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Terms Of Service
This Intermec Network Pte Ltd Terms of Service (the "Agreement") contains the terms and conditions that govern Your access to and use of the Service Offerings (as defined below) and is an agreement between Intermec Network Pte Ltd and You or the entity You represent (“You”). This agreement takes effect when You click an “I Accept” button or check box presented with these terms, or when You click an “Order” button, or when You use any of the Services (the “Effective Date”). You represent to us that You are lawfully able to enter into contracts (e.g. You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity. You acknowledge that You have read the Agreement.
- Generally. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by You or Intermec Network Pte Ltd in accordance with the Termination Clause of this Agreement.
- Term. Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement or other Supplemental Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one-month period.
- Generally. Upon submission of the Order and acceptance by Intermec Network Pte Ltd, You shall pay to Intermec Network Pte Ltd a refundable deposit and other charges, fees and rentals for the Services and/or equipment, as the case may be, which shall be at the rates prescribed on the Intermec Network Pte Ltd website from time to time and payable in advance or at such other time in accordance with Intermec Network Pte Ltd policy or requirements. The said charges, fees and rentals shall commence from the Effective Date.
- Full Payment. All payments due to Intermec Network Pte Ltd under this Agreement shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.
- New Service Fees. Fees and charges for any new Service or new feature of a Service will be effective when Intermec Network Pte Ltd post updated fees and charges on the Intermec Network Pte Ltd Website unless Intermec Network Pte Ltd expressly state otherwise in a notice.
- Cancellation Fees. If You cancel any order after the same has been accepted by Intermec Network Pte Ltd, You shall be liable to pay a cancellation fee, if any, at Intermec Network Pte Ltd prescribed rate for cancellation.
- Generally. You may access and use the Services in accordance with this Agreement. Service Level Agreements (“SLA”) may apply to certain Services. You will adhere to all laws, rules, and regulations applicable to Your use of the Services, including the Acceptable Use Policy and other Policies as published on Intermec Network Pte Ltd Website.
- Your Account. To access the Services, You must create an Intermec Network Pte Ltd Account associated with a valid e-mail address. You are also known as Primary Contact of Your account. Unless explicitly permitted by the Terms of Service, You may only create one account per email address. You are responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or a third party (including Your contractors or agents) and, except to extent caused by our breach of Agreement.
- Unauthorized Access. Intermec Network Pte Ltd and its affiliates are not responsible for unauthorized access to Your account. You shall contact us immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen.
- To the Services. Intermec Network Pte Ltd may change, discontinue, or deprecate any of the Services (including the Services as a whole) or change or remove features or functionality of the Services from time to time. Intermec Network Pte Ltd will notify You of any material change to or discontinuation of the Services.
- To the Service Level Agreements. Intermec Network Pte Ltd may change, discontinue or add Service Level Agreements from time to time.
- Generally. At the request of You and subject to acceptance by Intermec Network Pte Ltd, Intermec Network Pte Ltd will provide the Services.
- Maintenance of Hardware and Software. Unless otherwise indicated in this Agreement, the Services shall not include the provision or maintenance of any computer equipment or software required by You to connect to the Intermec Network Pte Ltd Internet Server.
- None Guaranteed of Services. Intermec Network Pte Ltd does not guarantee or warrant the availability of the Services or continuous, uninterrupted or secure access to the Internet.
- None Guaranteed of Backup. Intermec Network Pte Ltd does not guarantee or warrant that the data stored in the Intermec Network Pte Ltd Internet Server will be backed up. You shall be responsible for keeping an independent backup of all data stored in the space allocated to You.
- Right to Suspend. Intermec Network Pte Ltd reserves the right to suspend the Services or any part of them for operational reasons or in an emergency and the You shall not make any claim or compensation from Intermec Network Pte Ltd.
- Generally. You acknowledge that Intermec Network Pte Ltd shall not be liable for the security of Your data on any of Your Equipment or passing over the Services and that Intermec Network Pte Ltd shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. You shall be solely responsible for the data retrieved, stored or transmitted through the Services.
