Terms of Service

ECMANAGED WEB SITE TERMS AND CONDITIONS OF USE
 
These ECMANAGED Web Site Terms of Use ("Terms of Use") explain the contractual agreement between you, who agrees to these Terms of Use ("you", "your"), and ECmanaged S.L. ("ECMANAGED", "we", "us", "our") regarding your use of this web site ("ECMANAGED Web Site") and activities and transactions conducted through the ECMANAGED Web Site. 
You should print a copy of these terms and conditions for future reference.
The ecmanaged.com website is operated by ECmanaged, S.L. whose registered address is C/Avda. Ernest Lluch, 32, edificio TCM2 1ª planta
08303 - Mataró. Barcelona, Spain ,VAT Number: B66281379
 
1. ACCEPTANCE
By using the ECMANAGED Web Site, you agree to the provisions contained in these Terms of Use, which govern your use of ECMANAGED's services. To become an "User", you are initially required to enter your password and click the "I Agree" button, acknowledging your agreement with these Terms of Use and enabling you to proceed with the registration. If you do not accept these Terms of Use, you are not authorized to use the ECMANAGED Web Site. We recommend that you print a copy of these Terms of Use for your records, and please note that these Terms of Use are copyrighted. If you have any questions about these Terms of Use, please contact info@ecmanaged.com.
 
2. TYPES OF USERS
ECMANAGED is an European project whose goal is to provide a managing solution in the Cloud Computing area. There are different types of users of ECMANAGED Web Site:
 
(1) "Web Site Visitors" are able to explore all the content and general information about ECMANAGED.
(2) “Free Trial Users” are Users that register in order to try for free our application by filling out our free trial registration form, after agreeing to the ECMANAGED Web Site Terms of Use.
(3) “Sporadic Users” are Users that register as a Sporadic User by filling out an on-line application, by selecting an ID and a password and then reviewing and agree to the terms of this agreement. The service is “on demand” and you pay for what you use, without registration chargers or fixed fees.
(4) “Frequent Users” are Users that register as a Frequent User by filling out an on-line application, by selecting an ID and a password and then reviewing and agreeing to the terms of this agreement. The Frequent User may choose between a range of contract packages based on different usage volumes. These contract packages have a fixed monthly charge for the defined usage volume. This mode allows you to take advantage of better prices. A user can consume more than the usage defined in the contracted package. The additional usage will be charge using the “On demand” conditions  
 
If you choose not to register as a Free Trial User or Sporadic User or Frequent User and remain only a Web Site Visitor, you can still access certain information on the ECMANAGED Web Site, and your use is your automatic agreement to the applicable provisions in these Terms of Use.
 
3. UPDATES TO THESE TERMS OF USE
We may amend these Terms of Use at any time by posting the amended Terms of Use on the ECMANAGED Web Site. If you are a Sporadic User or a Frequent User, we will also e-mail you a notice of the amended Terms of Use. The amended Terms of Use will be effective on the date indicated in the notice. We may also add, delete or modify some or all of our services at any time.
 
4. SYSTEM INTEGRITY
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, scripts or cancelbots, intended to damage, obtain data, overload servers or interfere with the proper working of the ECMANAGED Web Site or any workflow being conducted on our site or to surreptitiously intercept or expropriate any system, data or personal information from the ECMANAGED Web Site. You may not take any action that imposes an unreasonable or disproportionately large load on our systems, including but not limited to "spam" or other such unsolicited mass e-mailing techniques. 
 
5. INFORMATION POSTED ON ECMANAGED
You are solely responsible for information, which you post on the ECMANAGED Web Site, including but not limited to any posting or listing in any public message area or through any e-mail feature. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libellous, threatening or harassing; (c) be obscene, indecent or contain pornography; nor d) racist contents or racial hate. We do not endorse any information posted or content contained on the ECMANAGED Web Site and we are not liable for any information posted on the ECMANAGED Web Site, including but not limited to any information posted about you.  We reserve the right to take any action with respect to information posted on the ECMANAGED Web Site which we believe is appropriate in our sole discretion with respect to information posted on the ECMANAGED Web Site, including but not limited to termination of your rights of use.
 
6. LINKS
The ECMANAGED Web Site may contain links to third-party web sites not under the control or operation of ECMANAGED. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the ECMANAGED Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "ECMANAGED" or "www.ecmanaged.com"; (b) the link must "point" to the URL "http://www.ecmanaged.com" and not to other pages within the ECMANAGED Web Site; (c) the link, when activated by a user, must display the ECMANAGED Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
 
7. THIRD PARTY CONTENT
The ECMANAGED Web Site may contain information published by various third party providers. The Terms and Conditions of the respective third parties are posted on the ECMANAGED Web Site (and may be updated from time to time). We recommend that you review these Terms and Conditions. If at any time you are not in compliance with these Terms and Conditions, we have the right to terminate your rights of use and your access to the ECMANAGED Web Site.
 
8. COMPLIANCE WITH LAWS
You must comply with all applicable laws, statutes, ordinances and regulations regarding your use of the ECMANAGED Web Site. You are responsible for paying all applicable fees and taxes you incur in connection with access of our service.
 
