Your Agreement with Mr Web Limited
1) You accept the Terms by clicking to accept or agree to the Terms.
2) You may not use the Services and may not accept the Terms if
(a) You are not of legal age to form a binding contract with Mr Web Limited, or
(b) You are a person barred from receiving the Services under the laws of the England or other countries including the country in which you are resident or from which you use the Services.
Mr Web Limited provides valued added service over various cloud providers and applications. As a client of Mr Web Limited you agree to uphold the license / user agreements of the cloud providers and application providers to the extent it applies to your use of Mr Web Limited services. Please also read the Cloud Services and Applications License Agreement. As a Mr Web Limited user, you agree to uphold the Cloud Services and Applications Agreement to whatever extent it applies to your usage of Cloud Services, Applications and Mr Web Limited.
PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH MR WEB COMES FROM SERVICES AND APPLICATIONS. ALL SUCH CONTENT IS PROVIDED TO YOU “AS IS.” THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.
Your account with Mr Web Limited
1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Mr Web Limited immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account
2. You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the England or other relevant countries).
3. You may neither share nor re-sell your Mr Web Limited account to 3rd parties.
4. Unless you have been specifically permitted to do so in a separate agreement with Mr Web Limited, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5. You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
6. Your license to use any Applications is granted directly from the original provider of the Application to you, and you agree to abide by the terms of any such license. You will be solely responsible for paying for and obtaining the rights to any Applications you install and operate through the Services, and for compliance with the terms of each Application license.
9. Application Trials include the ability to install Applications on a temporary basis for trial purposes.
YOU ACKNOWLEDGE THAT THESE SERVERS AND APPLICATIONS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT MR WEB LIMITED MAY DELETE APPLICATIONS AND SHUT DOWN SERVERS AT ANY TIME.
Disclaimer Of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND Mr Web Limited DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. Mr Web Limited MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES Mr Web Limited MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEB SITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE SERVICE AND INFORMATION RECEIVED USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN
Limitation of liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Mr Web Limited or any other contributor or supplier, be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that Mr Web Limited is not responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:
1. Any changes with Mr Web Limited make to the services, or any temporary or permanent cessation in the provision of the services (or any features within the services)
2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service.
Both parties (Mr Web Limited and User) shall indemnify and hold harmless the other side (the User and Mr Web Limited) and its Client, their owners, officers, directors, agents, and employees, from and against all claims, liabilities or costs (including attorney’s fees and court costs), brought by any other party, including private parties or governmental entities.
Both parties (Mr Web Limited and User) agree not to disclose to any third party, confidential information of Mr Web Limited, User, or anyone with a business or employment relationship with Mr Web Limited or User. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the services.
General Legal Terms
1. Mr Web Limited may make changes to the Terms from time to time. When these changes are made, Mr Web Limited will make a new copy of the Terms available at http://www.mrweb.co.nz.com/terms.php. You understand and agree that if you use the Services after the date on which the Terms have changed, Mr Web Limited will treat your use as acceptance of the updated Terms
2. If Mr Web Limited provides you with a translation of the English language version of these Terms, the English language version of these Terms will serve as the control if there is any conflict.
3. Mr Web Limited is constantly striving to better its product offering and will contact the User using the email provided after signup for these and other purposes: sending welcome emails, sending password reset information, notification of billing, follow-up on signup, and for other messaging needs
4. User irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of Mr Web Limited for any matter or any proceeding for which notice is required
5. The Services may include hyperlinks to other websites, content or resources. Mr Web Limited may have no control over any web sites or resources which are provided by companies or persons other than Mr Web Limited.
6. You acknowledge and agree that Mr Web Limited is not responsible for the availability of any such external sites or resources as described in (5.), and does not endorse any advertising, products or other materials on or available from such websites or resources
7. You agree that if Mr Web Limited does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Mr Web Limited has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mr Web Limited rights and that those rights or remedies will still be available to Mr Web Limited.
8. Mr Web Limited employs industry standards technology and best practices to store and protect your Cloud and Application login information. In no case shall Mr Web Limited be held liable for any damages incurred as a result of such network or software related breach. In case of a breach Mr Web Limited will immediately notify you via email or phone call, as Mr Web Limited deems sufficient, to take necessary actions on your end.
9. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10. Mr Web Limited may automatically back up and shut down Applications and Servers at various times, including without limitation, when you log out of the Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request, or if Mr Web Limited detects that your Application or Server is malfunctioning. The data and software backed up during this process (a “Backup”) can be restored, but such restoration is not guaranteed to reproduce the exact state of the Application or Server at the time the Backup was created, particularly if you have used the “terminal” capability or otherwise directly accessed the Server.
11. Mr Web Limited reserves the right to modify or discontinue the features, functionality and other attributes of the Services at any time in its sole discretion. You acknowledge and agree that Mr Web Limited will not be liable to you in connection with its modification or discontinuation of the Services.
This is the full agreement. Mr Web Limited may make changes to it from time to time.