eCentra
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eCentra provides hosted solutions to help enterprises manage customer care
processes.
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| These Terms of Use constitute a legal agreement between you and eCentra. You
must accept without modification all of the terms, conditions, and notices
contained in these Terms of Use in order to access and use eCentra Services. If
you do not accept these Terms of Use in their entirety, you may not use eCentra
Services. Please note that eCentra may wish to change the terms and conditions
from time to time to reflect changes in the Services or for other good reasons. |
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ACCEPTANCE OF TERMS
eCentra provides its service subject to the following Terms contained herein.
These Terms may be updated without notice. When using particular eCentra’s ASP
services, you are subject to any posted guidelines or rules applicable which
may be posted from time to time. All such guidelines are incorporated by
reference into the Terms.
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| DESCRIPTION
eCentra currently provides CRM (customer relationship management)
software application hosting (ASP) resources. Users understand and agree the ASP
service is provided as currently designed and that eCentra assumes no
responsibility for the time-lines, deletion, improper delivery or failure to
store communications or settings. Users understand and agree that such service
may include advertisements. Users are also responsible for obtaining access to
the service and are responsible for any related fees (ISP’s) and all equipment
necessary to access the service.
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| PASSWORD AND SECURITY
Users can create a password and account designation upon completing the
registration process. Users are responsible for maintaining the confidentiality
of their passwords and for activities that occur under their password or
account. Users agree to immediately notify eCentra of any unauthorized use of
your password or account or any other breach of security. eCentra is not liable
for any loss or damage arising from user’s failure to comply with this these
procedures.
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USER OBLIGATIONS
In consideration of your use of the service, you agree to
provide true, accurate, current and complete information as outlined by
eCentra's registration form. If users provide false data, eCentra has the right
to suspend or terminate your account and refuse any use of the service.
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| CONDUCT
Users agree that all information is the sole responsibility of the person from
which such Content originated. This means that users are entirely responsible
for all Content that is entered or upload via the service. eCentra does not control the
Content and does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will eCentra be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content or otherwise made available. Users agree to not use eCentra to:
a. Upload, post, email, transmit or otherwise make available any Content that
is unlawful, libelous, invasive of another's privacy or otherwise
objectionable;
b. Impersonate (spoof) any person or entity or falsely state or misrepresent
affiliations with a person or entity;
c. Forge headers or otherwise manipulate identifiers to disguise the origin of
any Content;
d. Upload, post, transmit or make available any Content that you do not have a
right to make available under any law;
e. Upload, post, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas;
g. Upload, post, transmit or otherwise make available any material that
contains software viruses or any other computer code designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
h. Disrupt the service or servers or networks connected to the service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the service.
Users acknowledge that eCentra does not pre-screen Content, but that eCentra
has the right, at its sole discretion, to refuse or move any Content. Without
limiting the foregoing, eCentra has the right to remove any Content that
violates these Terms or is otherwise objectionable. Users agree to evaluate and
bear all risks associated the Content.
Users acknowledge and agree that eCentra may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to comply with legal
process, enforce the Terms, respond to claims that any Content violates the
rights of third-parties or protect the rights, property, or personal safety of
eCentra, its users and the public.
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| INDEMNITY
Users agree to indemnify and hold eCentra, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content that users submit, post, transmit or
make available through the service.
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| GENERAL PRACTICES REGARDING USE AND STORAGE
Users acknowledge that eCentra may establish general practices concerning use
of the service, including without limitation the maximum number of days that
message board postings or other uploaded Content will be retained, the maximum
disk space that will be allotted on eCentra's servers on users behalf, and the
maximum number of times (and the maximum duration for which) you may access the
service in a given period of time.
Users agree that eCentra has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the service.
eCentra offers an option (the "Free ASP" program) for users to access selected applications free of charge.
Users of the Free ASP program acknowledge that eCentra reserves the right to cancel accounts that are
inactive for more than Thirty (30) days. Users further acknowledge that eCentra
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
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| MODIFICATIONS
eCentra reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the service without notice. Users
agree that eCentra shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the service.
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| TERMINATION
Users agree that eCentra may, under certain circumstances and without prior
notice, immediately terminate their eCentra account(s) and access to the
service. Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the Terms (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the service (or any part
thereof), (e) unexpected technical issues or problems, and (f) extended periods
of inactivity.
Termination of your eCentra account includes (a) removal of access to all
offerings within the service, including but not limited to eCentra, (b)
deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring
further use of the service. Users agree that all terminations for cause
shall be made in eCentra's sole discretion and that eCentra shall not be liable
for any termination of their account or access to the service.
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| ADVERTISERS
eCentra's "Free ASP" option is supported by advertisement. Users correspondence or business dealings with advertisers, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. Users agree that eCentra shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the service.
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| LINKS
eCentra may provide links to other World Wide Web sites or resources. Because
eCentra has no control over such sites and resources, users agree that eCentra
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. Users also agree that eCentra shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
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| PROPRIETARY RIGHTS
Users acknowledge and agree that the service and any necessary software used in
connection with the service ("Software") contains proprietary and confidential
information that is protected by applicable intellectual property and other
laws. Users further agree that Content contained in sponsor advertisements or
information presented through the service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by eCentra or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the service or the Software, in whole or in part.
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| SOFTWARE AND CONTENT AVAILABLE ON ECENTRA
You may not modify, copy, distribute, reproduce, create derivative works from,
any information, software, or services that are part of eCentra Services except
as expressly provided in these Terms of Use.
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| LIABILITY DISCLAIMER
ECENTRA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED PARTNER INFORMATION CONTAINED ON OR OBTAINED THROUGH THE
ECENTRA SERVICES FOR ANY PURPOSE.
IN NO EVENT SHALL ECENTRA BE LIABLE FOR ANY DIRECT, INDIRECT DAMAGES, OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE ECENTRA SERVICES.
ALL PRODUCTS SOLD, LICENSED OR SERVICED ON ECENTRA ARE SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH IN THE MANUFACTURER'S OR DISTRIBUTOR’S OR PROVIDER’S
END-USER LICENSE AND/OR WARRANTY PACKAGED WITH THE PRODUCT. PROVIDERS ARE
OBLIGATED TO MAKE THE TERMS OF THE END-USER LICENSE, OR ANY PRODUCT WARRANTY
PACKAGED WITH ANY PRODUCT, AVAILABLE TO THE END-USER PRIOR TO THE END USER'S
PURCHASE OF SUCH PRODUCT OR SERVICE.
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| These Terms of Use are governed by the laws of the State of Calfornia, U.S.A.
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