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Please read this agreement carefully before accessing or using the service. By clicking the "I agree" button or using the service, you agree to be bound by the terms and conditions set forth below.
This is a legal agreement between You and Elimnet, Inc. ("Elimnet"), for use of the services which You selected on Elimnet's NOWnNOW website("Services"). "You" refers to the individual who provided Elimnet his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, click the "Cancel" button and do not use or join any meeting supported by the Services. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 1. SERVICES. The features for the Services You have selected are described on the NOWnNOW website. For a special agreement, Elimnet can set up a website for You from which You can schedule, join and start NOWnNOW meetings and will notify You of the URL for such website and the date that the Services are available ("Service Start Date"). Elimnet may at its sole discretion modify the features of the Services from time to time. 2. NAMED HOSTS AND OVERAGE FEES. 2. 1 You have elected to purchase the Services under the "Named Host" model. A Named Host is any host who may host meetings ("Meeting(s)") using the Services. Each Meeting must be hosted by a Named Host and may include no more than the selected and purchased maximum number of meeting participants, including the Named Host. 2. 2 Named Host accounts are individualized and may not be shared or used by anyone other than the one employee to whom the Named User account is assigned. The identification of Named Hosts must be unique to an individual and may not be of a generic nature. A Named Host account may not be transferred to another Subscriber employee except upon (a) termination of the Named Hosts' employment with You, or (b) in all other instances, Elimnet's prior written approval. 2.3 Elimnet may have the right, upon reasonable notice, to audit Your records to ensure Your compliance with the requirements of this Agreement. Elimnet will pay the cost of the audit unless it is found that you are misusing the services by, for example, exceeding the number of allowable Meeting participants, sharing a Named Host account among multiple employees, providing a Named Host account to a non-employee. 3. RESPONSIBILITY FOR YOUR CONTENT. You agree that You are solely responsible for the content of all visual, written or audible communications sent by You or in NOWnNOW meetings hosted by You. You agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Elimnet is not responsible for any such communications, Elimnet may delete any such communications of which Elimnet becomes aware, at any time without notice to You. 4. CHARGES. You agree that Elimnet may charge to Your credit card account ("Your Account") all amounts due and owing for the Services, including monthly subscription fees, set up fees, overage fees, or any other fee or charge associated with Your use of the Services. You also authorize Elimnet to, from time to time and at its discretion, undertake steps to determine whether the credit card information You have provided is current and accurate. Those steps may include, but are not limited to, the use of third party service providers to, among other things, automatically update Your credit card number and expiration date, address, and other applicable information. Elimnet reserves the right to, without notice or prior approval, use the updated information for all current and future transactions. The initial term of Your agreement will commence on the Service Start Date. At the conclusion of each term, the Agreement will automatically renew for an additional term unless the Agreement is terminated in accordance with Section 7. The Initial and Renewal Term of this agreement is set forth in the Offer Details. Your Account will be charged each month. Recurring monthly subscription fees are charged in advance. Fees based on overage or otherwise associated with Your actual usage will be charged in arrears. Elimnet may also change prices at any time by providing written notice to You. Such price changes will be effective at the beginning of the first term that occurs at least thirty (30) days after the date of the notice. If You do not want to continue the Services after being notified of a price change, You may terminate the Services in accordance with Section 7, below. You agree that in the event Elimnet is unable to collect the fees owed to Elimnet for the Services through Your Account, Elimnet 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 Elimnet in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Elimnet may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. 5. NO COMMERCIAL USE. Other than using the Services for conferences or meetings in which You are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between You and Elimnet, You may not resell, distribute, make any commercial use of, use on a timeshare basis or use to operate a Web-site or otherwise generate income from the Services. 6. PROPRIETARY RIGHTS. Elimnet and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Elimnet's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. 7. TERMINATION. You may terminate this Agreement effective at the end of the then-current term by providing written notice to Elimnet via e-mail to nowsupport@Elim.net at least thirty (30) days prior to the end of such term. If You fail to comply with any provision of this Agreement, Elimnet may terminate this Agreement immediately without notice. Sections 3 through 11, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control. 8. