YOUR USE OF SIDOMAC IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
1. DESCRIPTION OF SERVICES; STATEMENT OF INTENDED USE
The Services include an online suite of applications including, but not limited to, a bookkeeping and accounting software, group communication tools, document manager, work reports, and quality tools. Together, these Services are referred to herein as a Site or SIDOMAC. By registering, the individual or the organization identified as the Subscribing Organization in the Site registration process will be assigned an Account, and its representatives who have completed a member registration form will be Members. The Services, all information, products and services contained or described in the Services or any Linked Sites, and the Account may be accessed and used solely by the Subscribing Organization to which such Account is assigned and its Members, solely for purposes of establishing and maintaining an online application for internal use. Suitesonline.com may at any time terminate the Services or any feature of the Services, or the Subscribing Organizations or its Members access to the Services as provided in Sections 4 and 5 hereof. All changes to the Services will be subject to these Terms.
2. REGISTRATION; BILLING INFORMATION; SITE ADMINISTRATOR
To establish a Suitesonline.com hosted Account or SIDOMAC, the Subscribing Organization must complete the Site registration process. To become a Member, an individual must be specifically identified to the Subscribing Organization, obtain its specific permission to access the same, and complete the Member registration form. The Subscribing Organization and its Members must provide accurate and complete information upon Site registration (the Registration Information), as well as accurate and complete billing contact information on the billing form (Billing Information), and promptly update the Registration and Billing Information so that it is always accurate and complete. The person who completes the Site registration is the initial Billing Contact for the Site, and exercises certain options to initially determine the level of privacy and security for the Site. For example, s/he will determine who can be a Member of the Site and the level of privileges that Members will possess. Each Billing Contact may designate other Members as additional and/or successor Billing Contact, and is responsible for confirming that such person(s) accept such responsibility. Upon becoming a billing contact, each person will be deemed to agree to the obligations of a Billing Contact hereunder. All notices from Suitesonline.com to the Subscribing Organization will be given to the current Billing Contact(s) at the e-mail address(es) appearing on the Site. In addition, all notices and information sent by Suitesonline.com to Members will be sent to their individual addresses. In its sole discretion, Suitesonline.com will determine the timing, nature, and content of all communications with Billing Contacts, and Members.
3. REGISTRATION CODE; PASSWORD; SECURITY
Upon registration, the Subscribing Organization will select an Account Name and Members will each select a username and password, and the Subscribing Organization will be assigned a Company ID. Suitesonline.com will use reasonable efforts to assign to the Subscribing Organization the Account Name that it selects.
The Subscribing Organization will notify Suitesonline.com immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security. Suitesonline.com will not be liable for any failure by the Subscribing Organization or its Members to comply with this Section 3 or any other provision of these Terms. In the event that a dispute arises over the rightful control of any Site, Suitesonline.com will have no obligation to any party to continue to grant access to the Site except under an order from a court of competent jurisdiction.
Suitesonline.com, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, registration code, any password, Site Name, registration, any part or all of the Site, and/or the Subscribing Organizations and/or its Members access to and use of any part or all of their personally identifiable information (collectively, Personal Information), Registration Information, Site Information, the Services and/or the Site, and/or their rights under these Terms (all of the foregoing rights and actions to Terminate or a Termination), all at any time, including without limitation if (a) Suitesonline.com believes that the Subscribing Organization or a Member has violated or is threatening to violate these Terms or other policy of Suitesonline.com, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) Suitesonline.com believes that the Subscribing Organization or any of its Members has accessed or is to attempting to access any part of the Services or Content, or the Site, or Registration Site or Personal Information of any other Subscribing Organization or Member, (c) the Subscribing Organization assigns its rights to the Site or the Site Name, (d) Suitesonline.com discontinues the Services or any part thereof for any reason, (e) the subscribing Organization or a Member makes excessive use of bandwidth, or transmits excessive numbers of documents or other transmissions inconsistent with the number of members registered and using the Service in the sole discretion of Suitesonline.com. Suitesonline.com reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. Suitesonline.com will not, however, provide any such information to any third party unless required by law or court order.
