. If certain instances of specific Services may be subjected to regulation of Additional License Agreements or Policies, which create any discrepancies between Additional Policies and these TOS, then Additional Policies shall prevail.
Service Subscriptions, Fees
All subscriptions to services are available on a fee prepay basis covered by payments from your personal account deposit or by payment certificates. You are responsible for keeping minimum amount at your deposit which is necessary for covering the subscription fees for your services and having your services running uninterrupted in case you may need it this way.
The adding necessary amount to your deposit is implemented by transactions supported by independent international payment providers. The Provider receives confirmation of successful or unsuccessful transaction from payment provider having no data about credit cards, bank account, etc. Provider does not collect and does not store any financial information about you and your financial sources. It is your responsibility to set your financial account by particular payment provider selected by you and implement necessary transactions to your Member account deposit when you consider it necessary.
Introductory promotional subscriptions. The introductory subscriptions may be provided to you under prepaid certificates by the Provider issued for the first new organization you set in your Member Area. The payment certificates may cover subscriptions for complete set of services including main software products such as server and several clients with object model builder instruments and sample enterprise and report with the purpose to allow you learning and understanding how you can apply the Services to your personal and business tasks and develop your own applications.
Your agree that Provider may limit issuing prepaid certificates only for the first server in your first organization unless you have entered into a separate Partner Agreement or other agreement with Provider that expressly authorizes you to engage in activities requiring prepaid certificates (e.g. educational. community, health, etc). In case you cancel your subscription which used such prepayment certificate it is not refundable and not applicable to another subscription.
If you received a promotional discount or partner benefits on your initial free time period for Products and Services, you agree that Provider shall have the right to automatically and without notice renew your license at the listed non discounted monthly price. All other terms of service will still apply upon acceptance.
Subscription extension and renewals. If you used prepaid certificate by Provider to use Services for free evaluation period and decided to extend the Subscription or make additional Subscriptions after the end of this period by payment from your own deposit to cover a license fee then you agree and acknowledge your acceptance of Services as useful and needed for your business or private needs.
You agree that Provider would extend and renew your any of subscriptions automatically only if
- You permit it making the setting “ON” for relevant parameter “Autorenewal” in “My Subscriptions” in your personal area for particular service subscription
- You keep sufficient amount covering the subscription fee at your personal account deposit to allow automatic extension of services by charging relevant fee by the end of the subscription
- You have sufficient amount in payment certificates available for covering the fee of such subscription extension.
The Provider would send you notice to renew your license for continuing use of Services upon expiration of your license terms in case there is no permit for automatic renewal or amount is not sufficient to cover the subscription fee using your deposit or payment certificate. In such cases Provider may terminate your license after the end of service subscription if you do not otherwise renew your license manually.
You aware and agree that after such termination for the particular service “Server” you may not be able to access your data and applications and restore its backups which were run at the server in your Organization where it was registered and all other dependant services running on this server such as software clients, sample objects, reports, etc. shall be terminated as well.
Your acknowledge and agree that it is your responsibility to keep regular checking of your Portal Inbox in personal Member area of as well as your email and SMS contacts updated and valid for receiving the Provider notifications.
Cancellations and Renewals. You may cancel your subscriptions to services in the following ways:
- Cancel a next renewal of running service by removing (checking out) the Autorenew checkbox in your personal member area My Subscriptions and ceasing use of particular Services which allow auto renewals
- By not extending service manually after the end of its running period
- By making “Cancel Subscription” command in your personal member area section named “My Subscriptions” for particular Services which is cease it in 14 days after acceptance by all Supervisors in your organization
You agree and acknowledge that the cancellations are subject to the following conditions:
- You can cancel service subscription in your organizational group “Organization” only if you are Master or Supervisor of this Organization
- In case there are other Masters or Supervisors in the Supervisor group for this organization the cancellation of the subscription comes into force upon approval of all other Masters and Supervisors of your Organization. This condition secures interests or Members and Server users in the Organization which has running Services in case of differences between supervisor opinions regarding the subscriptions for Services.
- In case you are Member of some Organization and you make subscription which has to be authorized by Supervisor of this Organization and if authorize them you agree that (1) your action is aimed at covering the subscription fees for service providing to the Organization and (2) you transfer all rights for the service management the Masters and Supervisors of the Organization and (3) therefore you cannot cancel the service afterwards.
- If you made the subscription by using Payment Certificate then this certificate is not refundable and become void.
You acknowledge and agree that if you do elect to cancel any of your PharosN engine licenses within this specified period after a change in the TOS, or if you cancel your license or fail to renew an expired or terminated license for any reason, it may cause deleting relevant information about the Services and result in possible loss of your data stored in server application databases, the server backups and related applications developed by you and your colleagues during previous service subscriptions’ periods.
The cancellation is subject to other conditions as described in the section “Termination” below and is legally binding and cease all depending services and come into force as of beginning of next day Central European Time.
The payment for any service subscription is made from your personal deposit account accordingly to your selection as follows:
- Automatic extension of a subscription which uses your account deposit or some payment certificate to cover the service fee for the next subscription period and is activated by your command in your Member area and running automatically until you decide to deactivate it.
- Manual subscription and its extension each time when the subscription interval ends.
The financial transactions adding payments to you personal deposit account can be made by using only recognized international payment providers which have service agreements with Provider and presented in the page “Adding amount to your deposit” in your personal profile. These financial transactions to your deposit account from you financial sources are always made by you manually and you have to calculate, plan and add necessary amounts for your service subscriptions prior to its ordering.