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Elimnet, its affiliates, suppliers and any other party authorized by Elimnet to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Elimnet, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief. 9. NO WARRANTIES. You understand and agree that the services are provided "AS IS" and Elimnet, its affiliates, and elimnet, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Elimnet, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services, regarding any goods or services purchased or obtained through the services, regarding any transactions entered into through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. you will be solely responsible for any damage to you resulting from the use of the services. the entire risk arising out of use or performance of the services remains with you. You agree to indemnify, defend and hold harmless Elimnet, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Elimnet, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes. 10. LIMITATION OF LIABILITY. to the maximum extent permitted by applicable law, in no event will elimnet or its affiliates, suppliers or resellers 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 services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if elimnet, its affiliates, suppliers or resellers have been advised of the possibility of such damages. in any case, elimnet's, its affiliates', suppliers' and resellers' 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 services (if any). 11. MISCELLANEOUS 11.1 Jurisdiction. This Agreement shall all be governed and construed in accordance with the laws of the republic of Korea applicable to agreements made and to be performed in the republic of Korea. You agree that any legal action or proceeding between Elimnet and You for any purpose concerning this agreement or the parties' obligations hereunder shall be brought exclusively in a court located in Seoul, Republic of Korea. 11.2 Waiver. Any cause of action or claim you may have with respect to the service must be commenced within one(1) year after the claim or cause of action arises. Elimnet's failure to enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of this agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve same economic effect of the original provision and the remainder of this agreement will remain in full force and effect. 11.3 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. Elimnet 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. All notices or other correspondence to Elimnet under this Agreement must be sent to the address provided in Section 7 above, or other address as provided by Elimnet for such purpose. Any and all rights and remedies of Elimnet 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 Elimnet, and the exercise of any one remedy will not preclude the exercise of any other.
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We respect your privacy. When using Elimnet sites, you may give us information so that we can provide enhanced products or services to you and to personalize your experience on our website. This online privacy policy describes how we use and protect Personally Identifiable Information("PII") that you share with us. The following principles govern web-sites owned and operated by Elimnet. These principles do not govern web-sites of other parties to which we may provide only links because Elimnet is not responsible, and can not control the privacy practices or content of those sites. [Information Collection and Use] Elimnet collects PII when you register for a NOWnNOW account or use the NOWnNOW products or services for the following purposes: ⊙ to deliver the products and services you or your company have ordered from Elimnet; ⊙ to maintain accounting and billing contact information and other financial records; ⊙ to customize the advertising and content you see, ⊙ to contact you regarding our services When you register with Elimnet, you give us your name, email address, physical address, telephone numbers and, in some cases credit card information when you order services on-line. Some of our customers use NOWnNOW services to provide sessions, such as web seminars, which require the participants to register prior to attending the session. When you register for one of these sessions, you may provide additional information which these hosts want to know. Elimnet may store this information on behalf of our customers as necessary to fulfill our obligations to our customers. Elimnet requires that all such customers use, hold and process such PII in accordance with applicable privacy laws. Elimnet also automatically receives and records information on our server logs from your browser including your IP address, cookie information and the page you requested. Elimnet routinely collects information that cannot be identified to a particular individual such as time-stamps and logs events (like features used, number of participants, length of meetings.) This data is used for accounting/billing purposes as well as for performance and optimization of the NOWnNOW services. [Retention and Relevance] If we change any of our privacy policies or practices, we'll post those changes to this policy statement at least 30 days before they take effect. In limited cases, we may be required to disclose certain information to comply with a legal process, such as a court order, subpoena or search warrant. [Information Sharing and Disclosure] Elimnet will not sell or rent your PII to anyone. Elimnet will send PII about you to other companies or people only when: ⊙ We have your consent to share the information; ⊙ We need to share your information to provide the product or service you have requested; ⊙ We need to send the information to companies who work on behalf of Elimnet to provide a NOWnNOW product or service or to otherwise assist Elimnet with its business activities. (Unless we tell you otherwise, these companies do not have any right to use the PII we provide to them beyond what is necessary to assist us and are required to safeguard PII and not to disclose PII to others); ⊙ We respond to subpoenas, court orders or legal process; or ⊙ We find that your actions on our Web sites violate the Elimnet Terms of Service, [PII Edits, Corrections or Erasures] You have the ability to direct Elimnet to edit, correct or erase your PII , at any time. To request such account maintenance send your email request to thsong@Elim.net. [Confidentiality] Once the meeting is over the content of the meeting is not retained by Elimnet unless the customer specifically requests that the content be recorded. Elimnet uses industry standard encryption as well as its own proprietary technology to protect PII and meeting content. Elimnet strongly recommends that all private meetings be protected by passwords. In addition, the host has full control over attendee presence and may eject unwanted participants.
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