- Unauthorised Access. You agree that Intermec Network Pte Ltd is not liable for any unauthorised access to Your data even when the access occurs as a result of a fault in equipment or software owned, operated or supplied by Intermec Network Pte Ltd.
- Log-In Credentials and Private Keys. Intermec Network Pte Ltd log-in credentials and private keys generated by the Services are for Your internal use only and You may not sell, transfer or sublicense them to any other entity or person, except that You may disclose Your Log-in Credentials and private key to Your agents and subcontractors performing work on Your behalf.
- Other Security. You are responsible for properly configuring and using the Services and taking the necessary steps to maintain appropriate security and protection of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and make routine archiving of Your Content.
- Generally. All services including, Shared Hosting Account, Cloud Server, Virtual Private Server (VPS), Dedicated Server and Colocation Accounts are limited only to port speed. Default port setting is One (1) Mbps. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of Your selected plan/server.
- Generally. If requested by You, Intermec Network Pte Ltd will, as agent for You, apply for the domain name as requested by You (“Requested Domain Name”).
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Domain Registration. If You choose to register a domain name(s) through Intermec Network Pte Ltd, You acknowledge and agree that:
- You will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar.
- Intermec Network Pte Ltd does not offer refund(s) for domain name registration(s) for any reason, including misspelling of the domain name.
- Domain Terms. By registering a domain name(s) through Intermec Network Pte Ltd, You acknowledge and agree to the terms and conditions of the respective domain registry.
- None Guaranteed Domain Registration. Intermec Network Pte Ltd does not guarantee that it will be successful in its application for the Requested Domain Name.
- Domain Contact. If the application for the Requested Domain Name is successful, then Intermec Network Pte Ltd will become the delegated domain name Administrative Contact and Technical Contact for the Requested Domain Name.
- Domain Contact. If the application for the Requested Domain Name is successful, then Intermec Network Pte Ltd will become the delegated domain name Administrative Contact and Technical Contact for the Requested Domain Name.
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Domain Renewal. Intermec Network Pte Ltd will renew Your Domain provided that:
- Intermec Network Pte Ltd is the delegated domain name administrator, or the appointed reseller or the invoicing party of Your Domain Name at the scheduled time of expiry; and
- You are, at that time, the owner of the Domain Name; and
- You request Intermec Network Pte Ltd to renew the Domain Name; and
- You have paid for the domain name renewal fee to Intermec Network Pte Ltd.
- Domain Expiration. Your Domain Name will become expired and may cause Your web site to become inaccessible on and after the expiry date if the Domain Name is not renewed on or before the expiry date. You shall renew the domain name at Your own cost and expense. In the event You failed to renew the domain name and caused the domain name to be expired or not being able to renew, You shall not make any claim or compensation from Intermec Network Pte Ltd.
- None Guaranteed Renewal. Intermec Network Pte Ltd does not guarantee that it will be successful in its application for the Requested Domain Name Renewal of Domain Name that is expired or falls under Domain Redemption Period.
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Customer’s Content. You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, You are solely responsible for:
- The technical operation of Your Content, including ensuring that calls You make to any Service are compatible with then-current APIs for that Service;
- Compliance of Your Content with the Acceptable Use Policy, the other Policies, and the law;
- Claims relating to Your Content; and
- Properly handling and processing notices sent to You (or any of Your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
- End User Violations. You will be deemed to have taken any action that You permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for End Users’ use of Your Content and the Services. You will ensure that all End Users comply with Your obligations under this Agreement and that the terms of Your agreement with each End User are consistent with this Agreement. If You become aware of any violation of Your obligations under this Agreement by an End User, You will immediately terminate such End User’s access to Your Content and the Service Offerings.
- End User Support. You are responsible for providing customer service (if any) to End Users. Intermec Network Pte Ltd does not provide any support or services to End Users unless we have a separate agreement with You or an End User obligating us to provide support or services.