You agree (i) to make payments to your deposit account with the only purpose of covering the service subscription fees for you and your organizations including its automatic extension and (ii) keep the amounts of such payments at necessary minimum.
You will be automatically notified (see Section Communications) in case the amount at your personal deposit is not sufficient to make subscription or extend your running subscription which you commanded as “Extend automatically”. In situations where your deposit amount is not sufficient and your do not add necessary amount to your deposit and do not extend your subscription the service is suspended or terminated promptly after the date of its ending.
Although the Provider reserves the right to change service fees at any time each service providing is guaranteed for the subscription period. All invoices for service subscriptions are made accordingly to your instructions and data which you enter yourself and should be checked before making payment. The errors which you may make in the formulation of such invoices cannot be corrected afterwards and it is your responsibility to make all necessary checks and corrections prior to payment for service subscription i.e. its activation.
You acknowledge and agree that Provider uses external, independent and internationally registered Payment Providers for receiving payments to your Member deposit account. The Provider and the Portal do not ask for and do not collect and do not keep any data about your credit cards and financial accounts and it is your responsibility to keep sufficient amount at your account deposit for covering optional fees for Service subscriptions you make and including its automatic extension.
Refunding in case of service subscription cancellation
If you paid the subscription fee for Services subject for refunding policy from your deposit account and later cancelled the subscription you are refunded to your personal deposit account under the following conditions:
- You paid the subscription fee from your personal account deposit
- The refunding is made only to your personal deposit account
- The refunding amount may be calculated proportionally to unused duration of the subscription interval as difference between the end date of the subscription and the day of its actual implementation
- The date of cancellation is the day when all Supervisors in your Organization agreed to your cancellation
- If you have the role Master or Supervisor in the organization which you subscribed for the service the refunding implemented only in case all the Supervisors of your organization agreed to cancel this Subscription and the date of cancellation is the day when such approval was made by the last Supervisors in the Supervisor group of the Organization.
- The date of service ceasing i.e. date of cancellation implementation is the date approval by all Supervisors in your organization plus 14 days.
You agree that
- You are not refunded if you subscribed to a service using any payment certificate.
- You cannot cancel your subscription for a service made for your Organization where you have the roles of Subscriber or Contributor in case this subscription was accepted by any Supervisor of this Organization (meaning that you transferred the right for the subscription management to the Organization).
- You cannot cancel your payment certificate to some Member or Organization which had been used for a subscription to some service.
- You are not refunded if you break TOS and have all services ceased.
Full refunding in case of Membership cancellation
You understand, acknowledge and agree that the conditions of your full refunding in current amount of your personal deposit are as follows:
- The complete refunding from your personal deposit account is made only upon the closure of your Member account at Portal
- The amount of refunding is equal to the amount which you have on your personal account deposit at the moment of your Membership ending
- The refunding is implemented as financial transaction to the same your Payment Provider account from which you made your transfers to Member account deposit
- The refunding is subject to charges which may occur in such case including financial provider charges, costs of verification, costs of your Membership ending, etc.
You are responsible for ensuring that Provider has current and accurate records in your personal profile which are necessary to implement your refunding.
Extended free trials supporting your consumer rights
Provider supports implementation of Consumer Protection Laws and Policies by issuing prepaid certificates covering extended free evaluation periods for your first organization which you establish as Portal Member. In case you decide to extend the subscription after such introductory free evaluation period by purchasing a license after such initial introductory period you acknowledge that you are aware and agreed and used the opportunity to "try before you buy" provided to you by Provider by prepaid certificates issued for your new organization for free use of Services for its evaluation period prior to such purchasing of service and that you had learned, tried and found the service useful and suitable for your private and business needs. In all such cases of your subscription extension and new subscriptions for the same services there is no refunding.
In addition all subscriptions are final and not subject to a refund for the following products and services: Application objects, Complementary materials, On-line training courses and other additional Products and Services that may be offered from time to time by Provider and which are provided under these conditions as described in relevant additional license agreements. All extras concerned are one time purchases for the period you selected and will not be eligible for a refund.
No refunds for trial service subscriptions covered by payment certificates. You may receive Payment Certificates from Provider and other Members of Portal. You agree that such Payment Certificates may be used only for subscriptions for services and are not refundable to your deposit.
Value Added Tax (VAT)
Vat is a tax on consumer spending within the territory of European Union Member State. VAT is not included in prices displayed on Provider site. When applicable accordingly to current EU regulations for digital products, VAT is charged separately and will be itemized on invoices and billing information.
Who may be charged VAT? Provider is required to comply with the European VAT regulations and charge VAT to customers located in the E.U. Customers categorized as Business users in the E.U. may be required to self-account for VAT under EC Directive 2006/112, Art 196, using the reverse charge mechanism.
NOTE: If your account accrued charges BEFORE you supplied the necessary information to Provider, VAT will be charged on all purchases prior to the change. If you are not familiar with the VAT self-accounting rules in your country, please contact your accountant or professional adviser for more information and review relevant sections on official site “European Commission Taxation and Customs Union” or relevant sources of information in your country.
