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AGREEMENT
BETWEEN YOU AND DATABASE SOLUTONS LTD.
The Agent Intelligence web Sites
are offered to you conditioned on your acceptance
without modification of the terms, conditions, and
notices contained herein. Your use of the Agent
Intelligence Web Sites constitutes your agreement
to all such terms, conditions, and notices. Your
use of a particular Agent Intelligence Web Site
included within the Agent Intelligence Web Sites
may also be subject to additional terms.
The Agent Intelligence service is offered in several
editions:
- Professional Edition
- Standard Edition
- 1and1 Plus
- 1and1
- Free Broker Edition
1. Privacy & Security
1A. Security of your Personal Information
Online Database Solutions Inc. is committed to protecting
the security of your personal information. We use
a variety of security technologies and procedures
to help protect your personal information from unauthorized
access, use, or disclosure
1B. Use of your Personal Information
Online Database Solutions Inc. collect and use your
personal information to operate Agent Intelligence
and deliver the services you have subscribed to.
Database Solutions Ltd. may also use your personal
information to inform you of other products or service
upgrades with respect to Agent Intelligence.
Database Solutions Ltd. does not sell, rent or lease
its customer lists to third parties. Database Solutions
Ltd. may, from time to time, contact you on behalf
of external business partners about a particular
offering that may be of interest to you. In those
cases, your personal information (e-mail, name,
address, telephone number) is not transferred to
the third party.
We occasionally hire other companies to provide
limited services on our behalf, such as handling
the processing and delivery of mailings, providing
customer support, processing transactions, or performing
statistical analysis of our services. We will only
provide those companies the personal information
they need to deliver the service. They are required
to maintain the confidentiality of your information
and are prohibited from using that information for
any other purpose.
Database Solutions Ltd. does not use or disclose
sensitive personal information, such as race, religion,
or political affiliations, without your explicit
consent.
Database Solutions Ltd. may access and/or disclose
your personal information if required to do so by
law or in the good faith belief that such action
is necessary to: (a) conform to the edicts of the
law or comply with legal process served on Database
Solutions Ltd. or the site; (b) protect and defend
the rights or property of Online Database Solutions
Inc, including its entire family of Web sites; or
(c) act under exigent circumstances to protect the
personal safety of users of Online Database Solutions
Inc, its web sites, or the public.
2. License Grant & Restrictions
Database Solutions Ltd. hereby grants you a non-exclusive,
non-transferable, worldwide right to use the Service,
solely for your own internal business purposes,
subject to the terms and conditions of this Agreement.
All rights not expressly granted to you are reserved
by Database Solutions Ltd. and its licensors.
You shall not (i) license, sublicense,
sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third
party the Service or the Content in any way; (ii)
modify or make derivative works based upon the Service
or the Content; (iii) create Internet "links"
to the Service or "frame" or "mirror"
any Content on any other server or wireless or Internet-based
device; or (iv) reverse engineer or access the Service
in order to (a) build a competitive product or service,
(b) build a product using similar ideas, features,
functions or graphics of the Service, or (c) copy
any ideas, features, functions or graphics of the
Service. User licenses cannot be shared or used
by more than one individual User but may be reassigned
from time to time to new Users who are replacing
former Users who have terminated employment or otherwise
changed job status or function and no longer use
the Service.
3. Your Responsibilities
If a particular Agent Intelligence Web Site, or
any product or service offered on any Database Solutions
Ltd. Web Site requires you to open an account, you
must complete the registration process by providing
us with current, complete and accurate information
as prompted by the applicable registration form.
You then will choose a password and a user name.
You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities
that occur under your account. You agree to notify
Online Database Solutions Inc. immediately of any
unauthorized use of your account or any other breach
of security. Online Database Solutions Inc. will
not be liable for any loss that you may incur as
a result of someone else using your password or
account, either with or without your knowledge.
However, you could be held liable for losses incurred
by Online Database Solutions Inc. or another party
due to someone else using your account or password.