- Computer Equipment. You shall, at Your own expense, install and maintain the necessary computer equipment and software to enable connection to the Intermec Network Pte Ltd Internet Server, other than any equipment and/or software supplied by Intermec Network Pte Ltd under this Agreement.
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Harmful Content. You agree that You will not distribute, electronically transmit or display any materials supplied by You - or through You by a third party - to any Intermec Network Pte Ltd server in connection with Customer’s use of the Services which:
- Violate any state, federal or foreign laws or regulations;
- Infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Intermec Network Pte Ltd or any third party;
- Are defamatory, slanderous or trade libelous;
- Are threatening or harassing;
- Are discriminatory based on gender, race, age or promotes hate which violate any Intermec Network Pte Ltd policy posted on the Intermec Network Pte Ltd Website including but not limited to those listed in Intermec Network Pte Ltd Acceptable Use Policy (AUP).
- Contain viruses or other computer programming defects which result in damage to Intermec Network Pte Ltd or any third party.
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Illegal Activity. You agree that You will not use the Services:
- To send unsolicited or unwelcome or bulk electronic mail messages to anyone or otherwise cause excessive or disproportionate load on the Services;
- For any unlawful purposes such as, but not limited to, vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;
- For any purpose which is against public interest, public order or national harmony;
- To publish defamatory, infringing, obscene or other unlawful materials;
- In connection with the infringement of the copyright, patent, trademark, trade secret or other propriety rights of any third party or rights of publicity or privacy;
- To interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorisation by the owner of the said service, equipment or computer network;
- To resell the Services or otherwise provide the Services to anyone unless permitted by Intermec Network Pte Ltd.
- In violation of any laws relating to unfair competition, anti-discrimination or false advertising; or That result in distribution of viruses, Trojan horses, worms, time bombs, bots, or other similar harmful or deleterious programming routines.
- Licensed Third Party Software. You agree to use only properly licensed third party software in connection with the use of the Services.
- Reporting a Service Failure. You shall, prior to reporting a Service failure or problem, carry out all necessary steps to determine the cause of the Service failure or problem.
- In the event of any conflict or inconsistencies between the duration/ term set forth in this Agreement and the duration/ term set forth in any proforma invoice issued by Intermec Network Pte Ltd, the duration/ term set forth in that proforma invoice shall prevail.
- In the event of an invoice dispute, You shall pay all undisputed amounts on the invoice due date. To the extent that You dispute any portion of the invoice, You shall notify Intermec Network Pte Ltd in writing and provide documentation supporting Your dispute before the invoice due date or Your right to any billing adjustment shall be waived. If the dispute is resolved against You, You shall pay such amount due plus interest as set forth in this Agreement from the date the payment was originally due.
- Termination Due to None Renewal. Intermec Network Pte Ltd may terminate this Agreement if You failed to pay for the renewal fees of its Service on time upon renewal.
- Service Cancellation Information Page. If You are terminating this Agreement, You must follow instructions for cancellation provided on the Service Cancellation Information page as published on Intermec Network Pte Ltd Website. All cancellation notice by You must be at least Thirty (30) days before the next renewal date.
- Service De-activation. If You terminates your account, Intermec Network Pte Ltd will de-activate the server/account on the day You specify the account is cancelled. Intermec Network Pte Ltd will not maintain an archival copy of your Web site(s) or files. It is your responsibility to remove any data off the server prior to the date provided in their cancellation notice.
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Effect of Termination. If Intermec Network Pte Ltd terminates Your right to access or use any portion or all of the Services:
- You remain responsible for all fees and charges You have incurred prior the date of termination;
- You remain responsible for any applicable fees and charges for any Services to which You continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of termination;
- You will not be entitled to any service credits under the Service Level Agreements for any period of post termination; and
- Intermec Network Pte Ltd will erase ALL of Your Content as a result of Your termination, except as specified elsewhere in this Agreement