The invoices for Provider Services are formulated automatically upon payment for service subscription by some Member of Organization for this Organization. The information about the Organization is presented as it was entered by you or some other Member of the Organization and it is not modified by Provider. The invoice is issued for actual amounts paid prior to the access to services by billing to your deposit account or use of your payment certificates available to you.
Your must notify us about any problems or discrepancies related to payment transaction from your payment provider account to your deposit account at Portal within seven (7) days after they first appear. Provider does not have any information about your bank accounts or credit cards or any other payment services you may use except confirmation about payment receipt or its failure from the payment provider available in corresponding Portal page. Prior to sending to us any notifications of problems you shall clear all issues related to the payment directly with your payment provider which you used for sending amount to your personal deposit account at Portal and have all details of the problem. The notification shall be sent to us by using Feedback form (same as Provider Contact) indicated in Section “Member Feedback” of this TOS and selecting category “Payment receipt”
If you do not bring such problems or discrepancies to our attention within that seven (7) days period, you agree that you waive the right to dispute such problems or discrepancies.
Duration of Agreement
You agree that you shall be bound by these TOS beginning on the earlier of when you first register as Portal Member and when you first agree to the Provider TOS until the later of the dates you keep your Membership in the Portal. When you subscribe to particular Provider Services and install it and run the services you agree to be bound by additional License Agreements which may exist for each Service.
The Provider may send you notices requesting your Membership actions when necessary in case there are long time intervals when you do not login into your Member area and/or do not implement such actions as required by your roles of Master or Supervisor or Contributor or Subscriber in your organizations accordingly to the TOS. In case of long non-activity periods and absence of response to such notices from you, the Provider has rights to cease your Membership, your services and assign it to other Members in your Organization including transfer of your relevant role to other Members in your organization and remove your organization if there are no Members and activities and erase personal data.
Assignment and Delegation by Provider
Provider may, in its sole discretion, transfer or assign all or any part of its rights in the Provider Software, the Provider Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such Provider Services, licenses, or other contracts.
No Transfers or Modifications by You
You may not sell, assign, grant a security interest in or otherwise transfer any right in the Provider Services, nor incorporate them (or any portion of them) into another product or service, nor copy the Provider Services unless you have special legally binding agreement with the Provider. You may not translate reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Provider Software or decrypt any files related to the Products and Software. You may not modify the Provider Software or use it in any way not expressly authorized by these TOS. You may not obtain the communications protocol for accessing the Provider Products. You may not authorize or assist any third party to do any of the foregoing.
Automatic implementation of services
The software services which you subscribe to are implemented automatically by special protected communication protocols between Portal and your Server. It allows installation of your services after subscription, monitoring of implementation, updating the software features and security, implementation of your ownership rights for application data and your management activities as Master or Supervisor. The model for the software services generally have common analogues in our life and described here for illustration purposes only in the following example of renting a truck:
Beginning of illustration example
- A Customer needs a truck to transport necessary goods and materials and agrees to get such truck from a Provider of Trucks
- The truck is not sold by Provider but leased to the Customer for a fee covering all relevant costs including fuelling, oil, servicing, checkups, maintenance, replacement of wheels, introduction of technical improvements, efficiency, security of transportation, etc.
- The Customer is free to use the truck for transportation of own goods and materials however has to keep full responsibility for implementation of transportation including traffic rules, security of transportation, care in handling of goods and services and its storage accordingly to the local laws / regulations in country and agreement with Provider which include requirements of truck maintenance by the Provider
- The Provider of the Truck does not know the content of the materials and goods transported but cares if the Customer stick to requirements regarding the use of the truck, effective and secure storage and loading of materials into it as well as compliance to all other conditions of service agreement (i.e. TOS) in the interests of both Customer and Provider to implement effective and long term collaboration between the parties.
End of the illustration example
Provider may in its sole discretion implement automatic updates and automatic installation of Provider Software services accordingly to the licenses for these Products and Services and your running subscriptions. These automatic updates and installations may not be consistent across all platforms and computers; and the performance and features offered by Provider may vary depending on your computer and other equipment.
You agree that your version of the Provider Software realizing the Services is automatically checked and updated by the special protocols of secure communications between Portal and your computers running Server subscriptions. You agree to accept and comply to the condition that the Server subscription license include automatic checking of available software updates and validation of authorized subscription services by implementing regular Internet connection of the Server installed in your Organization to the Portal for the time interval required for such operations which run during the minimum server load time at night by default.
You agree to take no action to interfere with such automatic updates and installations, scanning, and related activities and services. If you shut down your computer or the Provider Software during an automatic update or installation or otherwise interfere with such installation, the software may be damaged and/or cease to operate and application data loss and may require additional reinstallation and may result in extended non operational time and costs which have to be covered by you.
Your acknowledge and agree herewith that Provider and its specialists and Partners
- Do not access to your data and application objects and protected archives running by your servers during automatic software update
- Do not have any commands for copying your database and / or application objects to PharosN portal or to any other place using the communication protocols for the software updating
It is your responsibility to implement secure and protected management of your application database by its regular encrypted backups and restoring procedures in case of server failures or migration to other server hardware for each server installed in your Organization.
End-of-life (EOL) policy today
The date of release of updated version of the software is the beginning time for replacement of the current version with its update. The end of life for the current version is 30 days after this date.
Accordingly to the server license you shall ensure daily realization of update checking connections. In case of problems with your Internet connections such connection shall be realized at least Once a Week to ensure compliance to License Agreement terms. If there is no connection between your Server and Portal for period of more than EOL Provider may terminate your License and implementation of Services unless particular case of Force Majore.