9. FREE TRIAL

The free trial, which is made to you by ECMANAGED, entitles you access to the Service for a period of thirty (30) days from the moment that you activate such trial period by filling out our free trial registration form. By submitting your data, you accept the 30-Days Free Trial Offer and (i) consent to us using your personal data in accordance with our Privacy Policy, (ii) acknowledge and agree to ECMANAGED Web Site Terms and Conditions of Use. If you decide that you do want to become a paying user of the Service upon the lapse of the Free Trial Period, you have to activate your Contract Plan (instructions for this can be found at the web site). You may only use this Free Trial Offer once.
ECMANAGED reserves the right, in its absolute discretion, to withdraw or to modify a Free Trial at any time without prior notice and with no liability.
 
10. REFUNDS AND CANCELLATION
We may immediately terminate any or all of your rights of use and/or any of your current contract plans or orders, if applicable, if you breach any of these Terms of Use, or if we are unable to verify or authenticate any information you provide to us. You may terminate your ID and password at any time by contacting us at info@ecmanaged.com; however, there are no refunds or credits for partially used periods.
 
11. PRIVACY
Your user ID and password, and User approval code, if applicable, should be maintained as confidential and should not be shared with anyone or distributed or disclosed to third parties. It is your responsibility to notify us if you need to change or discontinue the user ID and password and you may do so by contacting us at info@ecmanaged.com. It is also your responsibility to request such discontinuation immediately upon your knowledge or belief that such user ID and/or password is or may be subject to a breach of confidentiality. We recommend that you review our Privacy Policy, which is part of these Terms of Use. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the ECMANAGED Web Site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
 
12. INTELLECTUAL PROPERTY
The ECMANAGED Web Site and all intellectual property rights included in or related to the ECMANAGED Web Site (including but not limited to copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in the ECMANAGED Web Site and the intellectual property rights remain our property. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the ECMANAGED Web Site.  Certain content is licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the ECMANAGED Web Site or its content.
 
13. OUR RELATIONSHIP
The ECMANAGED Web Site is an European project whose goal is to provide a managing solutions in the Cloud Computing area. Our application is focused on easy administration and management of an IT platform which, in addition to offering flexibility, is multihomed. It should be said that we do not perform any of the activities for ourselves or on behalf any Visitor, Sporadic User or Frequent User. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and ECMANAGED. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.
 
14. NOTICES
Except as explicitly stated otherwise or required by law, you shall provide any notices to ECMANAGED by e-mail to info@ecmanaged.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. E-mail notices will be deemed given within 1 business day CET of delivery by us.
 
15. APPLICABLE LAW AND JURISDICTION
The ECMANAGED Web Site (excluding linked sites) is operated by us from our offices in Barcelona, Spain. It can be accessed from all over the world. As each country has laws that may differ from those of Spain, by accessing the ECMANAGED Web Site, you agree that these Terms of Use and your use of the ECMANAGED Web Site shall be governed in all respects by the internal substantive laws of Spain, without regard to conflict of laws provisions. You further submit to jurisdiction and venue in the courts located in Barcelona, Spain and further agrees that any cause of action you may bring arising under your use of the ECMANAGED Web Site shall be brought by you exclusively in Barcelona Law Courts, Spain. ECMANAGED makes no representation that materials on the ECMANAGED Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
 
16. NO WARRANTY
We provide the ECMANAGED Web Site and our services “As Is”, where is, and without any warranty or condition of any kind, express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We also do not guarantee continuous, uninterrupted or secure access to our services, and operation of the ECMANAGED Web Site may be interfered with by numerous factors outside of our control. You use the ECMANAGED Web Site at your own risk.
 
17. INDEMNIFICATION
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the ECMANAGED Web Site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defence or settlement thereof; and (c) allowing you to control such defence or settlement. We shall be entitled to participate in such defence at our own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
 
18. LIMITATION OF LIABILITY
Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the ECMANAGED Web Site caused by our supplier's performance or lack of performance of the maintenance work to keep the ECMANAGED Web Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the ECMANAGED Web Site. In no event shall ECMANAGED be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, regardless of whether we knew or should have known of the possibility of such damages, and in no event shall ECMANAGED’S total cumulative liability under this agreement exceed 1.000 Eur. The limitations of liability provided in these Terms of Use inure to the benefit of ECMANAGED, our respective officers, directors, employees, attorneys and agents.  
 
19. OTHER GENERAL PROVISIONS
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
 
By clicking “I agree” below the registration form and entering your password and/or using our services and the ECMANAGED Web Site, you represent and warrant that you can form legally binding contracts under applicable law, that you are not an individual consumer, that you have authority to bind yourself and any entity you represent to these Terms of Use and that by doing so you are not breaching or in conflict with another agreement or obligation. This agreement is being executed in connection with transactions for business purposes or professional use and not primarily for personal, family or household purposes.
 
By entering your password and clicking “I Agree”, you acknowledge your agreement with the provisions contained in these Terms of Use.