You should carefully read the following Terms and Conditions and licensing agreement.
Grant of license
Subject to the terms of this Agreement, Smax Software Limited hereby grants to you a non-exclusive and non-transferable License to use the server administration software CMS in order to update, maintain, build and manage the content on your site.
All source code remain the property of Smax Software Limited and cannot be transferred or copied under any circumstances. Payment of a Smax Software Limited website or portal system allows exclusive rights to use the software on your website but does not transfer ownership or copyright. The monthly or yearly charge covers web hosting, support and licensing of the software. The use of a Smax Software Limited website is subject to the website hosted on Smax Software Limited cloud servers. No access to source files via ftp or otherwise will be granted to ensure the security of our servers.
We define a Smax Software Limited website to be a site driven by our propriety CMS on our cloud servers.
1. You cannot:
· Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Offer to sell any pornographic goods or services
Conduct email spamming.
- If any Customer is involved with "spam" sent from our network, and/or spam sent from other networks attempting to advertise the Customer's site or service hosted on the network, the Customer agrees to be fined £200 per message this is to ensure the integrity of our servers.
- Download for distribution in any manner any file that contains obscene, indecent, profane, derogatory, defamatory or copyrighted material. · Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
We may offer the software on a trial basis to tryout.
At the end of the trial a subscription will be required to continue to use your site. We use Paypal subscription service. We do not store any sensitive credit card information on our servers.
No payment details are required to activate a trial.
Hosting and payment
All sites will be hosted on Amazon EC2 cloud servers.
If the regular payment cannot be taken the administration area will be limited in function. The site will remain live and a period is given to make a payment or restart regular payments. If at the end of this time payments are not met the website will be deleted from the system.
Indemnifications and liabilities
1. Smax Software Limited makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, and services contained on this web site for any purpose. All such information, products, and services are provided "as is" without warranty of any kind.
2. Smax Software Limited hereby disclaims all warranties and conditions with regard to the information, products, and services contained on this web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
3. In no event shall Smax Software Limited be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected· with the use or performance of your web site or multiple site content management system,
· with the delay or inability to use your web site or hub,
· with the provision of or failure to provide services, or
· for any information, software, products, services and related graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Smax Software Limited has been advised of the possibility of damages.
4. Smax Software Limited reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.
5 . This Agreement shall be governed by and construed in accordance with Irish law Binding Effect. This Agreement shall be binding upon all who use Smax Software Limited ’s services, property, and other assets mentioned in this agreement with respect to this Web site and associated content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
6. We reserve the right to delete any website we believe may have breached the terms & conditions set above.