Erimax.com

Erimax Media HB ("Erimax.com") offers services that allows web masters to add interactive elements to their homepages. In order to use these services the web master must accept these Terms of Service. If you don't want to be bound by these Terms of Service, or do not understand them, or intend to break them, you are not allowed to sign up.

The services are remotely hosted (i.e. hosted on server(s) that Erimax.com controls). Erimax.com reserves the right to modify any service in any way, as long as the main characteristics of that service is maintained.

Terms:

The terms "Users" and "User" refer to web masters that accepts these Terms of Service.
The term "account" refer to all data generated by User and that User's visitor through the services at Erimax.com that the User controls.
The term "visitor" refers to any third party (including, but not limited to, other Users at Erimax.com or persons in any way affiliated with Erimax.com) visiting the User's web site and/or services at Erimax.com that the User controls.

2. Conditions of Use

By using our services User agree to use it following all applicable laws and regulations, and in accordance with these Terms of Service. Users are solely responsible for all data and content, a) generated by the User and by their visitors in the use of the services, and b) on their own web site. Erimax.com does not verify, endorse, or otherwise vouch for the contents of any web site using this Service. Users can be held legally accountable for generated contents if that content contains, for example, material protected by copyright, trademark, patent, or trade secret law. All content related to a User's account shall be considered to be generated by that User, even when parts of that content is posted by that User's visitors.

User agrees not to transmit through the services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.

Explicitly forbidden content that may not be the subject the use of services at Erimax.com or part of a web site a User controls that is in any way connected to a service offered by Erimax.com:

Pornographic content of any kind.
Racist content of any kind.
Encouraging, planning or glorifying of any kind of criminal activity.
Promote or utilize software or services designed to deliver unsolicited email or any kind of Multi Level Marketing.

The User, and not Erimax.com, is responsible for the content and for ensuring that any such content, whether posted by User or any visitor to User's web pages, meets the requirements of these Terms of Service at all times. If any such content violates these Terms of Service, the User is responsible for removing the offending content, even if the User did not create or add that content. Erimax.com shall supply necessary tools to remove, or in certain circumstances block, such content.

User shall not interfere in any way with another User's use and enjoyment of the services, including deliberate attempts to log in to another User's account. User may not resell any service offered by Erimax.com to a third party, without the prior written consent of Erimax.com.

A person may not become a User if that person not is allowed by law, regulation or any other reason to give personal information to a third party, such as Erimax.com. This means explicitly, but not exclusively, that no person from the U.S.A. below the age of thirteen may become a User. Erimax.com reserves the right to deny a person the right to become a User for any (given or not given) reason at the sole discretion of Erimax.com. Erimax.com reserves the right to not accept new Users temporarily or permanently.

Erimax.com reserves the right to terminate any User's (un-payed) trial account, and delete all content related to that User's use of the services, at any time, in Erimax.com's sole discretion, with or without notice, for conduct that violates any applicable law or regulation, these Terms of Service or for material that Erimax.com in its sole discretion believes is or may be directly or indirectly harmful to other Users, to Erimax.com or its subsidiaries, affiliates, or business contractors, or to other third parties.

Erimax.com reserves the right to temporarily disable any User's account, and disable all public access any or all content related to that User's use of the services, at any time, in Erimax.com's sole discretion, for conduct that violates any applicable law or regulation, these Terms of Service or for material that Erimax.com in its sole discretion believes is or may be directly or indirectly harmful to other Users, to Erimax.com or its subsidiaries, affiliates, or business contractors, or to other third parties. User shall be given a notice (via the email address currently registered in our database by that User) stating the reason for this action and be given a reasonable time to correct the situation, after which Erimax.com decides, in its sole discretion, if the User's account shall be re-enabled or if the User needs to do more to remedy the situation. Repeated deliberate abuse, or repeated negligence to remedy such situation, or if the email address repeatedly bounces our emails concerning this situation, may lead, at Erimax.com's sole discretion, to the termination of the User account and all information and content related to that account without any refund.

Erimax.com is in no way responsible for the content generated by any User or any User's web site. The opinions and views expressed do not necessarily reflect those of Erimax.com.

3. Cost of Services and Length of Contract

The specific cost to use the services offered by Erimax.com are stated elsewhere on www.erimax.com. This section describes our general policy concerning the pricing of our services and the length of contract.

Erimax.com reserves the right to increase the price for any reason for any or all services at any time. Notice concerning such an increase shall be posted to the applicable news page and/or on any page linked directly from www.erimax.com at least two weeks prior to such increase. The new price applies to all Users, both new and old. Price increases are not retroactive.

