Canvid - Video Conferencing - Home Edition Terms of Service These Terms of Service (“TOS”) constitute an agreement (“Agreement”) between you (either individual or an entity) and CSC Global Technologies Inc., its suppliers and licensors (Collectively referred to as “CSC”) for the Canvid Home Edition Services (“Services”). The Services include text messaging, audio messaging and video conferencing and associated upgrades, support and access to our servers and website as described. You have to be a subscriber in good standing with CSC to receive the Services and that you have not violated any of the terms and conditions of the Service. Furthermore, you must have a valid credit card on file with CSC to pay for charges for the Services. Your purchase of the Services will mean that you have read and fully accept TOS. The TOS may be updated from time to time without notice. You can review the changes by visiting our website. You continue use of the Services will mean that you accept all such changes. Services Services are provided only to fully paid subscribers. The Services include providing you one on one text messaging. This feature is similar to private chat room where you can communicate with any other member of the Services through sending and receiving text messages in real time. The second feature of the Services includes voice messaging. This feature allows you voice communication with other members of the Service. The transmitted and received voice messages uses voice over IP protocol. If you wish to establish voice communications with any other member of the Service, that member must accept your request to establish such communications. You can not establish voice communications without the permission of the other user which the other user grants by clicking ACCEPT to text message automatically sent by you to the other user. You need a device (microphone) connected to your computer to send voice message and you need a device (speaker(s)) connect to your computer to receive voice messages. The third feature of the Service is video conferencing. This feature allows you to establish and communicate with other users of the Service video conferencing in real time. Similar to voice communications, the video conferencing can only be established with permission from the other users of the Service. When you request video conferencing with any other user of the Services by clicking on Video box, the Service automatically sends them message of such request and they can accept or reject it. In addition to above outlined features of the Services, you understand and agree that the Service may include advertisements, communications from CSC, announcements, administrative messages, e-mails and you will not be able to opt out of receiving it. You understand and accept that the Services are provided “AS-IS” and that CSC assumes no responsibility for proper download, installation, functioning, and establishing the Services. The website outlines the proper instructions and we assume no responsibility if such instructions are not followed properly. This applies to our current Services and any upgrades offered by CSC in the future and the TOS applies to all features offered under the Services. To use the Service, you must have access to World Wide Web through a dial up modem, cable modem, DSL or satellite link, a computer with minimum PII processor, a webcam, a built in or external microphone, and Windows operating system on your computer. Membership In order to become a member, you must accept the TOS and complete the registration form. You agree that in completing the registration form you will provide completely true and accurate information about yourself. Failure to provide true and accurate information will lead to cancellation of the Services and refusal to grant you membership in the future. The members are expected to follow the code of conduct in using the Services and if you abuse the code of conduct and there are legal proceedings resulting from such abuse, you agree that CSC, in addition to terminating the Services, will forward your personal information to proper authorities. As a member you create a username and password for yourself. It is your responsibility to protect the password because you will be responsible for all activity from your account. Your username will be available to all members and the members will identify you by your username. No one can use the Services under your username unless they have your password as the Services authenticate each user through password before allowing entry into the Service. As a member you agree that it is your responsibility to control the contents you transmit and receive to and from other users of the Service. You also agree that if you sign up your child as a member of the Services, you will be responsible to determine whether the child is using the Services appropriately and that there is no harm to the child from the text, audio and video communications your child is conducting with other users of the Service. Children who use the Service are assumed to have parents or guardian consent before they use it. Under no circumstances will CSC be liable in any way, form or shape for any contents that you have transmitted or received in text, audio and video format from and to any other member of the Services during your membership to the Services, including any errors or omissions, quality of text, audio and video, availability of Service or any loss or damages of any kind incurred as a result of the use of the Services. Payment You agree to pay CSC the monthly service charges for your membership to the Services. The payment is through a valid authorized credit card and it includes CSC charges plus any applicable taxes. The payments are monthly, non-refundable, billed in advance at the beginning of a month. If you cancel your service during the month for which the advance payment had been made, CSC will not refund any remaining portion of the payment for that month. A failure to make payment on time when payment is payable and due will result in immediate termination of Services without notice. Term The term of Service continues on a month-to-month basis. The sign-up date to the Service is the date upon which you register. The Service will automatically notify you of expiration at the first use of the Service after the expiry date. You will be given the opportunity to renew the Service at that time. Termination You may cancel the Services at any time. As outlined above there will be no refund for any payment billed to your credit card. You can cancel the