EControl Portal.Net Terms and Conditions

Please read this agreement ("Agreement") carefully before accessing or using the EControl Portal.Net web site ("Site") provided to you by Internet Control Services B.V. By accessing or using this Site, you agree to be bound by this Agreement. EControl Portal.Net provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.

The information and services offered on this Site are provided with the understanding that neither EControl Portal.Net or users are engaged in rendering legal or other professional services or advice. Your use of this Site is subject to the additional disclaimers and caveats that may appear throughout this Site. EControl Portal.Net assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While EControl Portal.Net strives to keep the information on this Site accurate, complete and up-to-date, EControl Portal.Net cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

ELIGIBILITY
You are eligible to subscribe to the Service, by acceptance of this agreement, you truthfully certify that:
a) you are not a competitor of Company, and
b) if you are applying for a promotional demo, you have not benefited of the EControl Portal.Net services.

FEES AND DESCRIPTION OF SERVICES
This electronic service (the "Service") is being provided to you by EControl Portal.Net. EControl Portal.Net offers its Service to businesses subject to the fees and charges detailed on the Site. EControl Portal.Net is not involved in any actual servicing of any customers devices and therefore takes no responsibility for any devices. Under this Agreement, EControl Portal.Net provides access and use of its Service to its customers. EControl Portal.Net will provide you with a user name and password which will allow you to access your account and maintain your device information. Our Service is not available to minors. If you do not qualify, please do not use our Service. Further, our Service is not available to temporarily or indefinitely suspended EControl Portal.Net. You agree to (a) provide true, accurate and complete user information and keep current all device information; (b) not assign, or otherwise transfer, this Agreement or your rights under it or delegate your obligations to any person or entity and any attempt to do so is void; (c) be responsible for the results obtained from the use of the EControl Portal.Net Site or Service; (d) not introduce viruses, worms, harmful code onto this Site; (e) not use this Site for any criminal or illegal activities, or sending any information that might otherwise be legally actionable; (f) not use this Site for any unauthorized use; (g) pay any taxes, including personal property taxes, resulting from your use of this Site; and (h) promptly notify EControl Portal.Net if you suspect unauthorized use of this Site or your user identification.

PROHIBITED USES
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. You will not provide to EControl Portal.Net and/or any of our affiliates any untrue, inaccurate or false user information or impersonator falsely represent your affiliation with any person or entity. Except with the written permission of EControl Portal.Net, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS
Copyrights and other intellectual property rights in writings, drawings, photographs and other materials within this Web site are owned by EControl Portal.Net or third parties. You may not use any of the trademarks, service marks or trade names appearing on this Site in any manner without the prior consent of its owner.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to EControl Portal.Net that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, conditions or notices, your permission to use this Site automatically terminates.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data NEITHER EControl Portal.Net NOR ITS AFFILIATES ARE RESPONSIBLE FOR THOSE COSTS. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EControl Portal.Net MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT. NEITHER EControl Portal.Net NOR ITS AFFILIATES GUARANTEE THAT THEIR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. EControl Portal.Net IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED BY MEANS OF INTERNET CARRIERS. EControl Portal.Net MAKES ITS SERVICE AVAILABLE "AS IS" THROUGH WAP AND PDA DEVICES AND MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PDA OR WAP DEVICE AND/ OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

EControl Portal.Net DISCLAIMS ANY LIABILITY OR RESPONSIBILITY ARISING OUT OF ANY CLAIM THAT YOUR ACCESS OR USE OF THE SERVICE PROVIDED INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL EControl Portal.Net AND/OR ITS AFFILIATES BE LIABLE FOR A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EControl Portal.Net, OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES; OR B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION AND RELEASE
You agree to indemnify, defend and hold harmless EControl Portal.Net and each of its officers, directors, managers, shareholders, members, agents, employees or subsidiaries (each an "Indemnified Party") from any liability, loss, claim, damage, cost and expense (including reasonable attorneys' fees) due to or arising out of, directly or indirectly, your use of this Site or Service, any breach by you of this Agreement or our Privacy Policy, or your violation of any law or the rights of any third party.

LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to Web sites operated by parties other than EControl Portal.Net or its affiliates. Such hyperlinks are provided for your reference only. EControl Portal.Net does not control such Web sites and is not responsible for their contents. The inclusion of hyperlinks by EControl Portal.Net to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and you access and use such Web sites, including information, material, products and services therein, solely at your own risk. Furthermore, because our Privacy Policy is applicable only when you are on our Site, once you have linked to another Web site, you should read that Web site's privacy policy before disclosing any personal information.

CHANGES TO SITE AND TERMS OF SERVICE
EControl Portal.Net may make modifications, improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Any modifications to this Agreement shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.



Copyright (c) 2004 Internet Control Services B.V.