Ourcommitmentto you

1. DISCLAIMER

The information contained in DataMouse.biz is presented for the purpose of educating consumers on Microsoft solutions, Office and database topics. Information obtained in DataMouse.biz is not exhaustive and does not cover all IT solutions offered in today’s marketplace. The information contained in DataMouse.biz is compiled from a variety of sources ("Information Providers"). Services, software and information accessed through DataMouse.biz (the "SERVICES") ARE provided "AS IS" without warranty, express or implied. DataMouse.biz hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties which extend beyond the description on the face OF THIS AGREEMENT. DataMouse.biz and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. DataMouse.biz and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. DataMouse.biz and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. DataMouse.biz and Information Providers do not warrant or guarantee that the functions or Services performed in DataMouse.biz will be uninterrupted or error-free or that defects in DataMouse.biz will be corrected. Users of DataMouse.biz are responsible for

(1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and

(2) maintaining a means external to DataMouse.biz for the reconstruction of any lost data.

2. OTHER SITES

You are encouraged to use discretion while browsing the Internet on searches initiated at DataMouse.biz. DataMouse.biz links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. DataMouse.biz and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalogue (indeed, given the number of results from any browsing which starts with a DataMouse.biz link that would be practically iimpossible).

3. REVIEW OF POSTINGS & UPLOADS

DataMouse.biz does not and cannot review all communications and materials posted or uploaded to DataMouse.biz and is not responsible for the content of these communications and materials. However, DataMouse.biz reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libellous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to DataMouse.biz. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

4. LIMITED LICENSE

By this Agreement, DataMouse.biz grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use DataMouse.biz in real time and to use the materials in DataMouse.biz in a manner consistent with paragraph 11 (Copyright) below.

5. USER’S AGREEMENT

You agree to: (a) maintain all equipment required for your access to and use of DataMouse.biz ; (b) maintain the security of your user identification, password and other confidential information relating to your DataMouse.biz account; and (c) be responsible for all charges resulting from use of your DataMouse.biz account, including unauthorized use prior to your notifying DataMouse.biz of such use and taking steps to prevent its further occurrence by changing your password.

6. ON-LINE COMMUNICATIONS

Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by DataMouse.biz. DataMouse.biz cannot and does not screen content provided by you to DataMouse.biz . Notwithstanding the foregoing, DataMouse.biz reserves the right to monitor content on DataMouse.biz and to remove content, which DataMouse.biz, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or DataMouse.biz’s operating policies for users of DataMouse.biz ("Users"). You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use DataMouse.biz as permitted by this Agreement, DataMouse.biz’s operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the DataMouse.biz area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). DataMouse.biz’s operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available and/or will be made available online. DataMouse.biz reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. You are responsible for your communications and your use of DataMouse.biz. You may not, under any circumstances, do any of the following:

(a) use simultaneous, unattended or continuous connections to DataMouse.biz with one account;

(b) post or transmit any message which is libellous or defamatory;

(c) post or transmit any message, data, image or program which is indecent, obscene or pornographic;

(d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;

(e) use DataMouse.biz to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(f) intercept or attempt to intercept email or other private communications not intended for you;

(g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by DataMouse.biz);

(h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others;

(i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;

(j) upload files that contain a virus or corrupted data;

(k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or DataMouse.biz;

(l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or DataMouse.biz;

(m) use DataMouse.biz in a manner that adversely affects the availability of its resources to other Users;

(n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to DataMouse.biz the User directory or any portion thereof other than for personal, non-commercial purposes (except as otherwise expressly permitted by Empower Health Corporation);

(o) falsely purport to be an employee or agent of DataMouse.biz

(p) cause repeated disruptive incidents; or

(q) act, or fail to act, in your use of DataMouse.biz, in a manner that is contrary to applicable law or regulation.

In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of DataMouse.biz to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in DataMouse.biz, nonetheless, DataMouse.biz reserves the right to take such action as it deems appropriate in cases where DataMouse.biz is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on DataMouse.biz, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

7. PRIVACY POLICY

DataMouse.biz considers its users' privacy to be of the utmost importance. Please see our Privacy Statement for a detailed description of our information gathering and dissemination practices for the DataMouse.biz Web site.

8. OPERATION

DataMouse.biz reserves complete and sole discretion. DataMouse.biz may, among other things:

(a) delete email if it has not been accessed by a User within the time established by DataMouse.biz's policies;

(b) subject to Section 6, make available to third parties information relating to DataMouse.biz and Users; and

(c) withdraw, suspend or discontinue any functionality or feature of DataMouse.biz.

DataMouse.biz may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. DataMouse.biz will not review the contents of email except as required or allowed by applicable law or legal process.

9. USER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use DataMouse.biz in accordance with this Agreement. You agree to be financially responsible for your use of DataMouse.biz (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

10. CONTENT

Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on DataMouse.biz are not authorized DataMouse.biz spokespersons, and their views do not necessarily reflect those of DataMouse.biz.

11. COPYRIGHT

The entire contents of DataMouse.biz are copyrighted as a collective work under the laws of United Kingdom and other copyright laws. DataMouse.biz holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of DataMouse.biz solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from DataMouse.biz.

Microsoft, the Office logo and application icons are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.

12. LICENSES AND IDEA SUBMISSIONS

You agree to grant to DataMouse.biz a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of DataMouse.biz (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against DataMouse.biz for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DATAMOUSE.BIZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING DATAMOUSE.BIZ USING YOUR SERVICE ACCOUNT.

14. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER DATAMOUSE.BIZ, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF DATAMOUSE.BIZ. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST DATAMOUSE.BIZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF DATAMOUSE.BIZ. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF DATAMOUSE.BIZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF DATAMOUSE.BIZ ARE HEREBY EXCLUDED EVEN IF DATAMOUSE.BIZ ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. THIRD PARTY RIGHTS

The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit DataMouse.biz and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. TERMINATION

Either you or DataMouse.biz may terminate your right to use DataMouse.biz at any time, with or without cause, upon notice. DataMouse.biz also reserves the right to terminate or suspend your DataMouse.biz membership without prior notice, but DataMouse.biz will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.

17. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. You agree that any legal action or proceeding between DataMouse.biz and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of law. Any cause of action or claim you may have with respect to DataMouse.biz must be commenced within one (1) year after the claim or cause of action arises. DataMouse.biz’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DataMouse.biz may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. NOTICE

DataMouse.biz may deliver notice to you under this Agreement by means of electronic mail, a general notice on DataMouse.biz , or by written communication delivered by first class mail to your address on record in DataMouse.biz’s account information. You may give notice to DataMouse.biz at any time via electronic mail to DataMouse.biz to the following address: Info@DataMouse.biz

 

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