You may not use anyone else’s account at any
time.
4. Account Information and Data
Database Solutions Ltd. does not own any data, information
or material that you submit to the Service in the
course of using the Service ("Customer Data").
You, not Database Solutions Ltd., shall have sole
responsibility for the accuracy, quality, integrity,
legality, reliability, appropriateness, and intellectual
property ownership or right to use of all Customer
Data, and Database Solutions Ltd. shall not be responsible
or liable for the deletion, correction, destruction,
damage, loss or failure to store any Customer Data.
In the event this Agreement is terminated (other
than by reason of your breach), Database Solutions
Ltd. will make available to you a file of the Customer
Data within 30 days of termination if you so request
at the time of termination. Database Solutions Ltd.
reserves the right to withhold, remove and/or discard
Customer Data without notice for any breach, including,
without limitation, your non-payment. Upon termination
for cause, your right to access or use Customer
Data immediately ceases, and Database Solutions
Ltd. shall have no obligation to maintain or forward
any Customer Data.
5. Intellectual Property Ownership
Database Solutions Ltd. alone shall own all interest,
right and title, including all related Intellectual
Property Rights, in and to the Agent Intelligence,
the Content and the Service and any suggestions,
ideas, enhancement requests, feedback, recommendations
or other information provided by you or any other
party relating to the Service. This Agreement is
not a sale and does not convey to you any rights
of ownership in or related to the Service, Agent
Intelligence or the Intellectual Property Rights
owned by Database Solutions Ltd.. The Database Solutions
Ltd. name, the Database Solutions Ltd. logo, and
the product names associated with the Service are
trademarks of Database Solutions Ltd and no right
or license is granted to use them.
6. Third Party Interactions
During use of the Service, you may enter into correspondence
with, purchase goods and/or services from, or participate
in promotions of advertisers or sponsors showing
their goods and/or services through the Service.
Any such activity, and any terms, conditions, warranties
or representations associated with such activity,
is solely between you and the applicable third-party.
Database Solutions Ltd. and its licensors shall
have no liability, obligation or responsibility
for any such correspondence, purchase or promotion
between you and any such third-party. Database Solutions
Ltd. does not endorse any sites on the Internet
that are linked through the Service. Database Solutions
Ltd. provides these links to you only as a matter
of convenience, and in no event shall Database Solutions
Ltd. or its licensors be responsible for any content,
products, or other materials on or available from
such sites. Database Solutions Ltd. provides the
Service to you pursuant to the terms and conditions
of this Agreement. You recognize, however, that
certain third-party providers of ancillary software,
hardware or services may require your agreement
to additional or different license or other terms
prior to your use of or access to such software,
hardware or services.
7. Charges and Payment of Fees
You shall pay all fees or charges to your account
in accordance with the fees, charges, and billing
terms in effect at the time a fee or charge is due
and payable. The initial charges will be equal to
the current number of total User licenses requested
times the User license fee currently in effect.
Payments may be made annually, and monthly consistent
with the Initial Term, at your election. You are
responsible for paying for all User licenses ordered
for the entire License Term, whether or not such
User licenses are actively used. You must provide
Database Solutions Ltd. with valid credit card or
approved purchase order information as a condition
to signing up for the Service. Database Solutions
Ltd. reserves the right to modify its fees and charges
and to introduce new charges at any time, upon at
least 30 days prior notice to you, which notice
may be provided by e-mail.
8. Excess Data Storage Fees
The maximum disk storage space provided to you at
no additional charge is (i) 2 MB per User license
for Broker Edition, (ii) 10 MB per 4-User license
for Collaborative Edition, (iii) 15 MB per Standard
Edition User license, (iv) 20 MB per Professional
Edition User license. If the amount of disk storage
required exceeds these limits, you will be charged
the then-current storage fees. Database Solutions
Ltd. will use reasonable efforts to notify you when
the average storage used per license reaches approximately
90% of the maximum; however, any failure by Database
Solutions Ltd. to so notify you shall not affect
your responsibility for such additional storage
charges. Database Solutions Ltd. reserves the right
to establish or modify its general practices and
limits relating to storage of Customer Data.
