Terms of Service and Privacy Policy

Software Development
Data entry
Web Design
Site Maintenance
Template Integration
Contribution Installation
Script Installation
Solutions
Mambo/Joomla
Oscommerce
Zen Cart
PHP-Nuke
Our Products
Downloads
Documentation
FREE Scripts
FREE Templates
Downloadable Products
My Account
Shopping Cart
Register Now!
Checkout
Log-In
Company
About Us
How We Work
Why Us
Contact Us
Portfolio
Site Map
Terms & Privacy
News
Forum
                

Terms of Service 	

1. ACCEPTANCE OF TERMS 

Advance ® Software welcomes you. Advance ® Software provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.advancewebsoft.com/terms.php. In addition, Advance ® Software may also offer other services or products that are governed by different Terms of Service. For instance, different terms apply to custom design creation on Advance ® Software regarding design copyright.

2. DESCRIPTION OF SERVICE

Advance ® Software provides users with different services such as programming, development, design, installation services and different programs and scripts (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new products, shall be subject to the TOS. You understand and agree you are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of products or services. In addition, you must provide and are responsible for all equipment necessary to access or use the Service.

3. YOUR REGISTRATION OBLIGATIONS 

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Ukraine or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Advance ® Software has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Advance ® Software has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Advance ® Software is concerned about the safety and privacy of all its users. 

4. Advance ® Software PRIVACY POLICY 

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Ukraine and/or other countries for storage, processing and use by Advance ® Software and its affiliates.


5. MEMBER ACCOUNT, PASSWORD AND SECURITY 

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Advance ® Software of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by logging off from your account via link accessible from the Advance ® Software account. Advance ® Software cannot and will not be liable for any loss or damage arising from your failure.

6. MEMBER CONDUCT 

Advance ® Software is concerned about the safety and privacy of all its users. All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, servers and services specifications, access information (logins/passwords, etc), computer programs, documentation, drawings, and financial data or other materials ("Content") is regarded to be Confidential Information and is used by Advance ® Software solely for the needs of Advance ® Software ongoing business relationship with you. All our employees who need to know the Confidential Information for the purposes of providing the clients with the services they order are informed of the nature of the Confidential Information and this Terms of Service. Advance ® Software staff holds the Confidential Information in the strictest confidence, and we will never use any part of your Confidential Information on our own behalf or for benefit or for any other party. Despite, you understand that all Content, privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Advance ® Software, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Advance ® Software does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Advance ® Software be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, an Advance ® Software official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

upload, post, email, transmit or otherwise make available 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;

You acknowledge, consent and agree that Advance ® Software may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Advance ® Software, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. NO RESALE OF SERVICE 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Advance ® Software ID), use of the Service, or access to the Service.

8. MODIFICATIONS TO SERVICE 

Advance ® Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Advance ® Software shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION 

You agree that Advance ® Software may, under certain circumstances and without prior notice, immediately terminate your Advance ® Software account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Advance ® Software account includes (a) removal of access to all offerings within the Service, including but not limited to Advance ® Software website, downloadable links and ticketing system access, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Advance ® Software's sole discretion and that Advance ® Software shall not be liable to you or any third party for any termination of your account or access to the Service.

10. DEALINGS WITH ADVERTISERS 

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 Advance ® Software 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.

11. LINKS 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Advance ® Software has no control over such sites and resources, you acknowledge and agree that Advance ® Software 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 Advance ® Software 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.

12. Advance ® Software PROPRIETARY RIGHTS 

Advance ® Software grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single server and domain; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Advance ® Software for use in accessing the Service.

13. LIMITATION OF LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Advance ® Software AND ITS DEVELOPERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 Advance ® Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

14. NO THIRD-PARTY BENEFICIARIES


You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

15. NOTICE 

Advance ® Software may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

16. TRADEMARK INFORMATION 

The Advance ® Software, Advance ® Software logo, AdvanceWebSoft ®, AdvanceWebSoft Logo, AdvanceWebTemplates, AdvanceWebTemplates, WWW.ADVANCEWEBSOFT.COM, WWW.ADVANCEWEBTEMPLATES.COM trademarks and service marks and other Advance ® Software logos and product and service names are trademarks of Advance ® Software. Without Advance ® Software prior permission, you agree not to display or use in any manner the Advance ® Software Marks.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Advance ® Software respects the intellectual property of others, and we ask our users to do the same. Advance ® Software may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Advance ® Software Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

18. GENERAL INFORMATION 

Entire Agreement. The TOS constitutes the entire agreement between you and Advance ® Software and governs your use of the Service, superseding any prior agreements between you and Advance ® Software with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Advance ® Software services, affiliate services, third-party content or third-party software.

19. VIOLATIONS

Please report any violations of the TOS to our Customer Care group.

Copyright © 2006 Advance ® Software. All rights reserved. Privacy Policy