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1. Acceptance of Terms
Tangent 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. When using Tangent
Email Archiving Services you will be subject
to any posted guidelines or rules applicable
to the service, which may be posted from
time to time. All such guidelines or rules
are incorporated by reference into the TOS.
2. Description of Service
Tangent Email Archiving currently provides
customers with access to Internet Email
Archiving Services (the "Service"). You
understand and agree that the service may
include certain communications from Tangent,
such as service and product announcements,
and administrative messages, and that these
communications are considered part of
Tangent’s Email Archiving Services and you
will not be able to opt out of receiving
them. Unless explicitly stated otherwise,
any new features that augments or enhances
the current Service, including the release
of new Tangent Email Archiving Services
properties, shall be subject to the TOS.
You understand and agree that the Service
is provided "AS-IS" and that Tangent Email
Archiving Services assumes no responsibility
for the timeliness, end user deletion or mis-categorization
of any email communications catalogued by
our service. You must provide and are
responsible for all equipment necessary to
forward email to our Service.
Service provides archiving of all e-mail
data sent to it by the customer’s mail
systems. This e-mail is saved, catalogued,
indexed, and stored in encrypted format on
permanent WORM media. Data can be retrieved
by the customer though the password
protected web based interface provided in
the Service.
Service is compliant with FRCP Rule 26,
SEC, NYSE, NASD, HIPAA, Sarbanes-Oxley and
FDA 21 CFR Part 11. Service is also
compliant with state rules and regulations.
(Information available upon request)
3. Your Registration Obligations
In consideration of your use of the Service,
you agree to: (a) provide true, accurate,
current and complete information about
yourself as prompted by the Service's
registration form (such information being
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 Tangent has reasonable
grounds to suspect that such information is
untrue, inaccurate, not current or
incomplete, Tangent’ 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).
4. Privacy Policy
Registration Data and certain other
information about you is subject to our
Privacy Policy.
5. Member Account, Password and Security
You are responsible for maintaining the
confidentiality of your password and
account, and are fully responsible for all
activities that occur under your password or
account. You agree to (a) immediately notify
Tangent 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 a user session.
Tangent’ cannot and will not be liable for
any loss or damage arising from your failure
to comply with this Section 5.
6. Member Conduct
You understand that all information, data,
text, software, music, sound, photographs,
graphics, video, messages or other materials
("Content"), whether publicly posted or
privately transmitted, are the sole
responsibility of the person from which such
Content originated. This means that you, and
the sender and not Tangent are entirely
responsible for all content that you email,
transmit or otherwise make available to the
Service. You understand that by using the
Service, you may be exposed to Content that
is offensive, indecent or objectionable.
Under no circumstances will Tangent be
liable in any way for any Content,
including, but not limited to, for any
errors or omissions in any Content. You
agree to not use the Service to:
· 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 a Tangent official 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
· 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)
· Transmit or otherwise
make available any Content that
infringes any patent, trademark,
trade secret, copyright or other
proprietary rights ("Rights") of any
party
· 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 Service 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
· Intentionally or
unintentionally violate any
applicable local, state, national or
international law, including, but
not limited to, regulations
promulgated by the U.S. Securities
and Exchange Commission, any rules
of any national or other securities
exchange, including, without
limitation, the New York Stock
Exchange, the American Stock
Exchange or the NASDAQ, FRCP, HIPPA
and any regulations having the force
of law.
You acknowledge that Tangent Email
Archiving Services do not screen Content.
You agree that you must evaluate, and bear
all risks associated with the use of any
Content, including any reliance on the
accuracy, completeness, or usefulness of
such Content.
You acknowledge and agree that Tangent
Email Archiving Services may preserve
Content and may also disclose Content if
required to do so by law or in the good
faith belief that such 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; or (d)
protect the rights, property, or personal
safety of Tangent, 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.
7. Special Admonitions for International
Use
Recognizing the global nature of the
Internet, you agree to comply with all local
rules regarding online conduct and
acceptable Content. Specifically, you agree
to comply with all applicable laws regarding
the transmission of technical data imported
and exported from the United States or the
country in which you reside.
8. Indemnity
You agree to indemnify and hold Tangent and
its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and
employees, harmless from any claim or
demand, including reasonable attorneys'
fees, made by any third party due to or
arising out of Content you make available
through the Service, your use of the
Service, your connection to the Service,
your violation of the TOS, or your violation
of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the Service, use of
the Service, or access to the Service.