9. Billing and Renewal
Database Solutions Ltd. charges and collects in
advance for use of the Service. Database Solutions
Ltd. will automatically renew and bill your credit
card or issue an invoice to you (a) every month
for monthly licenses, (b) each year on the subsequent
anniversary for annual licenses. The renewal charge
will be equal to the then-current number of total
User licenses times the then-current license fee
in effect at the time of renewal. Fees for other
services will be charged on an as-quoted basis.
Database Solutions Ltd.'s fees are exclusive of
all taxes, levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of all
such taxes, levies, or duties.
You agree to provide Database Solutions
Ltd. with complete and accurate billing and contact
information. This information includes your legal
company name, street address, e-mail address, and
name and telephone number of an authorized billing
contact and License Administrator. You agree to
update this information within 30 days of any change
to it. If the contact information you have provided
is false or fraudulent, Database Solutions Ltd.
reserves the right to terminate your access to the
Service in addition to any other legal remedies.
Unless Database Solutions Ltd. in its discretion
determines otherwise: (i) entities with headquarters
and a majority of users resident in the United States
will be billed in U.S. dollars and subject to U.S.
payment terms and pricing schemes ("U.S. Customers");
(ii) entities with headquarters and a majority of
users resident in Canada will be billed in Canadian
Dollars and subject to Canadian payment terms and
pricing schemes ("Canadian Customers");
and (iii) all other entities will be billed in U.S.
dollars and be subject to either U.S. or non-U.S.
payment terms and pricing schemes at the discretion
of Database Solutions Ltd.
If you believe your bill is incorrect,
you must contact us in writing within 60 days of
the invoice date of the invoice containing the amount
in question to be eligible to receive an adjustment
or credit.
10. Non-Payment and Suspension
In addition to any other rights granted to Database
Solutions Ltd. herein, Database Solutions Ltd. reserves
the right to suspend or terminate this Agreement
and your access to the Service if your account becomes
delinquent (falls into arrears). Delinquent invoices
(accounts in arrears) are subject to interest of
1.5% per month on any outstanding balance, or the
maximum permitted by law, whichever is less, plus
all expenses of collection. You will continue to
be charged for User licenses during any period of
suspension. If you or Database Solutions Ltd. initiates
termination of this Agreement, you will be obligated
to pay the balance due on your account computed
in accordance with the Charges and Payment of Fees
section above. You agree that Database Solutions
Ltd. may charge such unpaid fees to your credit
card or otherwise bill you for such unpaid fees.
Database Solutions Ltd. reserves
the right to impose a reconnection fee in the event
you are suspended and thereafter request access
to the Service. You agree and acknowledge that Database
Solutions Ltd. has no obligation to retain Customer
Data and that such Customer Data may be irretrievably
deleted if your account is 30 days or more delinquent.
11. Termination upon Expiration
of Licenses
This Agreement commences on the Effective Date.
For Broker Edition licenses and Collaborative Edition
licenses, the term is indefinite and may be terminated
at any time in Database Solutions Ltd.'s sole discretion.
For Professional and Standard Edition licenses,
the Initial Term will be one month or one year as
determined by your election during the online subscription
process, commencing on the date you agree to pay
for the Service by completing the online subscription
form or otherwise. Upon the expiration of the Initial
Term, this Agreement will automatically renew for
successive renewal terms equal in duration to the
Initial Term at Database Solutions Ltd.'s then current
fees. Either party may terminate this Agreement,
effective only upon the expiration of the then current
License Term, by notifying the other party in writing
at least five (5) business days prior to the date
of the invoice for the following term. In the case
of free trials, notifications provided through the
Service indicating the remaining number of days
in the free trial shall constitute notice of termination.