A Termination described in Section 4(a), (b), (c), or (d) may be made with or without notice and will be effective immediately. In the event of Termination, Suitesonline.com may remove and/or permanently delete from its servers all of the Subscribing Organizations and its Members Site Information, Registration Information and Personal Information and/or all backup copies thereof, without further notice and without any liability of Suitesonline.com to the Subscribing Organization, its Members or any third party. Notwithstanding anything in these Terms to the contrary, if Suitesonline.com reasonably believes that the Subscribing Organization or any of its Members has violated or is threatening to violate applicable law or the provisions of Section 4(b) or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, Suitesonline.com may, without any notice, refer the Subscribing Organization and/or its Members to appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Site Information, Registration Information and/or Personal Information as otherwise provided herein. If a Subscribing Organization or its Members are the subject of a Termination described in this Section 4, they may not re-register for or continue to use the Services in any manner or for any reason. If the Subscribing Organization wishes to terminate its Site and use of the Services, it must notify Suitesonline.com by sending an email to: help@Suitesonline.com.com. For information on this procedure, see our Privacy Statement at http://accounting.Suitesonline.com.com/privacy.html. The provisions of Sections 6, 10, 13, 14, 15 and 16 will survive any Termination under Section 4 or 5 and any discontinuance.
5. ACCESS TO SERVICES; SUPPORT; THIRD PARTY PROVIDERS; RIGHTS
To use the Services, the Subscribing Organization and its Members must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Subscribing Organization and its Members may access the Services and the Site only by means of the interface provided by Suitesonline.com. Although the Services and Site are generally accessible worldwide, access may not be available to all persons or in all locations. Suitesonline.com reserves the right to limit access to the Site or the Services by any Subscribing Organization, Member, or person, or from any location. The Services contain links to other World Wide Web sites of Suitesonline.coms partners, affiliates, and providers of content or services to Suitesonline.com in delivering the Services or to its Subscribing Organizations as part of the Services (collectively, Third Party Providers) and to other resources and sites (all such sites collectively, Linked Sites). Such links are provided for the convenience of the Subscribing Organization and its Members only, and are not reviewed, monitored or controlled by Suitesonline.com. Suitesonline.com does not endorse, is not responsible for and makes no representation or warranty concerning the reliability or availability of these Linked Sites or Third Party Providers or the accuracy, reliability, completeness or authenticity of their contents, advertising or products, and is not responsible for web casting or any transmission received from any Linked Site. Use of Linked Sites is subject to the privacy policies, terms of service and other conditions applicable to such Sites. Any concerns regarding any Linked Site or its content, products or services should be directed to the administrator or webmaster of such Linked Site.
All fees are payable in US dollars unless invoiced or charged by Suitesonline.com in another currency, in which case the fees must be paid in the currency invoiced. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (Subscribing Organization). Merchant fees charged by Credit Card Companies and by Google Checkout assessed to Suitesonline.com, will be absorbed by Suitesonline.com and are expressly not the responsibility of the remitting party (Subscribing Organization).
During completion of the site subscription, one person is designated as the responsible contact for purposes of billing and payment of fees (the Billing Contact). The Billing Contact is not personally liable for the site fees, nor are individual site members. The obligation to pay fees rests with the Subscribing Organization. The Billing Contact may, however elect to furnish a personal credit card for the purpose of paying site fees in which case the furnishing of such information is considered his/her authorization for Suitesonline.com to use the card for any and payments related to the site. The Services are provided on a subscription basis. Subscribing Organizations and its Members agree that should subscription charges not be paid in a timely manner, Suitesonline.com may, in its sole discretion, discontinue service until such time as the payments are brought current. Subscribing Organizations and its Members further agree that should payment for the Services be made to a third party in connection with its offering of our service, and said third party fails to make payments to Suitesonline.com, Suitesonline.com may, in its sole discretion, discontinue service until such time as the payments are brought current.
