| Information
on HostFlow Terms of Use
ACCEPTANCE OF TERMS.
The services that StarFlow Software provides to you are
subject to the following Terms of Use ("TOU").
StarFlow Software reserves the right to update the TOU at
any time without notice to you. The most current version
of the TOU can be reviewed by clicking on the "Terms
of Use" hypertext link located at the bottom of our
Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, StarFlow Software
provides you with access to a variety of resources, including
download areas, communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the TOU. PERSONAL
AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection
and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE
ON THIS WEB SITE.
Any software that is made available to download from the
Services ("Software") is the copyrighted work
of StarFlow Software and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable
to install any Software that is accompanied by or includes
a License Agreement, unless he or she first agrees to the
License Agreement terms.
The Software is made available for download
solely for use by end users according to the License Agreement.
Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT
AS WARRANTED IN THE LICENSE AGREEMENT, STARFLOW SOFTWARE
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, STARFLOW SOFTWARE
MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. STARFLOW
SOFTWARE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN STARFLOW
SOFTWARE SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEB SITE.
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in
all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services
is for informational and non-commercial or personal use
only and will not be copied or posted on any network computer
or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and
state community colleges, may download and reproduce the
Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
Documents specified above do not include
the design or layout of the StarFlow Software.com Web site
or any other StarFlow Software owned, operated, licensed
or controlled site. Elements of StarFlow Software Web sites
are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from any StarFlow
Software Web site may be copied or retransmitted unless
expressly permitted by StarFlow Software.
STARFLOW SOFTWARE AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. STARFLOW SOFTWARE
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL STARFLOW
SOFTWARE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. STARFLOW SOFTWARE AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL STARFLOW SOFTWARE AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services 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 also 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 StarFlow Software immediately of any unauthorized
use of your account or any other breach of security. StarFlow
Software 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 StarFlow Software
or another party due to someone else using your account
or password. You may not use anyone else's account at any
time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use
the Services in any manner that could damage, disable, overburden,
or impair any StarFlow Software server, or the network(s)
connected to any StarFlow Software server, or interfere
with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to
any StarFlow Software server or to any of the Services,
through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through
the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed
to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services").
You agree to use the Communication Services only to post,
send and receive messages and material that are proper and,
when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you
agree that when using the Communication Services, you will
not:
Use the Communication Services in connection
with surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic,
name, material or information.
Upload, or otherwise make available, files that contain
images, photographs, software or other material protected
by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consent
to do the same.
Use any material or information, including images or photographs,
which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed
in such manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source
of software or other material contained in a file that is
uploaded.
Restrict or inhibit any other user from using and enjoying
the Communication Services.
Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including
e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users
of the Services or other user or usage information or any
portion thereof.
StarFlow Software has no obligation to monitor the Communication
Services. However, StarFlow Software reserves the right
to review materials posted to the Communication Services
and to remove any materials in its sole discretion. StarFlow
Software reserves the right to terminate your access to
any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
StarFlow Software reserves the right at all times to disclose
any information as StarFlow Software deems necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in StarFlow
Software's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children
in any Communication Services. StarFlow Software does not
control or endorse the content, messages or information
found in any Communication Services and, therefore, StarFlow
Software specifically disclaims any liability with regard
to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers
and hosts are not authorized StarFlow Software spokespersons,
and their views do not necessarily reflect those of StarFlow
Software.
Materials uploaded to the Communication
Services may be subject to posted limitations on usage,
reproduction and/or dissemination; you are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO STARFLOW SOFTWARE
OR POSTED AT ANY STARFLOW SOFTWARE WEB SITE.
StarFlow Software does not claim ownership of the materials
you provide to StarFlow Software (including feedback and
suggestions) or post, upload, input or submit to any Services
or its associated services for review by the general public,
or by the members of any public or private community, (each
a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are
granting StarFlow Software, its affiliated companies and
necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses
(including, without limitation, all StarFlow Software Services),
including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission;
to publish your name in connection with your Submission;
and the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect
to the use of your Submission, as provided herein. StarFlow
Software is under no obligation to post or use any Submission
you may provide and StarFlow Software may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control all of the rights
to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation
set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or
that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images
contained in such Images consistent with the manner and
purpose of your use and as otherwise permitted by these
Terms of Use and the Services, (b) you have the rights necessary
to grant the licenses and sublicenses described in these
Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of
example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private community
(for each such Images available to members of such private
community), and/or (b) to the general public (for each such
Images available anywhere on the Services, other than a
private community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of any
of the Services, (including, by way of example, and not
as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate
and reformat your Images without having your name attached
to such Images, and the right to sublicense such rights
to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at the
time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time
you completely remove such Images. No compensation will
be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE STARFLOW SOFTWARE'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF STARFLOW
SOFTWARE AND STARFLOW SOFTWARE IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. STARFLOW
SOFTWARE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. STARFLOW
SOFTWARE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY STARFLOW SOFTWARE OF THE SITE.
COPYRIGHT NOTICE. Copyright © 2002-2003
StarFlow Software SA., Espace Berlioz, 100 rue albert caquot,
sophia antipolis 06560, France. All rights reserved.
TRADEMARKS. Starflow, HostFlow
Any rights not expressly granted herein
are reserved.
Send your questions to the appropriate contact
as listed below:
StarFlow Software Web properties, contact
homepage@starflow.com
Last Updated: Wednesday, November 6th, 2003
|
|