1) Scope and Intent
If you used the ESNET E-GROUP on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a ESNET E-GROUP Member, do not sign to this agreement, do NOT click “Register Now” and do not access, view, download or otherwise use any ESNET E-GROUP webpage, information or services. By clicking “Register Now” (or “Join ESNET E-GROUP” etc.), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Register Now,” you also consent to use electronic signatures and acknowledge your click of the “Register Now” button as one.
2) Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements. Provide accurate information to us and update these when needed. Review the notifications regarding services of ESNET E-GROUP and comply with these. Use the services in a Professional manner and use your real name on your profile.
2.1) Do not undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to ESNET E-GROUP; Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature; Create a Member profile for anyone other than a real person; Harass, abuse or harm another person, including sending unwelcomed communications to others using ESNET E-GROUP; Invite people you do not know to join your network; Upload a profile image that is not your likeness or a head-shot photo; Use or attempt to use another’s account or create a false identity on ESNET E-GROUP; Upload, publish, post, transmit or otherwise make available or initiate any content below that;
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds a content field to content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ESNET E-GROUP);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
A) Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
B) Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using ESNET E-GROUP invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using ESNET E-GROUP to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
C) Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ESNET E-GROUP or any user of ESNET E-GROUP
D) Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
E) Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on ESNET E-GROUP (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by ESNET E-GROUP;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from ESNET E-GROUP to provide any service that is competitive, in ESNET E-GROUP’s sole discretion, with ESNET E-GROUP;
Rent, lease, loan, trade, sell/re-sell access to ESNET E-GROUP or any information therein ESNET E-GROUP, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a ESNET E-GROUP Group or any other service or functionality of ESNET E-GROUP, without the express written permission of ESNET E-GROUP;
Deep-link to the Site for any purpose, (i.e. including also a link from ESNET E-GROUP’s home page to another ESNET E-GROUP web page)
Remove any copyright, trademark or other proprietary rights notices contained in or on ESNET E-GROUP, including those of both ESNET E-GROUP and any of its licensors;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from ESNET E-GROUP except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non- Members without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Use bots or other automated methods to access ESNET E-GROUP, add or download contacts, send or redirect messages, or perform other similar activities through ESNET E-GROUP, unless explicitly permitted by ESNET E-GROUP;
Access, via automated or manual means or processes, to ESNET E-GROUP for purposes of monitoring ESNET E-GROUP’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ESNET E-GROUP’s website;
Attempt to or actually access ESNET E-GROUP by any means other than through the interfaces provided by ESNET E-GROUP such as its mobile application or by navigating to http://www.esnet-egroup.eu using a web browser. This prohibition includes accessing or attempting to access ESNET E-GROUP using any third-party service, including software as a service platforms that aggregate access to multiple services, including ESNET E-GROUP;
Attempt to or actually override any security component included in or underlying ESNET E-GROUP;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on ESNET E-GROUP’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or ESNET E-GROUP personnel, attempting to gain unauthorized access to ESNET E-GROUP, or transmitting or activating computer viruses through or on ESNET E-GROUP; and/or
Interfere or disrupt or game ESNET E-GROUP or the Services, including, but not limited to, any servers or networks connected to ESNET E-GROUP, or ESNET E-GROUP’s search algorithms.
3) Your Membership
You should keep your password a secret.
You should not share an account with anyone else.
You should not copy or transfer any part of the Service.
The profile you create on ESNET E-GROUP will become part of ESNET E-GROUP and except for the information that you license to us is owned by ESNET E-GROUP. When we compare with others your account belongs to you. Regarding your password; you agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your ESNET E-GROUP account to another party; and (5) not charge anyone for access to any portion of ESNET E-GROUP, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
4) User-to-User Communication and Sharing (ESNET E-GROUP Groups, Answers, Updates, etc.)
When you share any information, others can see, copy and use that information.
ESNET E-GROUP offers various forums such as ESNET E-GROUP Groups, Answers, and Network Updates, where you can post your observations and comments on designated topics. ESNET E-GROUP also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as ESNET E-GROUP Groups. ESNET E-GROUP members can create ESNET E-GROUP Groups and Company Pages for free, however, ESNET E-GROUP, in its sole discretion, may close or transfer ESNET E-GROUP Groups or Company Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and ESNET E-GROUP cannot guarantee that other Members will not use the ideas and information that you share on ESNET E-GROUP Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any ESNET E-GROUP Group, into your Network Updates, or elsewhere on ESNET E-GROUP.
ESNET E-GROUP IS NOT RESPONSIBLE FOR OTHER PERSON’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON ESNET E-GROUP.
5) Services Availability
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
For as long as ESNET E-GROUP continues to offer the Services, ESNET E-GROUP shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ESNET E-GROUP as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ESNET E-GROUP, partially or entirely, or change and modify for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on our website or by direct communication to you unless otherwise noted. Furthermore, ESNET E-GROUP reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by ESNET E-GROUP to be contrary to this Agreement. For avoidance of doubt, we point out that ESNET E-GROUP has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
6) Connections with other Members and Interactions
We have the right to limit the connections and interactions on the Service.
You are solely responsible for your interactions with other Members. ESNET E-GROUP may limit the number of connections with other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. ESNET E-GROUP reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if ESNET E-GROUP determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
We disclaim all legal liabilities for the quality, safety, or reliability of ESNET E-GROUP.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON ESNET E-GROUP OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR ESNET E-GROUP AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ESNET E-GROUP DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.IF YOU ARE DISSATISFIED OR HARMED BY ESNET E-GROUP OR ANYTHING RELATED TO ESNET E-GROUP, YOU MAY CLOSE YOUR ESNET E-GROUP ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. ESNET E-GROUP IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH ESNET E-GROUP TO ANYONE.
IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
ESNET E-GROUP DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, ESNET E-GROUP DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR INFORMATION BY OTHERS.
ESNET E-GROUP DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ESNET E-GROUP DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ESNET E-GROUP DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ESNET E-GROUP SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
We can each end this Agreement anytime we want.
You may terminate this Agreement, for any or no reason, at any time, with notice to ESNET E-GROUP. ESNET E-GROUP may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only ESNET E-GROUP may terminate your access. Termination of your ESNET E-GROUP account includes disabling your access to ESNET E-GROUP and may also bar you from any future use of ESNET E-GROUP.
9) No Injunctive Relief
You waive your rights to try to stop ESNET E-GROUP, but we don’t waive our rights to ask a court to stop your actions.
In no event, you should not seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.