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IN TRADUZIONE- Condizioni del Servizio In using this website you are deemed to have read and agreed to the following terms and conditions: Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. 1. Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Regulations have created specific offenses for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible 2. Confidentiality
However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. 3. Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
4. Registration
To use the Products, You and the The Company may be required to submit and complete a registration form ("Registration Form"). As part of this registration process for, You and the The Company agree to: (i) provide certain limited information about Yourself and the The Company as prompted to do so by during the registration or thereafter by the Service (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data ("Registration Data"). You may not register for any Service, with the exception of Hamachi™ services, if You are under 18 years of age. By registering, You and the The Company represent to Instant Help that You are 18 years of age or older. If INSTANT HELP discovers that any of Your Registration Data is inaccurate, incomplete or not current, or if INSTANT HELP determines, in its sole discretion, that You or the The Company are not an appropriate subscriber or user of the Service, INSTANT HELP may terminate all rights to access, receive, use and license the Service and Software immediately upon notice. 5. Passwords and Security
5.1 As part of the registration process for each Service with exception of Hamachi™ services, You and the The Company must use Your email address as Your user name and choose a password for access to Your account and to Your designated computers. You and the The Company agree to carefully safeguard all of Your passwords. You and the The Company are solely responsible if You or the The Company do not maintain the confidentiality of Your passwords and account information. Furthermore, You and the The Company are solely responsible for any and all activity that occurs under Your account. You and the The Company agree immediately to notify INSTANT HELP of any unauthorized use of Your account or any other breach of security known to You or the The Company, including if You or the The Company believe that Your password or account information has been stolen or otherwise compromised. Access to, and use of, password-protected and/or secure aspects of the Service is restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution.
5.2 INSTANT HELP is not liable for any loss incurred by You or the The Company, resulting from another's use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. However, You and the The Company may be held liable for losses incurred by INSTANT HELP or another party due to another's use of Your password, account, or public / private key. You and the The Company shall not access or use someone else's account at any time, without the permission of the account holder.
5.3 INSTANT HELP does not send emails asking for a user's username and password or its Windows username and password. To keep the Service secure, You and the The Company should keep all usernames and passwords confidential. 6. End User License Agreement
This end user license agreement grants a right and license allowing You and the The Company to use the Software and other software associated with the Service (together, the "Licensed Programs") under certain restrictions, terms and conditions (the "License Agreement"). You and the The Company are consenting to be bound by this License Agreement.
6.1 The Licensed Programs are made available for download solely for use by You and the The Company according to this License Agreement. Any reproduction or redistribution of the Licensed Programs that is not in accordance with this 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. INSTANT HELP is not transferring title to the Licensed Programs to You or the The Company.
6.2 You and the The Company acknowledge that the Licensed Programs are proprietary to INSTANT HELP or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, You and the The Company agree that You and the The Company are only permitted to use the Licensed Programs as expressly authorized by INSTANT HELP and this License Agreement. You and the The Company may not remove any proprietary notices or labels from the Licensed Programs. You may copy the Licensed Programs for archival purposes only, provided any copy must contain all original proprietary notices. However, You and the The Company may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Programs to a human-readable form. You and the The Company may not reproduce (except for archival purposes), distribute or create derivative works based on the Licensed Programs without expressly being authorized in writing to do so by INSTANT HELP. Further, You and the The Company may not rent, lease, grant a security interest in or otherwise transfer rights to the Licensed Programs. All rights not expressly granted in this License Agreement are reserved to INSTANT HELP and its suppliers.
6.3 ALL CONTENT ON WEB SITES AND COMPUTER PROGRAMS ASSOCIATED WITH THE SERVICE IS PROTECTED BY COPYRIGHT AND/OR TRADEMARK LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION OR CONTENT ON SUCH SITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM INSTANT HELP YOU, THE THE COMPANY AND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON SUCH SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSE. 7. Disclaimer of Warranties
7.1 Although INSTANT HELP has attempted to provide accurate information with regard to the Products, INSTANT HELP assumes no responsibility for the accuracy or inaccuracy of the information. INSTANT HELP may change the Products at any time without notice. Mention of non-INSTANT HELP products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the Products is at the Your and the The Company's risk.
