total-e-now terms & conditions

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Agreement to rules of user conduct

You agree to abide by total-e-now's Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of our Acceptable Use Policy is attached (see Termination).

Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of total-e-now, and you acknowledge that total-e-now is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by total-e-now or any association with its operators.

Proprietary Rights

You acknowledge and agree that all content and materials, available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by total-e-now, you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from total-e-now is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of total-e-now. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please see below.

User's Grant of Limited License

By posting or submitting content to this site, you:

• grant total-e-now and its affiliates and licencees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
• warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by total-e-now will not infringe or violate the rights of any third party.

Procedure for making claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify total-e-now. See below for instructions.

Disclaimer of Warranties

All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. total-e-now, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability

Under no circumstances shall total-e-now, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if total-e-now has been advised of the possibility of such damage. because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, total-e-now's liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

Upon a request by total-e-now, you agree to defend, indemnify, and hold harmless total-e-now and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this site. total-e-now reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with total-e-now in asserting any available defences.

International Use

total-e-now makes no representation that materials on this site are appropriate or available for use in locations outside the United Kingdom, 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.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the Law Courts of the United Kingdom and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and total-e-now with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and total-e-now with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Registration Agreement

Your use of total-e-now software products (the "Software Products") constitutes your acceptance and agreement of the following: You understand and reaffirm your agreement to total-e-now's then-current Terms and Conditions. You further agree and acknowledge that by using the Software Products, you will be subject to any applicable charges as set forth in the terms and conditions of the pricing plan you have chosen.

You understand that your use of the Software Products are at your own risk. The Software Products are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

total-e-now is in no way liable for any claims arising from your use of the Software Products. As a condition of your use, you agree to indemnify total-e-now for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software Products. total-e-now reserves the right, in its sole discretion and at any time, to modify or discontinue the Software Products; limit, terminate or suspend your use of the Software Products; assess charges for the use of the Software Products in the future; and/or make changes to this Registration Agreement.

Acceptable use Policy

The Client shall not use total-e-now:

• to send receive make available copy retransmit broadcast or publish (whether directly or indirectly and whether in cached mirrored or proxy form or otherwise) any statements or material which:
  • infringes any copyright moral right patent or other proprietry (including without limitation intellectual property) right of any person or entity; or
  • infringes any applicable law regulation or right of any person or entity including without limitation rights under contracts and of confidence laws relating to defamation contempt blasphemy infringement of privacy or personal data rights malicious falsehood seditious libel and any equivalent or related laws in any territory in which they are or may be accessed or made available;
  • are or may be in places where they are accessible or made available, offensive, abusive, indecent, obscene or menacing or which are likely to encourage or are capable of encouraging anything which is in any way unlawful or to incite violence sadism cruelty or racial hatred or which promotes or facilitates prostitution or which are likely to mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise;
• to cause annoyance inconvenience or needless anxiety;
• other than in conformance with policies of any connected networks and the Internet Standards (Internet Standards means the protocols and standards set out in the Internet Request for Comment documents STD0001 and any future similar protocols and standards including those used by RIPE [the European Internet Registry] Internic and Nominet);
• to use a Name (Name means any name specifically requested by or allocated to the Client for the provision of total-e-now and shall include without limitation any domain name or mailbox name) such as to infringe the rights of any person whether in statute or common law in a corresponding trademark or name;
• in a manner which occupies communications capacity or bandwidth frivolously vexatiously or in a manner which is intended to or may inhibit any other person's use thereof including without limitation by use of facilities intended to substantially fill the communications capacity of leased lines such as SPAM UCE TCP Sprayers and Flood Ping;
• in a manner which permits IPIP packets to be sent with source addresses outside the IP address range granted to the Client;
• to send unsolicited bulk email. The Client must have explicit permission from all destination addresses before sending an email in any quantity. The Client may not assume that it has been granted permission by passive actions such as the posting of an article to Usernet or a visit made to the total-e-now or Client's website. Where the Client has acquired explicit permission either on a website or through some other relationship the Client should keep a record of this permission and must cease sending email when requested to stop;
• to relay unsolicited bulk email. Operators of email systems must ensure that they do not further the sending of unsolicited bulk email by others. This applies to both material that originates on the Client's system and also third party material that might pass through it. This includes but is not limited to a prohibition on running an "open mail relay" viz a machine which accepts mail from unauthorised or unknown senders and forwards it onward to a destination outside of the Client's machines or network. If the Client's machine does relay email on an authorised basis then it must record its passing through the system by means of an appropriate "received" line. However nothing in this clause shall prevent the Client from running an "anonymous" relay service provided that the operator monitors it in such a way as to detect unauthorised or excessive use.

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Requesting Permission To Use Copyright Materials

This website contains documents (including product information, help files, articles, etc.), photos, icons, and other copyright materials owned by us or our content providers. The following information applies only to materials we own. You must contact the copyright owner for permission to use third party materials.

Do I Need Permission? You are authorised to view, copy, download, and print for personal use only any copyrighted materials we own that are available on this web site, subject to the following conditions:

• The documents may be used solely for personal, non-commercial, and informational purposes. They may not be posted or distributed.
• The documents may not be modified.
• All copyright and other proprietary notices must be retained in the document. This permission does not extend to materials owned by other content providers that appear on this web site. You may not reproduce, copy, or redistribute the design or layout of this website, inspanidual elements of the website design, or our logos without our express written permission.

Permission for Commercial Use - reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without our express written permission. Permission is granted only when certain limited criteria are met. To request such permission please send email to info@totalenow.com.

Please identify the requested material and the website on which it is found in the subject line, include all of the following information in the body of the message:

• The content you wish to use and the URL where it is located.
• Where and how it will be used (for example, in an Internet use manual, in a newsletter, or in a movie).
• Where and how copies will be distributed and to what audience.
• How many copies will be produced and distributed.
• When you intend to publish, and your deadline for a response (no shorter than 1 week please).
• Other materials that will be associated with our content.
• Your name, title, company, address, email address, and phone number. In addition, please provide an example or mock-up of the intended use, either by sending a file attached to your email (in a format readable with a PC), or by fax to +44 (0)20 7294 4999. We will need all of the above in order to evaluate your request. Please expect 7 to 10 days for processing all requests. We reserve the right to refuse permission to copy, distribute, broadcast, or publish any of our copyrighted material.

Thank you for your cooperation.

Procedure For Making Claims Of Copyright Infringement

total-e-now and its affiliated companies respect the intellectual property of others, and we ask our content partners and those posting to this site to do the same. If you believe that your copyright work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

• the electronic or physical signature of the owner of the copyright or the person authorised to act on the owner's behalf.
• a description of the copyright work that you claim has been infringed and a description of the infringing activity.
• identification of the location where the original or an authorised copy of the copyrighted work exists. For example the URL of the website where it is posted or the name of the book in which it has been published.
• identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
• your name, address, telephone number, and email address.
• a statement by you, that you have a good faith belief, that the disputed use, is not authorised by the copyright owner, its agent, or the law.
• a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

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