Retention or Deletion of Backup Data and Personal Information
Server Software service saves your data and application objects to your server backup file automatically. It scans for changes or additions to your database and then periodically creates an encrypted copy of a modified or newly designated database file. The backup file is automatically encrypted with most comprehensive methods currently available in information technology and with automatically generated unique password at the moment of backup having unique attributes of your subscription, unique identifier of your Organization, etc. After such encryption the backup file can be safely stored in any save place which you consider appropriate including cloud storage.
This backup can be restored only in your organization and on the server where it was created and only after approval of such request by the Master or Supervisor of your organization. No one in your Organization or Users of Server including its Administrators or Portal Administration would know the Password for restoring of the backup. Restoring such backup to any computer while having the backup file means technically having implemented the combination of the following conditions:
- Your Organization which had the server service subscription exists
- Your server service subscription shall be valid
- Your server shall be running (or restored after some hardware failure or upgrade)
- The server shall be connected to Internet during the restoring of the backup
- The Master or Supervisor of the Organization shall approve the restoration of the backup at your specific server in their Member area at PharosN portal prior to its restoring
- The device having backup file shall be accessible by the server during the restoring procedure i.e. at local hard disk or remote network storage, etc.
- You shall have administrative rights on your server
You or any other person shall not be able to restore from the backup file if
- It was created without valid running service subscription
- The target server where you want to restore data does not have running service subscription
- Restoring is attempted to a server which is not registered at the Portal in your Organization
- There is no Internet connection between server and PharosN portal
- The restoring to the server has not been approved by Supervisor in your Organization prior for restoring on particular server
- The backup procedure was not completed successfully
- The backup file name and / or size and / or content was modified or changed.
You are responsible for local implementation of the server backup by the following:
- Ensuring that Administrators of each server have automatic backup settings “ON”
- Selecting and implementing necessary backup device or service for saving backup file e.g. to the local hard disk connected to the server or to network computer, etc
- Monitoring and ensuring availability of space which is required for keeping the backup file stored safely without errors
- Checking and implementing the restoring procedure from time to time to ensure your capacity for its prompt implementing if required
- Informing Provider by Feedback from your Member area about any technical problems which may occur during your backup and restoring procedures.
You are informed and agree that Provider does not access to and does not maintain any copy of your data including its backup and cannot assist you in its restoring on any of your servers unless you comply to all these conditions. If your license to Use Provider Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, Provider may, without notice, deny you restoring any of your Backup Data in some other organizations and its newly subscribed servers.
You agree that if
- You stop making backup files assigned by default your data is no longer be backed-up,
- You delete a file from your storage,
- You change file name or edit its content,
- Your subscription for server which produce backups ended or stopped
- The Master or Supervisor of your Organization where you are Member does not agree to approve restoring of the data on the particular server of your Organization
- The Organization which had your server was closed
- You ended your Membership and/or closed Organization however opened it again later
- Your server does not have access to its backup device when it should run backup
- Your backup file storage is not accessible during your restoration
- You terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason
that the backup files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed server computer may not be restored should you wish to restore them.
You agree that Provider and Provider Affiliates does not retain and have no obligation to retain your Backup Data (unless available as service subscription and having you subscribed to it). Immediately after your trial or license has been terminated, expired, or otherwise lapsed, you shall use the opportunity to extend such subscription license to keep access to your data, applications and its backup running.
You agree that Provider does not have services and technical means to restore your encrypted backups in case your account was terminated and then you make a new account as such backups are managed by supervisors of each organizational group in unique way and after the organizational group “Organization” is ceased its server’s databases cannot be restored.
Provider may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also only be made available through certain delivery modalities such as email or SMS and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, Provider may employ a variety of tools to aid in the process of resolving your issues as a user. You grant Provider the right to use these tools and hold Provider harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with the Provider Services, your computer, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files.
You agree and understand that certain programs, files, information or data you restore may require that you have access to or retain Membership on Portal, license keys and rights that Provider may not have and that you will retain any needed copies of such information. You agree and understand that your data, objects and applications will require special configuration of the service components such as software and hardware in order to access data restored from your Provider Services and that Provider has no obligation to assist, and may not be able to assist, you with such configurations.
Restrictions on Access to Provider Products or Service
You may access Provider Services only through the interfaces and protocols provided or authorized by Provider on Portal. You agree that you will not access Provider Services through unauthorized means, such as unlicensed software clients. Certain Provider Services backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file names and extensions or header information.
Quality: The Provider will use reasonable endeavors to provide the Services with minimum disruptions. However, the Provider cannot guarantee that the Services will always function without disruptions, delay or other imperfections. Since the Provider services implemented by using various communication lines and providers supporting Internet availability in countries, local Wi-Fi networks in your organizations and third party communication services by your mobile operators delivering your SMS and emails to your mail-boxes there may be power outages or internet service disruption and message losses due to technical or other reasons including anti-spam filters, you may experience some disruptions and delay which will interfere with the quality of Your services.
Technical improvement and maintenance: The Provider may change technical solutions for services in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. The Provider may also have to repair, improve, and/or upgrade the services and this may require us to restrict, limit, suspend, interfere and/or interrupt the Services at any time in our sole discretion.