In the event this Agreement is terminated (other
than by reason of your breach), Database Solutions
Ltd. will make available to you a file of the Customer
Data within 30 days of termination if you so requested
in writing at the time of termination. You agree
and acknowledge that Database Solutions Ltd. has
no obligation to retain the Customer Data, and may
delete such Customer Data, more than 30 days after
termination.
12. Termination for Cause
Any breach of your payment obligations or unauthorized
use of the Agent Intelligence or Service will be
deemed a material breach of this Agreement. Database
Solutions Ltd., in its sole discretion, may terminate
your password, account or use of the Service if
you breach or otherwise fail to comply with this
Agreement. In addition, Database Solutions Ltd.
may terminate a free account at any time in its
sole discretion. You agree and acknowledge that
Database Solutions Ltd. has no obligation to retain
the Customer Data, and may delete such Customer
Data, if you have materially breached this Agreement,
including but not limited to failure to pay outstanding
fees, and such breach has not been cured within
30 days of notice of such breach.
13. Representations & Warranties
Each party represents and warrants that it has the
legal power and authority to enter into this Agreement.
Database Solutions Ltd. represents and warrants
that it will provide the Service in a manner consistent
with general industry standards reasonably applicable
to the provision thereof and that the Service will
perform substantially in accordance with the online
Database Solutions Ltd. help documentation under
normal use and circumstances. You represent and
warrant that you have not falsely identified yourself
nor provided any false information to gain access
to the Service and that your billing information
is correct.
14. Mutual Indemnification
You shall indemnify and hold Database Solutions
Ltd., its licensors and each such party's parent
organizations, subsidiaries, affiliates, officers,
directors, employees, attorneys and agents harmless
from and against any and all claims, costs, damages,
losses, liabilities and expenses (including attorneys'
fees and costs) arising out of or in connection
with: (i) a claim alleging that use of the Customer
Data infringes the rights of, or has caused harm
to, a third party; (ii) a claim, which if true,
would constitute a violation by you of your representations
and warranties; or (iii) a claim arising from the
breach by you or your Users of this Agreement, provided
in any such case that Database Solutions Ltd. (a)
gives written notice of the claim promptly to you;
(b) gives you sole control of the defense and settlement
of the claim (provided that you may not settle or
defend any claim unless you unconditionally release
Database Solutions Ltd. of all liability and such
settlement does not affect Database Solutions Ltd.'s
business or Service); (c) provides to you all available
information and assistance; and (d) has not compromised
or settled such claim.
Database Solutions Ltd. shall indemnify
and hold you and your parent organizations, subsidiaries,
affiliates, officers, directors, employees, attorneys
and agents harmless from and against any and all
claims, costs, damages, losses, liabilities and
expenses (including attorneys' fees and costs) arising
out of or in connection with: (i) a claim alleging
that the Service directly infringes a copyright,
a U.S. patent issued as of the Effective Date, or
a trademark of a third party; (ii) a claim, which
if true, would constitute a violation by Database
Solutions Ltd. of its representations or warranties;
or (iii) a claim arising from breach of this Agreement
by Database Solutions Ltd.; provided that you (a)
promptly give written notice of the claim to Database
Solutions Ltd.; (b) give Database Solutions Ltd.
sole control of the defense and settlement of the
claim (provided that Database Solutions Ltd. may
not settle or defend any claim unless it unconditionally
releases you of all liability); (c) provide to Database
Solutions Ltd. all available information and assistance;
and (d) have not compromised or settled such claim.
Database Solutions Ltd. shall have no indemnification
obligation, and you shall indemnify Database Solutions
Ltd. pursuant to this Agreement, for claims arising
from any infringement arising from the combination
of the Service with any of your products, service,
hardware or business process(s).
15. Disclaimer of Warranties
DATABASE SOLUTIONS LTD. AND ITS LICENSORS MAKE NO
REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH,
AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE
OR ANY CONTENT. DATABASE SOLUTIONS LTD. AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE
USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED
OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY
OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE
SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F)
THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY
ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW BY DATABASE SOLUTIONS
LTD. AND ITS LICENSORS.
