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1. ACCEPTANCE OF TERMS
Welcome
to eOutsourceIT. As mentioned in
the home page, www.eOutsourceIT.com domain
is owned by Shiva Soft-Tech, Inc. Both eOutsourceIT as well as Shiva
Soft-Tech, Inc. represents an entity that provides Business Process
Outsourcing Services and IT services to its clients. eOutsourceIT 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. In addition, when using particular eOutsourceIT
services, you and eOutsourceIT
shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS.
2.
DESCRIPTION OF SERVICE
eOutsourceIT
currently provides business process outsourcing services, data management
services and other IT services as described in the Services page through
Web. The services are provided through our on-shore as well as off-shore
partner entity. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that
eOutsourceIT assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications.
In
order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
For
Business Process Outsourcing ("BPO"), you are responsible to send
raw data for work as per the contract. Once received the raw data,
eOutsourceIT and its partner companies will provide services using the tools
that we agreed as per contract. The completed work will be delivered to you
as per pre-agreed arrangement. Every possible attempt will be made to
provide the un-interrupted Service to you but eOutsourceIT will not be
responsible for delays due to the use of Web or email or FTP or any other
communication.
3. YOUR
OBLIGATIONS
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and complete information about
yourself prior to service offering and (b) maintain and promptly update your
information to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or
eOutsourceIT has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, eOutsourceIT 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.
eOutsourceIT PRIVACY POLICY
No
part of the data will be disclosed to any third party. For more on
Privacy policy, please click
here.
5.
MEMBER CONDUCT
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), posted are the sole responsibility of the person from
which such Content originated. This means that you, and not eOutsourceIT,
are entirely responsible for all Content that you upload, post, email via
the Service. Under no circumstances will eOutsourceIT
be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
You
agree to not use the Service to:
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a.
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upload,
post, email or otherwise transmit any Content that is unlawful,harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
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b.
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impersonate
any person or entity, including, but not limited to, a eOutsourceIT official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
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c.
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forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
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d.
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upload,
post, email or otherwise transmit any Content that you do not have a
right to transmit 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);
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e.
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upload,
post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
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f.
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upload,
post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters,""pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
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g.
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upload,
post, email or otherwise transmit 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;
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h.
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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;
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i.
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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, and any regulations having the force of law;
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You
acknowledge that eOutsourceIT
does not pre-screen Content, but that eOutsourceIT
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, eOutsourceIT
and its designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. 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 eOutsourceIT
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 eOutsourceIT, 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.
6.
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
exported from the United States or the country in which you reside.
7.
INDEMNITY
You
agree to indemnify and hold eOutsourceIT,
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 submit, post to or transmit 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.
8.
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 unless eOutsourceIT has permitted you to do so
via contractual agreement.
9.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that eOutsourceIT may
establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that email messages,
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account on
the Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on eOutsourceIT's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time.
You agree that eOutsourceIT has
no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted
by the Service. You acknowledge that eOutsourceIT
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that eOutsourceIT
reserves the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
10.
MODIFICATIONS TO SERVICE
eOutsourceIT
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 eOutsourceIT
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11.
TERMINATION
You
agree that eOutsourceIT, 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, for lack of use or
if eOutsourceIT believes that you
have violated or acted inconsistently with the letter or spirit of the TOS. eOutsourceIT
may also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. 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 eOutsourceIT
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 eOutsourceIT
shall not be liable to you or any third-party for any termination of your
access to the Service.
12.
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 eOutsourceIT
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.
13.
LINKS
The
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because eOutsourceIT
has no control over such sites and resources, you acknowledge and agree that
eOutsourceIT 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 eOutsourceIT
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.
14.
eOutsourceIT's 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 further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by eOutsourceIT or
advertisers, 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.
eOutsourceIT
grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a
derivative work of, 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, or 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 eOutsourceIT
for use in accessing the Service.
15.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
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a.
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YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. eOutsourceIT 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.
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b.
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eOutsourceIT
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 PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
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c.
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ANY
MATERIAL DOWNLOADED OR OTHERWISE 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 DOWNLOAD OF ANY SUCH MATERIAL.
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d.
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NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eOutsourceIT
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
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16.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT eOutsourceIT
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
eOutsourceIT 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.
17.
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 17 AND 18
MAY NOT APPLY TO YOU.
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
eOutsourceIT
logos and product and service names are trademarks of Shiva Soft-Tech, Inc,
USA. Without Shiva Soft-Tech, Inc.'s prior permission, you agree not to
display or use in any manner, the eOutsourceIT
Marks.
20.
COPYRIGHTS and COPYRIGHT AGENTS
eOutsourceIT
respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide eOutsourceIT
the following information:
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an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest;
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a description of the copyrighted work that you
claim has been infringed;
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a description of where the material that you
claim is infringing is located on the site;
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your address, telephone number, and email
address;
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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;
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a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
eOutsourceIT.com
Shiva Soft-Tech, Inc.
55 Lucia Court
Aberdeen,
NJ 07747
Phone:
(732) 765-8377
Email:
info@eOutsourceIT.com
21.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and eOutsourceIT and govern
your use of the Service, superceding any prior agreements between you and
eOutsourceIT. 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
eOutsourceIT shall be governed by the laws of the State of New Jersey
without regard to its conflict of law provisions. You and eOutsourceIT agree
to submit to the personal and exclusive jurisdiction of the courts located
within the state of New Jersey, USA. The failure of eOutsourceIT 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.
22.
VIOLATIONS
Please
report any violations of the TOS to our Client Services in US.
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