Communications and Internet
Connectivity requirements for services: You are aware and agree that the Licenses for Provider Services and implementation of Services technically require obligatory Internet connection between your Member area at PharosN portal and your local server and services which were installed on such server and without Internet connection the use Provider Services may not be possible. If your Internet connection to your PharosN engine may not be available continuously it shall be available daily preferably at night when server has minimum load. The Agreement requires that your server shall be having daily connection to Portal during the time interval sufficient for updating of the software services and maintenance of the software otherwise. If the connection not implemented at least once per week it is considered as violation of the TOS and may cause termination of Agreement and Services.
You are responsible for ensuring conditions of such minimum connectivity frequency and duration and prompt actions to ensure the connectivity if the software checkup and maintenance were not implemented successfully. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access Provider Services.
Offline Server implementation options
Provider may implement optional offline updating procedures for servers which are installed in house without access to Internet. In each such case the Server administrators shall implement updating procedures manually by using additional software components installed on intermediary server to download the update on storage device, connect it to the Server, run the update, save resulting confirmation data to storage device, connect to Portal and upload it. The request for such support services and utilities shall be sent to Portal Administration by Master or Supervisor of relevant Portal Organization.
Data Collection, Encryption, Privacy, and Disclosure
You acknowledge that your personal data which you provide during your Membership and which is saved in the PharosN portal may be
- Shared with organizations or individuals if there is a good-faith belief that access, use, preservation or disclosure of the information is necessary to meet applicable law, legal process or enforceable governmental request accordingly to European Union regulations
- Used to enforce applicable TOS, including investigation of potential violations, detect, prevent, or otherwise address fraud, security or technical issues protect against harm to the rights, property or safety of the Provider of Services, our users or the public as required or permitted by law.
We may share aggregated, non-personally identifiable information about Membership publicly and with our partners like publishers, advertisers or connected sites. For example, we may share information publicly to show trends and statistics about the general use of our services, branches of industries, geographic distribution, etc.
Personal Data. You shall inform each User that you as Supervisor and your Server Administrators may obtain their personally identifiable information about their access to PharosN portal using their client software. The information can be used for validation of User association to particular Server and Organization where it is registered as well as for compliances to Agreement. You acknowledge and agree that you shall process (and shall ensure that Your Administrators shall process) such personally identifiable information in accordance with all applicable data protection laws. You represent and warrant keeping all such personal and traffic data confidential and use and protecting it strictly in compliance with applicable data protection laws.
Requirements for Registration or Use of Provider Products. Provider’s Services are intended and offered only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such Services. Provider does not offer Services to minors or where prohibited by law. By registering for and/or by using Provider Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the TOS and that you will use Services only in accordance with these TOS and with all applicable laws.
If a Member uses Services that are provided by any third party as Provider partner including any person, entity or organization, the Member using the Provider Services, by virtue of such use, agrees that any information the Member provides to Provider (including but not limited to the individual's Personal Information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organization that provided the Provider Services to the individual.
You agree to provide accurate and complete information when you register for a Portal Membership and Provider Service and you agree to keep such information accurate and complete during the entire time that you keep such Membership and use Provider Services. You understand that your account is self-managed and no one may validate your credentials to restore access to your account in case information provided by you during and after such registration is incorrect or erroneous.
The Portal may ask you from time to time for acknowledgement of your user name or password while accessing your Member area or using the Provider Services and use various technologies to verify and validate it. You are solely responsible for
- Checking the Provider domain name win2biz.com and pharosnavigator.com in such inquiries
- Any consequences arising in whole or in part out of your failure to keep your information about you and your associated Organizations updated and maintain the confidentiality of your username and/or password.
- Monitoring your activity in section “My Activities History” of your personal Member area and set notifying your contacts regarding any change of your personal profile and organizations and services.
Protection of your data. The Provider does not have public the directory of Members of Portal and Organizations registered by the Members and does not provide this information to any third party. You are solely responsible for protecting the information about your Membership, roles in your organizations, your selection of service subscriptions, including publications of your advertisements and its implementation on particular computer hardware, installing additional services to your server computer and compliance to the requirement that “The Server software must run on dedicated hardware without any third party software installed on such hardware and without any manual intervention on operating system level and regular communicating with PharosN portal for its updating and servicing”.
Data exchange between Server and Portal during updating and servicing. Provider automatically inspects system software configuration during communicating sessions between your Server and Portal including version ID, service ID, subscription status, installed component services and related information in order to confirm that each system component is properly represented and valid.
You acknowledge and agree that
- Your data appearing during using of Provider or Provider Affiliates software may has special format and content made to suite the service applications which restrict its use by any others software and applications available by third parties.
- The content of your backup files is encrypted before they are saved locally or transmitted to storage data center define by your server administration.
- Provider may not have the ability to decrypt your data files and
- Provider does not access and does not store your application data.
Warranty and Disclaimer
Due Authority. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you represent legal entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement. You are responsible for maintaining the confidentiality of your member number and/or password as correctness your personal information including contacts used for your access verification. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Warranties and disclaimers except as expressly provided otherwise in written agreement between you and the Provider.
WARRANTY DISCLAIMER. ALL PRODUCTS ARE PROVIDED “AS IS,” AND PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. PROVIDER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROVIDER NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DISCLAIMER OF OTHER WARRANTIES. No oral or written statement, information or advice given by Provider, its Affiliates, or their respective employees, partners, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section.
