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Date: 29-05-2008 |
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Name: Portfolio Management Corporation |
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Comments: Revamping our website |
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- ACCEPTANCE OF TERMS; Qualikom Canada Inc., dba Qualikom.com, ("Qualikom Canada Inc.") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.
- DESCRIPTION OF SERVICE; Qualikom Canada Inc. web-based services allows its users to create end and download emails, update websites, create websites, manage and maintain webhosting services and more. (herein referred to as "Qualikom Canada Inc.", or the "Service"). The Service may be used through web browsers (the "Software"). Once registered with Qualikom Canada Inc., each user receives his or her own web space to post, data, messages, or information. (the "Content"). This Content may reside on Qualikom Canada Inc.'s servers or on the servers of a third party.
- ACCOUNT STRUCTURE; Qualikom Canada Inc. currently has a three-tier account structure.
- Accounts: Qualikom Canada Inc. accounts are available for free to all valid registrants. All accounts offer a full set of features for the services they are meant for.
- Two tier means: The webhosting have; one account that giges access all all the website related services. The email server is a highly secure service and comes with its own secure access codes. The sitebuilder101 srever is a website tool that allows the client to securily login to the sitebuilder server to build and maintain a website.
- Qualikom Canada Inc. offers. These accounts are issued in accordance with the terms set forth by a given hosting plan. Hosting accounts are nontransferable and non-refundable. Once a username is chosen and paid for, that user generally retains it until the account is closed, wheather by Qualikom Canada Inc. or the user.
- Permanent accounts: These accounts have access to all the paid account features for as long as the Service continues to run, with no recurring fees. These accounts are generally bestowed upon the Qualikom Canada Inc. founders, administrators, or those that have earned a Permanent account by virtue of "Work Excellence" for Qualikom Canada Inc.. Qualikom Canada Inc. administrative communities such as news, development, etc., are also established as Permanent accounts for the benefit of Qualikom Canada Inc. users.
By using the Service, you agree to this structure, and to Qualikom Canada Inc.'s right to change, modify, or discontinue any type of account and/or its respective services.
- YOUR OBLIGATIONS; Account registration and verification is required in order to create a Qualikom Canada Inc. account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Qualikom Canada Inc., you are required to update that information as soon as possible. Should Qualikom Canada Inc. suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Qualikom Canada Inc.'s privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@qualikom.com. Users under 13 years of age are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process.
- QUALIKOM CANADA INC. PRIVACY POLICY; Your use of the Service is subject to Qualikom Canada Inc.'s privacy policy. For information on Qualikom Canada Inc.'s privacy practices, please see the entire privacy policy at http://qualikom.com/new/privacy_policy.php
- INDEMNITY; You agree to indemnify and hold Qualikom Canada Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE; Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- GENERAL PRACTICES REGARDING USE AND STORAGE; You acknowledge that Qualikom Canada Inc. may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Qualikom Canada Inc. may establish limits concerning use of the Service and may modify these limits at any time.
- MODIFICATIONS TO SERVICE; Qualikom Canada Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Qualikom Canada Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- NO RESALE OF SERVICE; You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.
- TERMINATION; You agree that Qualikom Canada Inc., in its sole discretion, may terminate your password, or Web services account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Qualikom Canada Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted journal and all its parts, at Qualikom Canada Inc.'s discretion, will be terminated as well. Qualikom Canada Inc. may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Qualikom Canada Inc. may immediately deactivate or delete your Qualikom Canada Inc. journal and all related information and files. Qualikom Canada Inc. reserves the right to bar any further access to such files or the Service. You agree that Qualikom Canada Inc. shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
- ADVERTISEMENTS AND PROMOTIONS; You understand and agree that some of the Service may include advertisements and that these advertisements are necessary for Qualikom Canada Inc. to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS/ PHP or any other means. By using the Service, you agree that Qualikom Canada Inc. has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Qualikom Canada Inc. on your Content and throughout the Service are subject to change at Qualikom Canada Inc.'s discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Qualikom Canada Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- LINKS; The Service, or relevant third parties, may provide links to other web sites or resources. Because Qualikom Canada Inc. has no control over such sites and resources, you acknowledge and agree that Qualikom Canada Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Qualikom Canada Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- WEB CONTENT; You agree to follow the following guidelines for posting Content to your online web services / accounts:
1. All Content posted to Qualikom Canada Inc. in any way, is the responsibility and property of the author. Qualikom Canada Inc. is committed to maintaining the Service in a manner reasonably acceptable to all audiences but is not responsible for the monitoring or filtering of any journal Content. Within the confines of international and local law, Qualikom Canada Inc. will generally not place a limit on the type or appropriateness of user content within journals. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the Content they have posted anywhere on the Service. Should Content be deemed illegal by such law having jurisdiction over the user, you agree that Qualikom Canada Inc. may submit all necessary information to, and cooperate with, the proper authorities;
2. Should any Content that you have authored be reported to Qualikom Canada Inc. as being offensive or inappropriate, Qualikom Canada Inc. might call upon you to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as determined by the Qualikom Canada Inc. staff. Should you fail to meet such a request from Qualikom Canada Inc. staff, Qualikom Canada Inc. may terminate your account. Qualikom Canada Inc., however, is under no obligation to restrict or monitor journal Content in any way;
3. Qualikom Canada Inc. claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the Qualikom Canada Inc. staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for Qualikom Canada Inc. to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations;
4. Qualikom Canada Inc. reserves the right, without limitation except by law, to serve any user Content on the web, through the downloadable clients and otherwise. Qualikom Canada Inc. also reserves the right, without limitation, to resell any portion of a user's Qualikom Canada Inc. back to that individual;
5. You acknowledge that Qualikom Canada Inc. does not pre-screen Content, but that Qualikom Canada Inc. and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, Qualikom Canada Inc. and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, Qualikom Canada Inc. reserves the right to limit access to your journal, if found in violation of the TOS, including without limitation the Member Conduct described below, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding Qualikom Canada Inc.'s users.
