Howfile Terms of service
Howfile terms of service ("Agreement") describe the rules and principles that make up the basis of services provided to you ("Client" or "You") by Howfile ("us" or "our company". By registering with Howfile or using its services the Client agrees to be bound by the terms of the given Agreement.
1. Howfile services
Howfile offers its services to the Client on condition that the latter agrees to be bound by the Agreement in full. Within the boundaries of the Agreement:
- a. "Client" (or "you") means an individual or a company including its staff and agents, using or intending to use the Service.
- b. Howfile "Service" means electronic and interactive services provided by Howfile . We reserve the right to alter or terminate any of the Services.
2. The right to use Howfile service.
The Service is only provided to individuals or corporate organizations (companies) that possess a legal status allowing them to enter into binding legal contracts according to corresponding laws. This is to certify that the Client has authority to be involved in business activity in accordance with the corresponding legislation (within the terms of the Agreement), does not appear to be of business competition to Howfile and is of legal age (18 years old or senior) to be able to sign binding contracts as a Client.
You acknowledge that all the materials (except for the ones uploaded to the Service)presented on this web page including but not limited to information, documentation, products, product logos, graphics, sounds, GUI, software and services ("Materials") provided by Howfile or by a 3rd party - authors, developers, suppliers ("Intermediaries") belong to Howfile and/or Intermediaries. Web page elements are protected by law and may not be copied or displayed in full or in part. Howfile , Howfile logo and other products mentioned in the Agreement are an official Howfile trademark and may not be registered within some jurisdictions.
4. Client information
The Client hereby states that s/he will provide accurate, complete and current registration information to Howfile . The Client concedes to update the information if necessary and keep it full and accurate as required. In cases when the Client provides inaccurate, untruthful and incomplete information, Howfile reserves the right to freeze or terminate the registration and the Agreement.
5. Client's account
5.1 Access responsibilities
Client is fully responsible for all and any attempts at accessing the Service or using the Service (including all the actions and transactions) by authorized or identified users registered on the Clients account with the exception of cases when access to or use of the Service directly results from Howfile 's negligence. The Client is responsible for providing conditions on which authorized users will be accessing the Service not taking into account the authorization given to the user by administrator.
5.2 Authorized users
The Client may appoint trusted users that have authority to use the Service on condition that the users mentioned are able to step into binding agreements instead of the Client. Furthermore, the Client acknowledges and certifies that the person being registered as a trusted user ("Authorized user") possesses the legal rights of the Client.
5.3 Responsibility for user identification and passwords.
The Client holds full responsibility for keeping the account information safe and confidential (as well as authorized user's account information). The Client is also entirely responsible for all the actions carried out via his/her account.
5.4 Unauthorized use report
The Client hereby states that s/he will immediately report any circumstances that point at the fact that the account or account information have been accessed on an unauthorized basis. This includes:
* a. Getting a confirmation of an order (orders) placed via the Client's account that the Client had no intention of placing; any other controversial information.
* b. The Client discovers that an unauthorized access to his/her account has taken place.
6. Client's data
The Client is solely and fully responsible for the information uploaded to Howfile servers. The Client is in charge of controlling the uploaded information via the link generated by the Service. Howfile insists that Clients archive data on a regular basis. The Client takes full responsibility for archiving data and lost or irreplaceable data. The Client agrees to store the data in compliance with the law and his/her responsibilities dictated by law. Howfile removes data after the Agreement becomes invalid. Howfile reserves the right to store the client's data in its archives after it has been deleted and is not to be held responsible for the data in question.
7. Special circumstances
Howfile provides access to the Service and the Client's information to Authorized Agents that will be able to present a legal paper signed by the notary and the Client's representative. The letter should include assurances of authenticity, responsibilities and obligations necessary for using Howfile services at discretion of the latter. The client concedes that Howfile can rely on the letter and the degree of responsibility granted to the person requesting access to the Services and the Client's account. Under no circumstances does Howfile bear obligations to the Client or 3rd parties for relying on the letter or the person with the responsibilities in question.