16. Internet Delays
DATABASE SOLUTIONS LTD.'S SERVICES MAY BE SUBJECT
TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT
IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
DATABASE SOLUTIONS LTD. IS NOT RESPONSIBLE FOR ANY
DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING
FROM SUCH PROBLEMS.
17. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY
EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM
YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN
NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS
BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS
OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO
THE USE OR INABILITY TO USE THE SERVICE, OR FOR
ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE,
ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION,
REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE
PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH
PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
18. Additional Rights
Certain states and/or jurisdictions do not allow
the exclusion of implied warranties or limitation
of liability for incidental, consequential or certain
other types of damages, so the exclusions set forth
above may not apply to you.
19. Local Laws and Export Control
Database Solutions Ltd. and its
licensors make no representation that the Service
is appropriate or available for use in other locations.
If you use the Service from outside the United States
of America and Canada, you are solely responsible
for compliance with all applicable laws, including
without limitation export and import regulations
of other countries. Any diversion of the Content
contrary to United States or European Union (including
European Union Member States) law is prohibited.
None of the Content, nor any information acquired
through the use of the Service, is or will be used
for nuclear activities, chemical or biological weapons,
or missile projects, unless specifically authorized
by the United States government or appropriate European
body for such purposes.
This site may use encryption technology
that is subject to licensing requirements under
the U.S. Export Administration Regulations, 15 C.F.R.
Parts 730-774 and Council Regulation (EC) No. 1334/2000
20. Notice
Database Solutions Ltd. may give notice by means
of a general notice on the Service, electronic mail
to your e-mail address on record in Database Solutions
Ltd.'s account information, or by written communication
sent by first class mail or pre-paid post to your
address on record in Database Solutions Ltd.'s account
information. Such notice shall be deemed to have
been given upon the expiration of 48 hours after
mailing or posting (if sent by first class mail
or pre-paid post) or 12 hours after sending (if
sent by email). You may give notice to Database
Solutions Ltd. (such notice shall be deemed given
when received by Database Solutions Ltd.) at any
time by any of the following: letter sent by confirmed
facsimile to Database Solutions Ltd. at the following
fax number: (416) 352-1544 ; letter delivered by
nationally recognized overnight delivery service
or first class postage prepaid mail to Database
Solutions Ltd. at the following address: Database
Solutions Ltd., 570 Hood Rd. Suite#18, Markham,
Ontario, Canada, L3R 4G7. Attn: Chief Financial
Officer
21. Modification to Terms
Database Solutions Ltd. reserves the right to modify
the terms and conditions of this Agreement or its
policies relating to the Service at any time, effective
upon posting of an updated version of this Agreement
on the Service. You are responsible for regularly
reviewing this Agreement. Continued use of the Service
after any such changes shall constitute your consent
to such changes.
22. Assignment
This Agreement may not be assigned by you without
the prior written approval of Database Solutions
Ltd. but may be assigned without your consent by
Database Solutions Ltd. to (i) a parent or subsidiary,
(ii) an acquirer of assets, or (iii) a successor
by merger. Any purported assignment in violation
of this section shall be void.
23. General
With respect to U.S. Customers, this Agreement shall
be governed by Nevada law and controlling United
States federal law, without regard to the choice
or conflicts of law provisions of any jurisdiction,
and any disputes, actions, claims or causes of action
arising out of or in connection with this Agreement
or the Service shall be subject to the exclusive
jurisdiction of the state and federal courts located
in Nevada, Las Vegas. No text or information set
forth on any other purchase order, preprinted form
or document (other than an Order Form, if applicable)
shall add to or vary the terms and conditions of
this Agreement. If any provision of this Agreement
is held by a court of competent jurisdiction to
be invalid or unenforceable, then such provision(s)
shall be construed, as nearly as possible, to reflect
the intentions of the invalid or unenforceable provision(s),
with all other provisions remaining in full force
and effect. No joint venture, partnership, employment,
or agency relationship exists between you and Database
Solutions Ltd. as a result of this agreement or
use of the Service. The failure of Database Solutions
Ltd. to enforce any right or provision in this Agreement
shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Database Solutions
Ltd. in writing. This Agreement, together with any
applicable Order Form, comprises the entire agreement
between you and Database Solutions Ltd. and supersedes
all prior or contemporaneous negotiations, discussions
or agreements, whether written or oral, between
the parties regarding the subject matter contained
herein.
