THE TERMS AND CONDITIONS SET FORTH BELOW ("TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB ("SITE") OF Echidna AND THE SERVICES AVAILABLE ON THIS SITE ("SERVICES") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Echidna IS PROVIDED BY INET SOLUTIONS PTY LTD. YOU AGREE THAT INET SOLUTIONS MAY MAKE CHANGES TO THESE TERMS AT ANY TIME. WE WILL NOTIFY YOUR ORGANISATION’S SYSTEM ADMINISTRATOR/S OF SUCH REVISIONS IN WRITING VIA EMAIL AND BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING UPDATED TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, INET SOLUTIONS MAY MAKE CHANGES TO THE SERVICES AT ANY TIME.
Access to the Echidna database is conditional on receipt of ongoing monthly payments as agreed with your organisation. Failure to make agreed payments will result in access to the site being disabled until all outstanding payments are made.
Monthly payments are as agreed and may be changed with a
minimum of three month’s notice.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If Inet Solutions becomes aware of any of the foregoing activities, Inet Solutions may investigate and may respond, and when appropriate, Inet Solutions may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Inet Solutions expressly prohibits and you agree not to:
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Inet Solutions reserves the right to terminate our relationship with you under these terms and prohibit your access to the Site and/or Services.
The foregoing prohibitions do not impose on Inet Solutions, and Inet Solutions does not assume, any obligation to monitor or remove any Content or other communication posted by you or any other user.
Access to the Services on the Site requires you to set up user names and passwords. You agree that all users in your organisation assume sole responsibility for the security of Passwords issued or created by them. Passwords are subject to cancellation or suspension by Inet Solutions at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Inet Solutions immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Inet Solutions or others used on this Site and in the Services are the property of Inet Solutions or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of Inet Solutions or the respective owner, and nothing contained on this Site grants by implication, waiver, or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Inet Solutions, Inc. Copyright © 2010, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless Inet
Solutions and its affiliates, representatives, partners, agents and employees
from and against any and all liabilities, claims, costs and expenses, including
attorneys' fees, that arise out of or in connection with your use of the Site
and/or the Services, or a breach of
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Inet Solutions, and agree that Inet Solutions does not warrant the accuracy or timeliness of the Materials and further agree that Inet Solutions has no liability for any errors or omissions in the Materials, whether provided by Inet Solutions or its licensors.
INET SOLUTIONS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY THIRD PARTY SOFTWARE AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. INET SOLUTIONS PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
NEITHER INET SOLUTIONS NOR ANY OF ITS AGENTS, AFFILIATES, OR PROVIDERS OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF INET SOLUTIONS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
This agreement will be terminated upon notification in writing of your organisation’s intent to cease use of the site or on failure to meet the monthly payments for a period of six months. In the event of termination of the agreement Inet Solutions will remove all data pertaining to your organisation from the site.