ACCEPTANCE OF TERMS
IMPORTANT — READ CAREFULLY: BY CHECKING THE “I ACCEPT THE TERMS OF SERVICE” CHECKBOX OR BY UTILIZING THE EBOX CONTROL CENTER SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to eBox Control Center offered as Software as a Service (“Service”). Your use of the Service is subject to these Terms of Service. This is a legal agreement (“Agreement”) between You and eBox Technologies S.L. (“eBox Technologies”), for use of the eBox Control Center service. “You” refers to any individual who agrees to the “I accept the Terms of Service” checkbox option on the Service homepage or while registering for the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You do not agree with the terms of this Agreement, do not select the Terms of Service checkbox and do not use the Service. ebox Technologies reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement.
DESCRIPTION OF SERVICE
The Service includes, and is limited to, a web site allowing You access to and use of an eBox Control Center Account, with Support from eBox Technologies.
“eBox Control Center” is a fault-tolerant solution that allows centralized real-time monitoring and administration of multiple eBox Platform installations. It includes features such as remote, centralized and secure administration of groups of eBox installations, automatic remote configuration backup, network monitoring and customized reports.
“Support” referred to herein means technical support from eBox Technologies, available via electronic mail during eBox Technologies’ normal operating business hours.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You also understand and agree that the service may include certain communications from eBox Technologies, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by eBox Technologies for use in accessing the Service. eBox Technologies will provide the Service in accordance with this Agreement.
eBox Technologies may at its sole discretion modify the features of the Service from time to time without prior notice.
REGISTRATION
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide eBox Technologies with an electronic mail address and other information (“Registration Data”). You will choose an account designation for Your Account during the Service’s registration process. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify eBox Technologies of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session.
eBox Technologies cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. eBox Technologies assumes no duty to verify such information as further detailed in CONTENT OF THE SERVICE. If You provide any information that is untrue, inaccurate, not current or incomplete, or eBox Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eBox Technologies has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
If You register to use the Service on a free-trial basis, You will also have to go through the registration process.
BILLING/PAYMENT TERMS
For the first 15 calendar days after You register (the “Trial Period”), eBox Technologies will provide You the Service without charge, for up to 10 eBox Platform servers registered. Credit cards, Paypal or wire transfers are the only payment mechanisms eBox Technologies will accept for payment of a monthly or yearly subscription fee (“Subscription Fee”) for the Service.
Upon the expiration of Your Trial Period,eBox Technologies will end customer access to the Service unless eBox Technologies has received credit card payment information and been able to use it for the first payment of the Subscription Fee (see “Termination, Breach, Suspension and Cancellation” below).
Upon the expiration of Your Trial Period we will request Your payment data to add to Your Registration Data. Your credit card will be charged on the next first “Business Day” of the subsequent Month (the first calendar day of each month that is not a Saturday, Sunday or holiday) for your use of the Service from registration until the charge date. If You sign up for Your Account on a day other than the first day of a Month, or if You terminate the Service in the middle of a Month, the Monthly Fee for that Month of service will be equal to the payment
required for the entire month, regardless of if you used the Service for that month or not. As long as Your Account remains active and in good standing, You will be charged the Monthly Fee even if You never use the service. You may, however, cancel Your Account at any time.
You will be automatically and immediately billed on the first Business Day of each Month. eBox Technologies may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via Your Account website and/ or electronic mail. You agree that in the event eBox Technologies is unable to collect the fees owed to eBox Technologies for Your Account through Your Subscription Fee, eBox Technologies may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by eBox Technologies in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
eBox Technologies will provide Support, including any upgrades that eBox Technologies releases for the Service, for Your Account at no additional cost.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
If Subscription Fee payment is overdue, or if Your Trial Period has expired, eBox Technologies may disable Your access and Your Users’ access to Your Account. eBox Technologies may also, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any data or other Content contained in Your Account .
If You terminate Your Account, via means provided for cancellation on the eBox Technologies website or in Your Account, or via telephone call or electronic mail to eBox Technologies, and You request that eBox Technologies delete Content and data contained in Your Account, eBox Technologies will make all reasonable efforts to do so.
REFUND TERMS
eBox Technologies provides means for Account cancellation on the eBox Technologies website via Your Account. Under no circumstances will eBox Technologies be responsible for a refund of the Service. eBox Technologies, at its sole discretion, may consider refunds for the Subscription Fee based on the availability of Your Service.
OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for all activities that occur under the account and any other actions taken in connection with the eBox Control Center Account, including those of Your Users. You agree to immediately notify eBox Technologies of any unauthorized uses of the Account or any other breaches of security.
eBox Technologies cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will eBox Technologies be liable, in any way, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
INTERNATIONAL USE
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside.
NO RESALE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by eBox Technologies.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) all of the information provided by You to eBox Technologies to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder.
MODIFICATIONS TO SERVICE
eBox Technologies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that eBox Technologies shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
LIMITATION OF LIABILITY
In no event will eBox Technologies be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if eBox Technologies has been advised of the possibility of such damages. In any case, eBox Technologies’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous one (1) month.
ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. eBox Technologies may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of eBox Technologies upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on eBox Technologies, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to eBox Technologies under this Agreement must be sent to the following electronic mail address for such purpose:
info@ebox-technologies.com
or the following physical address:
eBox Technologies
c/María de Luna 11
50018 Zaragoza, Spain
Last Revision: January 12, 2010