Terms of Use

The EzUpdate website management tool provides Embarc's clients with a facility to manage, host and maintain websites which are accessible to other users on the Internet. We have set out below the conditions that will govern your use of the EzUpdate service. You must observe the conditions at all times. We hope you enjoy your experience with EzUpdate. Please read the conditions carefully.

Definitions

"Embarc" means Embarc, Inc. of 1029 Chestnut St, Newton Upper Falls, MA, 02464;
"Embarc Servers" means the network of computer servers operated by or on behalf of Embarc;
"EzUpdate" means the software application that enables users to manage their own Web Pages directly on the Embarc Servers;
"FTP" means the software application that will allow Users to transfer their own Web Pages to the Embarc Servers;
"EzUpdate" means the service offered by Embarc which enables Users to either manage one or more web sites using EzUpdate and to host their Web Pages on designated Embarc Servers or where a User already has a website developed on another platform environment to transfer it (subject to technical compatibility) to the EzUpdate service using the FTP application, where it will be hosted on designated Embarc Servers;
"Web Pages" means the series of HTML pages and files that are designed, developed, and edited by the user and are the responsibility of the User and which are stored on Embarc Servers.
"User" means a person or company who uses EzUpdate.

EzUpdate Service

In order to become a User and use the EzUpdate service you must follow the contract process for the service. Your use of EzUpdate is subject to your acceptance of these Terms of use, the terms for Acceptable Use of the Embarc portal service (www.EmbarcGroup.com/terms) and Embarc's policy relating to use of personal data (www.EmbarcGroup.com/privacy). The EzUpdate service is provided without any warranties or guarantees unless specifically stated.

Technical Constraints

We reserve the right to refuse to accept material and/or delete material, which exceeds the relevant web space allocated to Users. Embarc reserves the right to vary these limits from time to time and we will keep you informed by e-mail. Embarc reserves the right to charge the User for any web space provided to the User, which is in excess of the hosting agreement. The User is responsible for making the necessary backups of Web Pages contained on the Embarc Servers in accordance with good computing practice. Under no circumstances will Embarc be required to carry out or take responsibility for such a back-up. Embarc reserves the right to suspend access to or remove any User website, (where it believes, in its absolute discretion, that it is appropriate to do so), whose purpose is to encourage widespread downloading of material and/or files (including but not limited to MP3 files, music files, video files or executable program files).

Your use of the EzUpdate service

You agree that you will only use EzUpdate in a manner that is consistent with these Terms of use and in such a way as to ensure compliance with all applicable laws and regulations. Embarc makes web space available to Users to host Web Pages. The User is solely responsible for the Web Pages they create, the operation and content of such Web Pages and any other material that they store in the web space and are accountable for any unlawful acts committed by them. The User must not use the EzUpdate service or the Web Pages to knowingly receive, display and/or transmit any material, images, text, or files which: (a) infringe another person's or company's intellectual property rights; and/or (b) invade the privacy of others; and /or (c) incite any person or organization to undertake illegal activities; and/or (d) are libelous, defamatory, abusive, violent, racist, incite the corruption of a minor, pornographic, obscene or violate the rights of others in any other way and or (e) are otherwise illegal or unlawful. Users must comply with all applicable law and regulation in relation to the protection of personal data including but not limited to the Data Protection Act 1998. Embarc reserves the right to remove, without prior notice, Web Pages which in its sole discretion it believes do not comply with the above. To the extent to which your use, or the use by any person who may be authorized by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child) of EzUpdate, causes loss or damage to any person, you agree to indemnify Embarc immediately on demand in relation to any such losses or damages attributable to Embarc, including where necessary any legal and administrative, or technical charges that may arise from such use. Embarc shall be entitled to include within the EzUpdate service sponsorship and/or advertising links and other graphical elements linked to third parties.

Complaints received about Web Pages

In the event that Embarc receives a complaint concerning the contents of Web Pages, Embarc reserves the right to either block access to or delete the Web Pages and/or terminate your access to the EzUpdate service depending up on the severity of the complaint. Embarc will endeavor to contact the User concerned to inform them that a complaint has been received, the action that has been taken by Embarc according to Embarc's evaluation of the complaint allegation, and what steps (if any) that are required to be taken by the User.

Privacy

In the event of a complaint Embarc reserve the right to pass User's data to relevant authorities and in compliance with current data protection and security regulations. All Users are responsible for the safety of their information. Embarc recommends that Users do not disclose or publish personal phone numbers or financial information online. Furthermore, no Embarc employees or appointed agents will ever request such personal details. For further details on how we collect and use your personal data including but not limited to the use of cookies please see our Privacy Policy at www.EmbarcGroup.com/privacy.

Limit of Liability

Embarc's entire liability to you in respect of all matters associated with EzUpdate shall be limited as follows:- (a) Nothing in this contract excludes Embarc's liability for death or personal injury arising from the negligence of EmbarcGroup.com, its servants or agents. (b) Nothing in this contract excludes any other liability which is prohibited from being excluded by law; (c) Except as set out in (a) and (b) above EmbarcGroup.com accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages; (d) Embarc's liability for direct losses shall (subject to sub paragraphs (a) and (b) above) be limited to the amount actually paid by you to Embarc and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded; (e) In the event that (c) should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to (a) and (b) be limited to the amounts actually paid by you to Embarc in relation to EzUpdate; (f) each of sub paragraphs (a) to (e) above shall be a separate and severable limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.

Term and Termination

This agreement will commence on the date of contract by the User and shall continue until terminated by either Embarc or the User, pursuant to the terms of this Agreement. Embarc or the User may terminate this Agreement at anytime. Embarc reserves the right to suspend or terminate the Service at any time. Embarc shall endeavor to provide Users with as much notice as reasonably practicable given the context of each event which may require the Service to be suspended and/or terminated. In the event that either Embarc or the User terminates this Agreement, the web space allocated to the User on the Embarc Servers will be retained for a period of 30 days whereupon any Web Pages stored will be permanently deleted.

Transferability

The User may not transfer the benefit and/or burden of this Agreement in whole or in part to any other party.

Law and Jurisdiction

This Agreement shall be exclusively governed by and construed in accordance with the laws of the United States and Massachusetts whose courts will have exclusive jurisdiction in any dispute.

Best Practice Guidelines

For our full guidelines for safe use of EzUpdate or if you need to report a bug or abuse of EzUpdate, please look here for how best to do this.