Services through the facility provided on the website or through e-mail. You agree to provide CSC minimum of 24 hour notice of cancellation if you choose to use e-mail for cancellation. You understand and agree that if you have any dispute of whatsoever nature regarding the Services with CSC that cancellation of your subscription is your sole right and remedy with respect to such dispute. You agree and accept that there is no other remedy to your disputes with CSC and you will not seek any other remedy except cancel your membership to the Services. CSC may also, under certain circumstances, terminate your membership to the Services without prior notice. Such circumstances include but not limited to (i) breach or violation of TOS (ii) breach of code of conduct (iii) non-payment of monthly charges when due and payable (iv) CSC’s inability to provide satisfactory text, audio and video communications to you due to technical, political, or legal reasons. Privacy Policy Your personal information that you provide to CSC during registration, is subject to CSC’s Privacy Policy which you can review at http://www.canvid.com Password and Security You select your username and password when you register for the Services. You are responsible for maintaining the confidentiality of the password. CSC cannot and will not be liable for any loss or damage arising from your failure to protect your password as the miss-use of your membership can only take place by someone gaining entry into the Services under your password. Code of Conduct You understand that when you consent to hold voice and/or video dialogue with users other than the people known to you and are friend & family, you are exposed to receive objectionable material. There is possibility that at times the material sent by the people known to you may also be objectionable to you. Furthermore, you or the person allowed by you can only send objectionable material. This means that you and only you and not CSC responsible for receiving and transmitting any objectionable material. Once you make the connection between you and other member of the Service, especially for voice and video communications, you are directly connected to each other and the CSC servers are by-passed in respect to video and audio contents. CSC does not have any control over what content are being transferred back and forth. Therefore, CSC under no circumstances will be liable in any way for any contents delivered and received whether objectionable or not. You agree to not use the Services to: (i) send any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, harm minors in any way, stalk or harass anyone. (ii) post or send "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (iii) Upload, post or send viruses harmful to the equipment used by CSC or the members of the Service (iv) violate any law of the land whether it be local, state, provincial, federal, international intentionally or unintentionally. International Members The Service is available to users all over the world. We have established fairly good code of conduct but the governing laws of different countries may require different compliances. Therefore, you agree to comply with all local rules regarding online conduct, text messaging, audio messaging and video conferencing or general use of the Services in your country of residence. Indemnity You agree to indemnify and hold CSC and its subsidiaries, affiliates, officers, agents, associates, corporations, joint ventures, partnerships, divisions, employees, agents, heirs, assignees, designees, or consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the Service, connection to the Service, your violation of the TOS, or your violation of any rights of another. Conditions of Service You may only use the Services for your private, non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application. You may not, under any circumstances, distribute the Services to parties who are not members of the Service and who can only be contacted by using their registered username with the 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. Modifications to Service CSC 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 CSC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Disclaimer of Warranties and Limit of Liability THE SERVICE IS PROVIDED “AS IS’ AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CSC FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CSC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OF SERVICES. FURTHERMORE CSC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED AT ALL TIMES (iii) THE QUALITY OF TEXT, AUDIO AND VIDEO PROVIDED BY THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE DOWNLOADED FOR THE USE OF THE SERVIES IS DONE AT YOUR OWN RISK AND THAT CSC IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM RESULTING FROM THE DOWNLOAD OF SOFTWARE. YOU EXPRESSIVELY UNDERSTAND AND AGREE THAT CSC IS NOT LIABLE FOR ANY DAMAGES OF WHATSOEVER NATURE. IN THE EVENT YOU HAVE CLAIM FOR DAMAGES FROM THE USE OF THIS SERVICE, YOUR SOLE REMEDY IS THE CANCELLATION OF THE SERVICE AND ABSOLUTELY NO OTHER REMEDY FROM CSC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,ASSOCIATES, CORPORATIONS, JOINT VENTURES, PARTNERSHIPS, DIVISIONS, E MPLOYEES, AGENTS, HEIRS, ASSIGNEES, DESIGNEES, OR CONSULTANTS. DESPITE THE FOREGOING, IF A COURT AWARDS DIRECT DAMAGES FROM A DISPUTE BY YOU WITH CSC FOR ITS SERVICES, SUCH DAMAGE SHALL NOT EXCEED THE LOWER OF AMOUNT ACTUALLY PAID BY YOU TO CSC UNDER THIS TOS OR US$20.0 . Notices CSC may mail all notices specific to you via your e-mail address and notices of general nature are to be posted on this website. It is your responsibility to keep yourself advised by periodically reading the posted notices. Governing Law This Agreement is governed by the laws of the Province of Alberta, Canada and you and CSC attorn to the jurisdiction of the courts of Alberta. Entire Agreement This Agreement constitutes the entire agreement between you and CSC hereto with respect to the Services hereof and cancels and supersedes any prior understandings or agreements, whether written or oral, with respect to the Services herein. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, or other duties or obligations between the parties respective the Services hereof other than as expressly set forth in this Agreement. No Assignment This Agreement may not be assigned unless agreed to in writing by CSC hereto; Headings All headings in this Agreement are inserted for ease of reference only and shall not affect the construction or interpretation of this Agreement.