Limitation of Liability
With respect to defects or deficiencies in the Provider Services, the liability of Provider and Provider Affiliates will be limited to performance of its responsibilities under Section “Warranties”.
With respect to other breaches of contract, the liability of Provider and Provider Affiliates shall be limited to your actual damages with respect to the computer affected by the breach, and in no event will such liability exceed the total amount received by Provider from you under these TOS as service fee for your current Subscription Period.
NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE 1 EURO. THIS SECTION (LIMITATION OF LIABILITY) SHALL NOT APPLY TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (3) YOUR BREACH OF SECTION “RESTRICTIONS” OR SECTION “COMBINING THE PRODUCTS WITH OPEN SOURCE SOFTWARE OF THIRD PARTY CODE IN PROVIDER PRODUCTS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER. The parties agree that the limitations specified in this Section “Limitation of Liability” will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
IN ADDITION, YOU UNDERSTAND THAT THE SERVICES ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR REAL-TIME OR BE USED AS CRITICAL COMPONENTS IN LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, OR ANY OTHER MISSION CRITICAL APPLICATION THAT INVOKES THE POTENTIAL RISKS OF DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). ANY USE OF THE SERVICES WITH RESPECT TO SUCH CRITICAL APPLICATIONS IS FULLY AT YOUR OWN RISK, IN PARTICULAR, WITH RESPECT TO AUTOMOTIVE, ROBOTICS, AEROSPACE / DEFENSE, AVIONICS, MEDICAL DEVICES OR PRODUCTS, HEALTHCARE APPLICATIONS, SUBJECT TO APPLICABLE LAWS AND REGULATIONS GOVERNING LIMITATIONS ON PRODUCT LIABILITY.
Neither Provider nor any Provider Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the Provider Services. The limitations of damages set forth above are fundamental elements of the bargain between Provider and you. Provider would not be able to provide the Provider Services to you without such limitations.
This Site contains links to third-party Web sites that are not under the control of the Provider. The Provider makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-the Provider Web site, you do so at your own risk and the Provider is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. The Provider provides these links merely as a convenience and the inclusion of such links does not imply that the Provider endorses or accepts any responsibility for the content or uses of such Web sites. This Site can be accessed from other countries around the world and may contain references to the Provider services and programs that have not been announced in your country. These references do not imply that the Provider intends to announce such services or programs in your country.
Managing user content and communications
Certain Services offered on this Portal and its Sites accommodate or require user-supplied information, materials or communications (collectively, 'User Content').
The Provider reserves the right, in its sole discretion, to delete or remove your Member Content from the Portal or its Sites and to restrict, suspend or terminate your access to all or part of this Portal, at any time for any reason without prior notice or liability.
The Provider may establish general practices and limits on your use of any Service, including, but not limited to, on number of your organizations, number of services, retention time of your advertisements, its content. The Provider shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any service.
The Provider may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content.
To the maximum extent permitted by law, the Provider will have no liability related to Member Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. the Provider also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Member Content.
License for user content
Depending upon the nature of the Service, by submitting User Content to this Site you grant the Provider one of the following two types of licenses:
1. For Member Content that is the result of your publications, such as advertisements, pictures, presentations and case studies related to work you have done using the Provider products, you hereby grant the Provider a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such Member Content. You also grant the Provider the right to distribute and publicly display and perform such Member Content for the purpose for which such Member Content was submitted to the Service. This license will be in effect until such Member Content is removed from the Site.
2. For Member Content such as comments to the Insider Community Forum, bug reports, piracy reports or product suggestions, you grant the Provider an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Member Content, and you also agree that the Provider is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
However, the Provider will not release your name or otherwise publicize the fact that you submitted such Member Content to us unless: (a) we first notify you that the Member Content you submit to a particular part of the Portal or its Sites will be published or otherwise used with your name on it; or (b) we are required to do so by law.
PROHIBITED COMMUNICATIONS you may only submit to the Site, Member Content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may be considered as violation of the TOS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, PROVIDER AFFILIATES AND PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE PROVIDER SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF SERVICE USE. Should you bear financial responsibility for payment to Provider for Provider Services or have otherwise made payment for Provider Services, you agree to indemnify any Users of Provider Services that you have paid for with respect to any and all matters. If you are a beneficiary of another party having paid for said Provider Services, whether or not the paying party(s) is a user of Provider Products and Services, your sole source of recourse, for any and all claims, is to the party that bears financial responsibility to Provider for Provider Products and Services. PROVIDER RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, AND ONLY IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE A DEFENSE FOR PROVIDER IN THAT MATTER. If Provider chooses to provide its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Service Use, you shall participate and cooperate in the defense of Provider and Provider Affiliates, at your own expense, to the full extent requested by Provider.
Trademarks, Service Marks, and Other Intellectual Property
All trademarks, service marks or other similar items appearing on the Provider Products or Service are the property of their respective owners, including, without limitation, the Provider. The Provider Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the Provider Services and shall remain with Provider and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with Provider’s or its licensor's ownership of or rights with respect to the Provider Services.
Except as expressly provided herein, Provider and its Partners do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Provider.
You may not remove any copyright or other proprietary notices contained in the documents and information. The Provider reserves the right to revoke the authorization to copy, view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from the Provider.
The rights granted to you constitute a license and not a transfer of title.