The Monthly Subscription Fees are charged in accordance with Suitesonline.coms published prices at the time of initial subscription to the service.
Sites and Members are not charged for the calendar month in which the site is created. Billing will begin starting with the first day of the calendar month after the creation of the site. Fees will be assessed based upon Site Membership as of the billing date, generally the first calendar day of each month. Cancellation may be made at any time by Billing Contact person through an e-mail instruction from a Billing Contact persons e-mail account as contained on the Site. Cancellation requests must be addressed to billing@Suitesonline.com.com. Any cancellation will take effect, for billing purposes, as of the last day of the calendar month in which the cancellation request is received by Suitesonline.com. Upon receipt of a valid cancellation request, Suitesonline.com may deactivate the Site at any time. Unless and until a cancellation request is received by Suitesonline.com, the Subscriber agrees that Suitesonline.com may automatically invoice or charge the credit card on file for the full amount of each succeeding months subscription, or in the case of an annual subscription, for each succeeding year.
Suitesonline.com reserves the right to increase the fees it charges for access by the Subscribing Organization and its Members to the Site, provided, however, that Suitesonline.com will provide no less than thirty (30) days advance notice to existing Subscribers of its intention to do so.
Fees for other services, including but not limited to extra disk storage, and SSL security are also charged in accordance with the prices in effect at the time of purchase, or renewal.
7. THIRD PARTY (PARTNER) SITES
8. STORAGE AND FILE DOWNLOAD/BANDWIDTH LIMITATIONS
Storage space for the Subscribing Organization is currently provided in accordance with the Suitesonline.com price list in effect from time to time, and it may be impossible to store some data or information at the Site due to space constraints. The Subscribing Organization agrees that Suitesonline.com is not responsible or liable for any insufficient storage capacity or the deletion or failure to store data or information. Suitesonline.com reserves the right to limit the file download and/or bandwidth capacity of any or all sites, in its sole discretion, if it deems such limitation to be in the best interests of the operating performance across all sites. In addition, Suitesonline.com reserves the right on a daily basis to limit the number of documents transmitted from its servers for any individual site or group of related sites, in its sole discretion.
Suitesonline.com respects the privacy of its Subscribing Organizations and Members. Please read our Privacy Statement at http://accounting.Suitesonline.com.com/privacy.html, which forms part of these Terms.
10. SUBSCRIBING ORGANIZATIONS AND MEMBERS RESPONSIBILITIES; MATURE AUDIENCE SITE DESIGNATION
All Site Information, Registration Information, Personal Information and other information stored, publicly posted or privately transmitted through the Services by the Subscribing Organization or its Members, the confidentiality and privacy of all of the same and of the Site, and all uses of the Services and the Site by the Subscribing Organization and its Members are their sole responsibility. Without limitation, the Subscribing Organization and its Billing Contact(s) are responsible for monitoring the contents, use of and access to the Site and all such Information, and use of and access thereto by Members who are minors. Without limitation, the Subscribing Organization agrees that it and its Members will use the Services and the Site only in accordance with these Terms, and will not use them to:
a. upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any Site Information, Content or other information (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, objectionable or libelous, or promotes such activity; (ii) that (or the transmission, distribution, publication or dissemination of which) infringes any patent, trademark, trade secret, copyright, or other rights or proprietary rights of any party, violates any contractual or fiduciary relationships (such as inside, proprietary or confidential information); (iii) that is harmful to minors; or (iv) that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any copy-protect devices, any other harmful or disruptive program, or any warez, cracks, hacks, associated utilities or other piracy related information;
b. provide inaccurate, incomplete, outdated or misleading Registration Information or e-mail addresses, create a false identity or manipulate identifiers to mislead or to disguise the origin of any information stored on the Site or transmitted through the Services, or impersonate or otherwise misrepresent any affiliation with any person or entity;
c. modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new or derivative works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Services, Site Name, or any Content, or any products or other services (including software) obtained there from, or permit access to the same by any unauthorized person or entity;
d. interfere with or disrupt any links or click-through URLs provided through the Services, or servers or networks connected to the Services, or violate the regulations, policies or procedures of such servers or networks, or interfere with another Subscribing Organizations or Members use and enjoyment of the Services;
e. attempt to gain unauthorized access to the Services, Content, other Sites, Registration Information, Site Information or Personal Information, or other computer systems, servers or networks connected to the Services; or
f. violate (intentionally or unintentionally ) any applicable local, state, national or international law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any securities exchange of any jurisdiction, laws regarding the transmission through the Services of technical data or software exported from the United States and/or the country(ies) in which the Subscribing Organizations and/or its Members reside, and laws and regulations regarding online conduct and acceptable content of the Subscribing Organizations and its Members transmissions, Site and Site Information.