7.2 ALL INFORMATION, SERVICE, DOCUMENTATION AND PRODUCTS PROVIDED BY INSTANT HELP PURSUANT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 8. Limitations of Damages and Liability
8.1 INSTANT HELP AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL INSTANT HELP BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE PRODUCTS, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE PRODUCTS, EVEN IF INSTANT HELP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 IN NO EVENT SHALL INSTANT HELP'S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO INSTANT HELP, IF ANY, FOR THE PRODUCTS DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMEN OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS. 9. Title
Title, ownership rights and intellectual property rights in the Products shall remain with INSTANT HELP or its suppliers. The Products are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Service is the property of the applicable content owner and is protected by applicable law. The License granted under these Terms gives the You and the The Company no rights to such content. Instant Help, associated logos, and other names, logos, icons and marks identifying INSTANT HELP's products and services are trademarks or service marks of INSTANT HELP (collectively the "Trademarks") and may not be used without the prior written permission of INSTANT HELP All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of INSTANT HELP or such third party that may own the Trademarks. Use by You and the The Company of the Trademarks except as provided in these Terms is strictly prohibited. 10. Fees and Renewals
10.1 Month-to-Month Subscription by Credit Card Only. In the event that Your subscription to the Service is on a monthly basis, payment of the subscription fee will be by preauthorized credit card charge and Your subscription will automatically renew each calendar month unless You or INSTANT HELP give written (including email) notice of non-renewal during the prior calendar month. Your credit card with be charged for each month or partial month that Your monthly subscription is in effect.
10.2 Annual Subscription by Credit Card. In the event that Your subscription to the Service is for a year and the payment is by credit card, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless You or INSTANT HELP give prior written (including email) notice of non-renewal at least 30 days prior to the expiration of current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and INSTANT HELP agree otherwise.
10.3 Annual Subscription By Invoice. In the event that Your subscription to the Service is for a year and the initial payment is by check or bank draft against an invoice from Instant Help, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless You or INSTANT HELP give prior written (including email) notice of non-renewal at least thirty (30) days prior to the expiration of the current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and INSTANT HELP agree otherwise.
10.4 No Cancellation. Notwithstanding any provision of these Terms or any course of dealing between the parties, You and the The Company may not cancel, terminate or rescind a subscription. All payments by You and the The Company, or either of you, to INSTANT HELP are final. 11. Termination
INSTANT HELP may in its sole discretion immediately terminate this subscription, license and right to use the Service and Software if (i) You or the The Company breach these Terms; (ii) INSTANT HELP is unable to verify or authenticate any information You provide to Instant Help; (iii) such information is or becomes inaccurate; or (iv) INSTANT HELP decides, in its sole discretion, to discontinue offering the Service. INSTANT HELP shall not be liable to You, the The Company or any third party for termination of the Service. Upon expiration or termination for any reason, You and the The Company are no longer authorized to use the Products. When these Terms is terminated and/or Your subscription is canceled, You will no longer have access to data and other material You or the The Company have stored in connection with the Service and that material may be deleted by INSTANT HELP All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms. 12. High Risk Activities
The Products are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Service or software could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, INSTANT HELP and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 13. Miscellaneous
13.1 These Terms represents the complete agreement concerning the subject matter of the Terms and license granted hereunder and, except as set forth herein, may be amended only by a writing executed by both parties.
13.2 These Terms shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflict of law. You and the The Company agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in San Jose, California and You and the The Company hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
13.3 If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.4 INSTANT HELP shall have the right to publish the identification of You and the The Company as users of the Service. You and the The Company agree that INSTANT HELP may use any logo and/or name associated with You or the The Company on INSTANT HELP's web site and other marketing materials in order to identify You and the The Company as INSTANT HELP's customers.
13.5 Notices by INSTANT HELP to You or the The Company may be sent to the email address You may be required to provide on the Registration Form or otherwise by any means that INSTANT HELP determines in its sole discretion as likely to come to Your attention. All other notices in connection with these Terms shall be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) or personally delivered at the address of the parties provided to the other party. 14. Indemnification
You and the The Company are responsible for maintaining the confidentiality of Your account and password(s). You and the The Company are also responsible for all activities that occur under Your account. You and the The Company hereby agree to indemnify, defend and hold INSTANT HELP and its affiliates, officers, directors, owners, information providers, agents, licensees, licensors ("The Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred by The Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by You of these terms of use or claims arising from Your account. You and the The Company agree to use Your best efforts to cooperate with INSTANT HELP in the defense of any demand, claim, action or suit. INSTANT HELP reserves the right to assume the exclusive defense of any matter subject to indemnification by You at INSTANT HELP's own expense. 15. Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission. 16. Cookies
Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. 17. Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. 18. Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. 19. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. 20. Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. © Team747 2008 All Rights Reserved
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Condizioni del Servizio 