Copyright Infringement Notification
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by Provider:
support (at-sign) win2biz.com
If you believe content hosted by Provider infringes a copyright, please provide the following information to the Provider identified above: (i) A physical or electronic signature of the copyright owner or authorized agent; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); (v) A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dispute Resolution, Arbitration, Governing Law, and Venue
All conflicts and claims issues related to the use of Services are considered only upon availability of legally correct TOS by users which had been registered as users presentation of
The responsibility for accuracy and validity of such registration is beard by the registrants. The provider stores and used the records of registration as it was made by registrants and is not legally bound for any possible inaccuracy> errors> mistakes in registrations or fake registrations.
Acceptance of Claims. All claims of legal entities to the Provider regarding the Services are accepted for consideration only in case of correspondence between documents of such legal entity issued in the country of entity registration and data about such entity provided by relevant Member of the Portal during the registration of the entity and store in the portal and the date of the last use of the Portal services, confirming compliance to this TOS.
Arbitration claims by existing legal entity in some country regarding an authorized use of its identity by some Member of Portal shall be settled directly between the representatives of legal entity and Member of Portal accordingly to the law of the country of legal entity residence. The Provider shall not be involved in such resolution as it cannot validate and cannot support any side in such disputes.
Arbitration of International Disputes. Notwithstanding the provisions of Subsection (Arbitration of Domestic Disputes), any dispute arising under this Agreement that involves a dispute between Provider and a person, shall, at either party's request, be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, with such arbitration to be conducted in a country of European Union or such other place as the parties to such arbitration may agree.
Exceptions to Agreement to Arbitrate. Disputes pertaining to i) export controls, ii) unlawful Use of the Provider Services, or iii) the scope, applicability, or compliance with governmental or court-ordered access to or limits on use of Member Data, shall not be resolved by arbitration, but shall instead by resolved by reference to a judicial or administrative body with jurisdiction over the dispute.
Costs of Arbitration. The administrative expenses, arbitrator fees, and facility charges associated with the arbitration shall be split equally between the parties; provided that, in cases involving Consumer Licensees, the Consumer Licensee shall not be required to bear such expenses, fees, and charges in excess of One Thousand Euro (1,000 €), and Provider shall bear the remainder of such expenses, fees, and charges. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses, except as may otherwise be provided in Section “Indemnification”.
Discovery Procedures in Arbitration. The parties shall be entitled to such discovery as is appropriate in the judgment of the arbitrator, in light of the nature and objectives of arbitration and to ensure that each party has an adequate opportunity to determine the factual bases for its claims and defenses.
Class Actions. Class actions and other procedural devices, however denominated, that allow pursuit in a single proceeding of claims of more than one claimant unrelated by blood or marriage shall not be permitted in the case of arbitrations hereunder involving either Consumer Licensees or Commercial Licensees or both.
Form and Effects of Award. The arbitrator shall render a naked award. Judgment on any arbitral award under this Agreement may be entered in any court of competent jurisdiction. It is the intent of the parties that neither the award nor any resulting judgments have res judicata (claim preclusion) or collateral estoppel (issue preclusion) effects except as between the parties themselves. All other provisions of this Agreement shall be governed by and construed and interpreted in accordance with the laws of Austria and European Union.
Termination, Expiration, Cancellation
PROVIDER SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF PROVIDER SERVICES TO USERS WHO ARE DEEMED BY PROVIDER TO BE USING THE PROVIDER SERVICES IN A MANNER NOT REASONABLY INTENDED BY PROVIDER OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A MEMBER’S ACCOUNT WITH PROVIDER AND THE LICENSE TO USE THE PROVIDER SERVICES.
Provider Services are designed to serve the needs of particular types of users, such as individual consumers or small and medium organizations. If you have purchased a Provider Product or Service that is inappropriate for your actual usage, Provider may require you to switch to an appropriate Provider Product or Service which may result in your having to pay Provider additional fees for use of the appropriate product or to terminate your purchased Provider Services and refund, on a prorated basis, any fees paid you may have paid on the unused portion of your Provider subscription. Provider may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of Provider Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of Provider Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Provider’s services by Members, generally in number of memberships and organizations opened, closed, number of invitations sent to join your organizations, etc. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or Provider Product or Service that will permit you to continue to use Provider Services.
Although violations of this policy are infrequent, we reserve the right to terminate or suspend your license to Use Provider Services and any license to use the Provider Software, without prior notice in the event of a violation of this policy. If Provider believes that you are breached our Fair Use Policy and the user has not switched to another Service Grade if offered, Provider will allow the Member 30 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 30days before account deletion, 2nd notice will be send 20days before account deletion and the 3rd final notice will be sent 3 days before account deletion. All communications will be sent to the Inbox of a Member in PharosN portal and copies to email address as defined in the Member account.
You also agree that Provider may retain your Personal Information and related account information for a reasonable time after your license has been terminated and help you to restore your account if you may rejoin Membership.
Termination for unlawful or abusive use, other breach.
Provider may block your access to your Member area, Organizations and their Services including restoring of backup data and/or terminate your use of the Provider Services if Provider reasonably believes that the your use of services support of illegal activities, if providing Provider Services to a person located in a particular country would violate European Union or other applicable law, or if your continued Use of Provider Services may damage, disable, overburden, or impair Provider servers or networks. If you breach these TOS, your right to use the Provider Services shall automatically terminate if you fail to cure the breach within fifteen (15) days after notice from Provider or any of the Provider Affiliates, unless your breach is due to violations of Section “Lawful Use”, Section “No Transfers or Modifications by You”, Section “Indemnification”, Section “Trademarks”, Section “Government Restrictions”, in which case termination will be without notice and without any right to cure.