11. ANTI-SPAM POLICY
Suitesonline.com regularly backs up Site Information stored on the Site, and stores the same for a limited time. Subject to the limitations set forth in Sections 4 and 5 hereof, upon the Subscribing Organizations request and payment of the then-current fee, we will make reasonable efforts to restore Site Information. Suitesonline.com will have no liability for any failure to back up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.
13. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
WARRANTY DISCLAIMER. YOU UNDERSTAND AND AGREE THAT THE SERVICES, AND ANY ASSOCIATED SOFTWARE, ARE PROVIDED AS IS AND AS AVAILABLE. SUITESONLINE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SUITESONLINE.COM MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, THE SITE, OR THAT THE SERVICES WILL MEET ANY SUBSCRIBING ORGANIZATION OR MEMBER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND THE SITE ARE AT THE SUBSCRIBING ORGANIZATIONS AND/OR MEMBERS SOLE RISK. THE SUBSCRIBING ORGANIZATION AND ITS MEMBERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SUBSCRIBING ORGANIZATION, THE MEMBER, THE SITE, AND ANY LINKED SITES RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to either the Subscribing Organization or the Member. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUITESONLINE.COM.COM, INC., ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, SPONSORS, PARTNERS, SUPPLIERS OR AFFILIATES 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, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, THE SITE, OR ASSOCIATED SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SUITESONLINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SUITESONLINE.COMS MAXIMUM CUMULATIVE LIABILITY AND THE SUBSCRIBING ORGANIZATIONS AND ITS MEMBERS EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE SUBSCRIBING ORGANIZATION FOR THE SUBSCRIPTION SERVICES (EXCLUDING ANY PER USE OR PROFESSIONAL SERVICE FEES) IN THE PREVIOUS 12 MONTHS EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to either the Subscribing Organization or its Members.
The Subscribing Organization and its Members agree, to the extent allowed under federal law, to indemnify and hold Suitesonline.com.com, Inc., or its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys fees, arising directly or indirectly out of (a) the Subscribing Organizations or its Members use of or connection to the Services, this Website, the Site, or the Materials, (b) Site Information or other information transmitted or stored by the Subscribing Organization or its Members through or on the Site or the Services, (c) activities in connection therewith, or (d) the Subscribing Organizations or its Members breach of this Agreement or violation of the rights of any other party.
15. PROPRIETARY RIGHTS
The Services, this Website, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Subscribing Organization or its Members through the Services by Suitesonline.com or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of Suitesonline.com, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to Suitesonline.com through this Website, in writing, by e-mail or otherwise to Suitesonline.com will be the property of Suitesonline.com and Suitesonline.com will have all rights therein without any obligation to compensate the Subscribing Organization or its Members. All Site Information will remain the sole property of the Subscribing Organization, its Members or any party with rights therein. Any rights not expressly granted herein are reserved.