10. General Practices Regarding Use and
Storage
You acknowledge that Tangent may establish
general practices and limits concerning use
of the Service, including without limitation
the maximum number email messages that may
be sent from or received by an account on
the Service and the maximum size of any
email message that may be sent from or
received by an account on the Service. You
acknowledge that Tangent reserves the right
to change these general practices and limits
at any time, in its sole discretion, with or
without notice.
11. Modifications to Service
Tangent reserves the right at any time and
from time to time to modify or temporarily
discontinue the Service (or any part
thereof) with or without notice. You agree
that Tangent shall not be liable to you or
to any third party for any modification,
suspension or temporary discontinuance of
the Service.
12. Termination
Due to the sensitive and critical nature of
maintaining email archiving services to our
customers, Tangent’s policy is to not
immediately terminate services for customers
over issues regarding non-payment of account
and/or service renewal fees.
You agree that it is your responsibility
to properly notify Tangent via email at
support@tcnoc.com no less than 5 days prior
to your service renewal date, should you
decide to discontinue your service. Should
you fail to properly notify Tangent no less
than 5 days prior to your service renewal
date of your intent to discontinue services
and then utilize Tangent Email Archiving
services in any way for any part of any
year, you agree to pay Tangent in full for a
full year of service at your annual rate.
You agree that Tangent in its sole
discretion, may terminate your password,
account (or any part thereof) or use of the
Service, and remove and discard any Content
within the Service, for any reason,
including, without limitation, if Tangent
believes that you have violated or acted
inconsistently with the letter or spirit of
the TOS. You agree that any termination of
your access to the Service under any
provision of this TOS may be effected
without prior notice, and acknowledge and
agree that Tangent may immediately
deactivate or delete your account and all
related information and files in your
account and/or bar any further access to
such files or the Service. Further, you
agree that Tangent shall not be liable to
you or any third-party for any termination
of your access to the Service.
13. Proprietary Rights
You acknowledge and agree that the Service
and any necessary software used in
connection with the Service ("Software")
contain proprietary and confidential
information that is protected by applicable
intellectual property and other laws. You
agree not to modify, rent, lease, loan,
sell, distribute or create derivative works
based on the Service or the Software, in
whole or in part.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TANGENT EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. TANGENT MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS. ANY MATERIAL OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE RECEIPT OF ANY SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM TANGENT OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
TANGENT SHALL NOT BE LIABLE 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 TANGENT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
16. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. Special Admonition for Services
Relating to Financial Matters
If you intend to create or join any service,
receive or request any news, messages,
alerts or other information from the Service
concerning companies, stock quotes,
investments or securities, please read the
above Sections 14 and 15 again. The Service
is provided for informational archival
purposes only, and NO CONTENT TRANSMITTED
THROUGH THE SERVICE is intended for public
use. Tangent and its licensors shall not be
responsible or liable for the accuracy,
usefulness or availability of any
information transmitted or made available
via the Service, and shall not be
responsible or liable for any legal
proceedings or judgments that may come from
the use of information in the service.
18. Notice
Notices to you may be made via either email
or regular mail. The Service may also
provide notices of changes to the TOS or
other matters by displaying notices or links
to notices to you generally on the Service.
19. Trademark Information
The name DataCove / logo and the Tangent
logo is a trademark of Tangent Computer Inc.
Without Tangent’s prior written permission,
you agree not to display or use in any
manner, the Tangent or Tangent Email
Archiving Services Marks.
20. General Information
The TOS constitute the entire agreement
between you and Tangent and govern your use
of the Service, superseding any prior
agreements between you and Tangent. You also
may be subject to additional terms and
conditions that may apply when you use
affiliate services, third-party content or
third-party software. The TOS and the
relationship between you and Tangent shall
be governed by the laws of the State of
California without regard to its conflict of
law provisions. The failure of Tangent to
exercise or enforce any right or provision
of the TOS shall not constitute a waiver of
such right or provision. If any provision of
the TOS is found by a court of competent
jurisdiction to be invalid, the parties
nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision,
and the other provisions of the TOS remain
in full force and effect. You agree that
regardless of any statute or law to the
contrary, any claim or cause of action
arising out of or related to use of the
Service or the TOS must be filed within one
(1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or
contractual effect.
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