The termination of your Organization if takes place by any reason as defined in the TOS including your own actions or Provider action caused by violation of TOS results in the following consequences:
(a) Cancellation of Membership for all Members of this Organization including its Supervisors
(b) Cancellation of services which are running in the Organization causing loss of access to its applications and data
(c) Loss of unique identifiers assigned to every organization resulting in principal loss of ability to restore encrypted backups with organizational data and applications in any new Organization
You acknowledge and agree to have these consequences resulting from your decisions to close any your organization or face these consequences as result of violation of TOS.
You agree that in case of termination of your Member account at PharosN portal you lose connection to Products and Services and your Organizations which you had prior to this termination as well as your databases which could have been accumulated on the servers which you run in your organizations as its supervisor. In such case the data and applications which were available to you and your organizations prior to termination may become lost.
If this Agreement pertains to a trial, beta, or evaluation license (such as a license that provides access to services paid by payment certificates by Provider for limited time i.e. free subscriptions for services, for which you have not paid a fee and/or for which you do not pay a fee and associated taxes on or prior to expiration), the license granted under these TOS will terminate upon the expiration or cancellation of the trial or evaluation period, when the Provider Product or Service you are using is no longer made available, up to three (3) months from the date you first installed the Provider Product and Service, or when Provider cancels or terminates the license, whichever is shorter. You agree to Use the Provider Services for no longer than the trial or evaluation period covered by Provider Payment Certificate unless you enter into another license and pay a license fee and associated taxes as applicable, or Provider allows your license to roll over for another service subscription interval which Provider may elect to do at its sole discretion and without notice to you.
Your license will end upon the sooner to occur of (i) expiration of your Subscription Interval, (ii) upon your non-renewal of the license, (iii) upon your cancellation of the license, (iv) when Provider elects to discontinue the product, (v) upon your breach of these TOS (if such breach is not cured within the time indicated below in this Section (Termination, Expiration, Cancellation), or (vi) when Provider cancels or terminates your license, (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as "termination").
Upon termination: i) you shall immediately cease any and all Use of the Provider Services and delete all copies of them; ii) the Provider Software may be disabled by Provider without notice to you; and iii) you will no longer have the right to access services or retrieve your Backup Data; you hereby grant Provider at its sole discretion the unrestricted right to delete or retain all such Personal Information at any time after termination, without notice.
In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section “Lawful Use”, Section “Provider License”, Section “No Transfers or Modifications by You”, Section “Warranties”, Section “Limitation of Liability”, Section “Indemnification», Section “Trademarks, Service Marks, and Other Intellectual Property”, Section “High Risk Activity”, Section “Dispute Resolution, Governing Law, Venue”, Section “Survival”, Section “Notice”, Section “Limitation on Actions”, Section “Miscellaneous” and Section “Severability” shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.
Any notice that may or must be given by Provider in connection with this Agreement or in connection with the Use of the Provider Services, may be given by sending it to your Member Inbox and/or email address provided by you upon registering for the Provider Services or as you may provide from time to time thereafter by modifying your Member profile at the Portal. You are responsible for ensuring that your accurate contact email address and SMS are available to Provider and inform you about any needed updates.
Provider may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, Provider has no obligation to provide notice or attempt to locate a customer other than through the Member Inbox and email address and SMS provided.
You agree that Provider may guarantee delivery of such notification only to your Member Inbox but not by communications services provided by third parties such as emails and SMS and post.
These TOS were negotiated and written in English. Any inconsistency between the TOS as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version. Les parties ont convenu de rediger cette entente en anglais.
Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms
These TOS (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Provider and you regarding Provider Services, and supersedes all prior agreements between you and Provider regarding the subject matters hereof. Any item or service furnished by Provider in furtherance of these TOS, although not specifically identified in them, shall nevertheless be covered by these TOS unless specifically covered by some other agreement entered into in written or electronic form between you and us. Any modification or change in these TOS proposed or offered by you shall not become a part of these TOS unless accepted in a writing dated after the effective date of the applicable TOS and signed by an authorized officer of Provider. Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in the Additional Agreement for specific services shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.
Limitation on Actions
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.
You agree to reimburse Provider for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Provider. Provider is not responsible for misprints, errors or omissions in its advertising and promotional materials. If you have designated a person (whether by email, orally, by registering such person with Provider PharosN portal, by granting such person access to your Member name and password or by having your computer registered for Provider Services) to have access to your Organizations and Services, you hereby authorize Provider to give such designated person access to your personal information, list of your organizations, your roles in these organizations, your rights as Supervisor for services running in these organizations, setting all service parameters, approvals for server replacements and relocation, restoring its application data from backups, adding and deleting Members of organizational groups, installation of new services and cancelling the subscriptions for running services and cancelling your Member account including without limitation in the event of your death or incapacity.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
The Provider reserves its right to take all legal steps available to enforce these TOS. The Provider's failure to enforce these TOS in every instance in which they might apply, or the failure to require at any time performance of any provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions or of the Provider's rights to enforce such provisions. No waiver of any provisions of this or any other Agreement with the Provider shall be effective unless expressly stated to be such in writing and signed by both parties.
Provider Contact information
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