All materials published by Suitesonline.com and its Third Party Providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any Linked Sites (collectively, the Content) are the property of or controlled by Suitesonline.com or the party credited as the provider of the Content.
The Subscribing Organization and its Members will respect all proprietary rights of Suitesonline.com and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained there from.
a. Assignment. Neither party may assign or delegate their respective obligations under this Agreement either in whole or in part, without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign their rights and obligations under this Agreement as the result of a merger, consolidation, acquisition or the sale of all or substantially all of the assets of the assigning party and Suitesonline.com may assign its rights and delegate its obligations in whole or in part to an affiliate, provided that either party may terminate this agreement upon 10 days notice, if the assignee can be reasonably considered a competitor of the non-assigning party.
b. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, Canada expressly excluding principles of conflicts of laws, choice of laws and the United Nations Convention on Contracts for the International Sale of Goods and any implementing legislation worldwide. The parties attorn to the jurisdiction of the courts of Ontario and waive trial by jury
c. Interpretation and Conflicting Terms. style=font-size: 10.0pt;font-family:Arial> This Agreement will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Suitesonline.com shall not be bound by terms additional to or different from those in this Agreement that appear in Your acknowledgements, purchase orders, quotations, prior understandings, or in any other communications between the parties, unless such terms are expressly agreed to by amendment to this Agreement, and are executed by both You and Suitesonline.com.
d. Force Majeure. Except for Your obligation to pay for the Services rendered, neither party will be responsible for failure of performance due to causes beyond its control. Such causes include (without limitation) accidents, acts of God, labor disputes, actions of any government agency, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion thereof.
e. Waivers. The waiver of any one breach, default or right granted under this Agreement will not constitute the waiver of any subsequent breach, default or right granted. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect.
f. Use of the Services. style=font-size:10.0pt;font-family: Arial> You may use the Services only for a business of which You are an active service provider, and as permitted under the terms and conditions of this Agreement or other written agreements between You and Suitesonline.com. You may not resell, distribute, use on a timeshare or service bureau basis, or otherwise directly generate income from the Services. You will not modify, make derivative works of, disassemble, decompile or reverse engineer the Site, Services or any component thereof.
17. REPRESENTATIONS OF SUBSCRIBING ORGANIZATION
By registering and accepting these Terms, the initial Site Administrator on behalf of the Subscribing Organization and all its Members, and each Member on its individual behalf, hereby represents and warrants to Suitesonline.com that: a. s/he is the duly authorized Site Administrator or Member of the Subscribing Organization and has the authority and legal capacity to register and accept these Terms on behalf of the Subscribing Organization and to bind the Subscribing Organization thereto, and/or to register and accept the same on his/her own behalf and to be bound thereby; b. all Members are at least 18 years of age, or are at least thirteen (13) years of age and have parental permission to establish a Site and/or use and access the Services; c. (i) the Subscribing Organization and its Members are eligible to establish a Site and to become Members, (ii) the Subscribing Organization and its Members accept and agree to be bound by these Terms, and the Subscribing Organization will take all steps necessary to ensure that its Members so accept and are bound by the same, without limitation or qualification, and (iii) the Subscribing Organization and Members will regularly review these Terms, and in the event of any change, the Subscribing Organizations or Members failure to promptly discontinue use of the Services and Site as provided in Section 4 hereof will be deemed to indicate the agreement of the Subscribing Organization, on its own behalf and on behalf of its Members, and of its Members to accept and be bound by such changes.
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to Suitesonline.com, Inc., #321, 372 Ride au St., Ottawa, ON, Canada. email:vinkash@Suitesonline.com.com.
19. COPYRIGHT AND TRADEMARK INFORMATION
All trademarks, service marks and logos used in this Website are the property of their respective owners. All contents of this Website are the property of Suitesonline.com.com, Inc., and/or its suppliers.