Erimax.com reserves the right to temporarily or permanently decrease the price for promotional purposes, or any other reason, at any time for any or all services. Notice concerning such decrease may, or may not, be posted at www.erimax.com in advance. The new price applies to all Users, both new and old (we do not punish Users for being loyal). In the case of a temporarily decrease, it will be clearly posted at www.erimax.com between which points of time the discount is running. The discount does not take into account when the User signed up, only when the purchase takes place.

User understands that the relative value of the price may differ depending on which currency the User purchase the service(s) in.

The usual contract is for one year, but other periods may be used at Erimax.com's sole discretion. User understands that no refunds are payed out. This is due to the trial period, of at least two weeks, where the User can check out all aspects of the services without stating any credit card information, with no strings attached and no questions asked. A Trial User that decides to become a paying User shall therefore be bound by these Terms of Service in full. In the (unlikely) event of Erimax.com closing any service, any credit left for a User using that service shall be transfered to an equal or comparible, or other, service offered by Erimax.com.

4. Modification to Terms of Service

Erimax.com reserves the right, in its sole discretion, to change, modify, add or remove all or part of these Terms of Service with or without notice. Any modification or change will be posted in this document. Users shall be solely responsible for understanding the current Terms of Service at any time. Erimax.com may not change the main characteristics of these Terms of Service without a prior notice on the applicable news page at www.erimax.com at least two weeks before such change.

The continued use of the services constitutes an affirmative acknowledgment of the agreement and its modifications and an agreement to abide and be bound by the Terms of Service and its modifications.

5. Privacy policy

When signing up, a User must give us some personal information, specifically the User's name, email address and country. User shall also enter a password, and may choose to enter the URL to the User's web site.

Erimax.com will not disclose any personally identifiable information about any individual User to any third party, except to comply with applicable law or valid legal process, in circumstances where Erimax.com, in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the continuation of our services or the personal safety of our users or the public.

If, in its sole discretion, Erimax.com determines that law enforcement officials or other necessary persons should be notified regarding any content generated by a User, Erimax.com will provide the User content in question to the appropriate officials without notice to the user. Erimax.com will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or that promotes illegal conduct. This may result in Erimax.com disclosing to law enforcement officials or other necessary persons user information and Internet protocol addresses pursuant to valid legal process, in circumstances where Erimax.com, in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the continuation of our services or the personal safety of our users or the public.

To be a User, your browser must support the use of cookies. Every time you log in to our Administration System, a unique cookie will be placed on your computer. This cookie contains a sequence of numbers used to identify you while you administer the services you use at Erimax.com. The only identifiable information in this cookie is your User ID. Every time you attempt to change anything while logged in, this cookie will be checked against our database. The cookie is destroyed if you log out from the Administration System or if you close the browser window in which you were logged in. The cookie is useless if you are inactive for more than one hour. Your password is stored in our database using a form of encryption that cannot be reversed, once you have confirmed your membership.

We use iBill as our authorized sales agent. This enables us to receive payments from Users in a secure and independent way. It also means that Erimax.com never comes in contact with any of your credit card information. We refer to their web site if you want to check out their privacy policy.

Erimax.com reserves the right to link from any page in the erimax.com domain to a service used by a User using that User's User ID for promotional purposes.

We do not sell or give your email address to anybody. We do not spam our Users.

6. Advertising

Erimax.com will not, except with a User's consent, put any form of advertising in any of our services.

Erimax.com may, at its sole discretion, put any form of advertising on our own pages, including the Administration System.

7. Warranties

Erimax.com guarantees that the services will be available more than 95% of the time, during the term you pay for. However, we do not guarantee that you are able to reach the services even when they are running fine. At most times when you can't reach our services the problem is not within our control (e.g. your ISP is having problems) and that does not count against the 95%-guarantee. (Since we launched our services we are well inside 95%.)

Erimax.com guarantees that back-ups of the entire database are performed several times a week.

8. Limitations of Liability, Disclaimer of Warranties

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK.

ERIMAX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXCEPT THOSE EXPLICITLY MENTIONED ABOVE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ERIMAX.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ERIMAX.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

ERIMAX.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, OR THROUGH ACTS OF GOD, EVEN IF ERIMAX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification and Governing Law

User agrees to indemnify and hold Erimax.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of User's use of the services, the violation of this Terms of Service by User, or the infringement by User, or other user of the services using User's computer, of any intellectual property or other right of any person or entity.

These Terms of Service shall be governed and construed in accordance with Swedish Law and both Erimax.com and User agrees to submit to the exclusive jurisdiction of the Swedish courts.

10. Copyright Notice

Any content in the Erimax.com web site is owned by Erimax Media HB, excluding such content generated by third party use of any services. No content owned by Erimax Media HB may be used without the prior written consent of Erimax Media HB.

Latest update: 2001 oct 2