24. Definitions
As used in this Agreement and in any Order Forms
now or hereafter associated herewith: "Agreement"
means these online terms of use, any Order Forms,
whether written or submitted online via the Online
Order Center, and any materials available on the
Database Solutions Ltd. website specifically incorporated
by reference herein, as such materials, including
the terms of this Agreement, may be updated by Database
Solutions Ltd. from time to time in its sole discretion;
"Content" means the audio and visual information,
documents, software, products and services contained
or made available to you in the course of using
the Service; "Customer Data" means any
data, information or material provided or submitted
by you to the Service in the course of using the
Service; "Effective Date" means the earlier
of either the date this Agreement is accepted by
selecting the "I Accept" option presented
on the screen after this Agreement is displayed
or the date you begin using the Service; "Initial
Term" means the initial period during which
you are obligated to pay for the Service equal to
the billing frequency selected by you during the
subscription process (e.g., if the billing frequency
is quarterly, the Initial Term is the first quarter);
"Intellectual Property Rights" means unpatented
inventions, patent applications, patents, design
rights, copyrights, trademarks, service marks, trade
names, domain name rights, mask work rights, know-how
and other trade secret rights, and all other intellectual
property rights, derivatives thereof, and forms
of protection of a similar nature anywhere in the
world; "License Administrator(s)" means
those Users designated by you who are authorized
to purchase licenses online using the Online Order
Center or by executing written Order Forms and to
create User accounts and otherwise administer your
use of the Service; "License Term(s)"
means the period(s) during which a specified number
of Users are licensed to use the Service pursuant
to the Order Form(s); "Order Form(s)"
means the form evidencing the initial subscription
for the Service and any subsequent order forms submitted
online or in written form, specifying, among other
things, the number of licenses and other services
contracted for, the applicable fees, the billing
period, and other charges as agreed to between the
parties, each such Order Form to be incorporated
into and to become a part of this Agreement (in
the event of any conflict between the terms of this
Agreement and the terms of any such Order Form,
the terms of this Agreement shall prevail); "Database
Solutions Ltd." means collectively Database
Solutions Ltd.., a Nevada corporation, having its
principal place of business at Database Solutions
Ltd., 570 Hood Rd. Suite#18, Markham, Ontario, Canada,
L3R 4G7; "Agent Intelligence" means all
of Database Solutions Ltd.'s proprietary technology
(including software, hardware, products, processes,
algorithms, user interfaces, know-how, techniques,
designs and other tangible or intangible technical
material or information) made available to you by
Database Solutions Ltd. in providing the Service;
"Service(s)" means the specific edition
of Agent Intelligence’s online customer relationship
management and agency management system identified
during the ordering process, developed, operated,
and maintained by Database Solutions Ltd., accessible
via http://www.onlinedatabasesolutions.com and/or
http://www.onlinedatabasesolutions.com or another
designated web site or IP address, or ancillary
services rendered to you by Database Solutions Ltd.,
to which you are being granted access under this
Agreement, including the Database Solutions Ltd.
Technology and the Content; "User(s)"
means your employees, representatives, consultants,
contractors or agents who are authorized to use
the Service and have been supplied user identifications
and passwords by you (or by Database Solutions Ltd.
at your request).
Additional Information:
If you have any questions regarding this agreement
you may contact Database Solutions via e-mail to
info@onlinedatabasesolutions.com
Copyright 2002 Database Solutions
Ltd.. All rights reserved.
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