- QUALIKOM CANADA INC. PROPRIETARY RIGHTS; You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Qualikom Canada Inc. code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Qualikom Canada Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.
Submission of Unsolicited Ideas and Information; Qualikom Canada Inc. does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Qualikom Canada Inc. representative, any material, information or idea you transmit to Qualikom Canada Inc. by any means may be disseminated or used by Qualikom Canada Inc. or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
Trademarks; A partial list of U.S. trademarks owned by Qualikom Canada Inc. follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Qualikom Canada Inc. should be referred to Qualikom Canada Inc. Legal at trademarks@qualikom.com. Failure of a mark to appear on this page does not mean that Qualikom Canada Inc. does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ® are registered trademarks of Qualikom Canada Inc. in the United States; all others are trademarks or common law marks of Qualikom Canada Inc. in the United States.
- Qualikom Canada Inc.
- Qualikom Canada Inc. logo:
- MEMBER CONDUCT; You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Qualikom Canada Inc. does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Qualikom Canada Inc.'s sole discretion as to what action should be taken.
You agree to NOT use the Service to: Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Qualikom Canada Inc. staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with Qualikom Canada Inc. or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post or otherwise transmit any material that contains software viruses 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;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, Provincial, national or international law, including, but not limited to, any regulations having the force of law;
- "Stalk" or otherwise harass another person or company;
- Collect or store personal data about other users for business purposes;
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
- Use Qualikom Canada Inc. as a forwarding service to another website;
- Allow usage by others in such a way as to violate Qualikom Canada Inc.'s TOS;
- Engage in commercial activities within Qualikom Canada Inc. or on behalf of Qualikom Canada Inc. without prior approval. This includes, but is not limited to, the following activities:
- Displaying a banner that is designed to profit you or any other business or organization; and
- Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
- Employ tactics to prevent the full and complete display of advertisements on Qualikom Canada Inc. pages. These include, but are not limited to, making journal style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on a Plus account's Content or other pages within the Service.
- Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
- Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so.
- Make excessive or otherwise harmful automated use of the system.
If Qualikom Canada Inc. determines, in its sole and absolute discretion, that any user is in violation of the TOS, Qualikom Canada Inc. retains the right to terminate such user's account at any time without prior notice.
- VOLUNTEERS AND QUALIKOM.COM
Qualikom Canada Inc. appreciates the significant contributions made by volunteers, who assist Qualikom Canada Inc. in its efforts to provide high quality, community driven online services. To help achieve this goal, Qualikom Canada Inc. volunteers perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML, PHP, and other formats), graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.
By accepting these TOS, any Qualikom Canada Inc. member agrees that the intellectual Content created as a result of volunteer work for Qualikom Canada Inc. constitutes intellectual property of Qualikom Canada Inc. and that all rights in said Content shall vest in Qualikom Canada Inc. at the time that it is created, to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to Qualikom Canada Inc. at the time of creation. If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to Qualikom Canada Inc. to use said Content. If laws prevent such licensing, the volunteer agrees never to sue Qualikom Canada Inc. for the use of said Content.
The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer's knowledge, the electronic data is not claimed by another. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if said work is found to be illegally presented, claimed, or forged, Qualikom Canada Inc. may remove such material and, at Qualikom Canada Inc.'s discretion, seek action against the individual(s) from which the work originated. No Qualikom Canada Inc. user is required to become a volunteer to this Service, and users without volunteer status will receive reasonable support and attention as well. Without the expressed written confirmation to the contrary, all Qualikom Canada Inc. positions are assumed to be taken without pay or future consideration.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUALIKOM CANADA INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) QUALIKOM CANADA INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUALIKOM.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUALIKOM CANADA INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QUALIKOM CANADA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Qualikom Canada Inc. and governs your use of the Service, superseding any prior agreements between you and Qualikom Canada Inc. (including, but not limited to, any prior versions of the TOS) and any prior representations by Qualikom Canada Inc.. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and Qualikom Canada Inc.. without regard to its conflict of law provisions. You and Qualikom Canada Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A. The failure of Qualikom Canada Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
- VIOLATIONS
Instructions on how to report violations of these Terms of Service, please contact Abuse@qualikom.com, please carefully follow these instructions.
- REVISIONS
Qualikom Canada Inc. may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.
Last revision: February 9, 2007
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