8. Limited use
You agree not to use Howfile Services with the following purposes:
* a. Downloading, placing, emailing, sharing or any other way of publishing information that advocates terrorist propaganda, violence or displays death. In cases when we consider such information to be extremely serious, it will be reported to authorities and/or to ISP members.
* b. Causing harm to minors using any methods whatsoever including but not limited to child pornography. In cases when we consider such information to be extremely serious, it will be reported to authorities and/or to ISP members.
* c. Uploading, placing, emailing, sharing or other way of publishing information that does not comply with patent, copyright or trademark laws, discloses trade secrets or interferes with any other property rights.
8.1 Illegal content/Adult content
Howfile does not support or allow websites containing illegal content as well as other forms of transferring illegal or obscene materials and information that induce individuals to committing illegal action including gambling, illegal arms' trade, advertising and publishing materials that may break the legislation on sexism and racism.
Howfile reserves the right to freeze or terminate your registration or transaction without prior notice if you neglect the Agreement.
Furthermore, in cases of infringement of the Agreement by the Client Howfile will actively participate in helping legal authorities and the government with gathering and providing the information on the Client, the Client's website, illegal or obscene information maintenance and individuals capable of acquiring access or using the illegal or obscene content.
8.2 Illegal action
The Client must not commit or allow illegal or destructive action including but not limited to publishing of discrediting, scandalous private information concerning any person without the consent of the latter or intentionally causing moral harm.
8.3 Access and intervention
Intervention or attempts at breaking into the information system as well as attempts at influencing Howfile 's ability to provide services are strictly prohibited and are subject to criminal or civil liability. Examples of such intervention include, but are not limited to:
* a. Unauthorized access to Howfile Service, including attempts at checking and scanning the system for accessibility and security or trying to break through the information security system without the consent of Howfile Service.
* b. Interference with the process of providing services to any Client or to a group of Clients including but not limited to flooding or intentional attempts at overloading the system.
* c. Use of devices, software or code with the purposes of interfering with Howfile Service provision.
* d. Any action that is targeted at destroying Howfile infrastructure.
The Clients has no right to decompile, assort, decrypt, isolate, redesign or in any other way try to deduce the initial code of the program (including utilities, methods, processes and infrastructure) that makes the core part of Howfile software.
8.4 System resources abuse
The client hereby states that s/he will not make attempts at abusing the system resources of Howfile service including, but not limited to use of information taking excessive CPU memory or influencing the system's throughput; resale of access to the information placed on Howfile servers.
8.5 Proprietary rights and trademark legislation
Howfile Service can be used with lawful purposes only. Transfer, distribution or storage of any materials breaking laws or lawful acts, including laws on export regulation, are forbidden. This includes materials protected by patents, laws on copyright, trademarks, service marks, trade secrets and other intellectual property rights. The client is obliged to receive the preliminary consent of the author in cases when such materials are to be used. By using the Service, you declare and guarantee that you are the author and owner of copyright and/or the owner of due licenses for the represented information. You also declare and guarantee that your information does not break trademark laws and other rights of the third parties. Howfile reserves the right to suspend or terminate the transaction that breaks or is thought to be breaking the Agreement or any of the laws described above.
8.6 Other activities
Lawfully or not, Howfile reserves the right to decide which of the actions appear to be harmful to our Client's reputation or activities, including activities preventing users from utilizing the Service or the Internet.
Please pay attention that in cases when we find that an account or the information attached to the account breaks one of the rules described above, Howfile reserves the right to terminate the account and the file transfer. It is also possible that Howfile will forward complaints and report to legal authorities if necessary. In this case Howfile will provide active assistance to authorities in the investigation and criminal prosecution of such actions, which presupposes disclosure of the Client's account data.
9. Disclaimer of warranties
You acknowledge and agree that:
* a. You use the Service at your sole risk. Howfile services are provided on an "as is" and "as available" basis. Howfile and its representatives expressly disclaim all warranties including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Howfile and its representatives do not guarantee accuracy, safety and completeness as well as timely provision of services, software and information.
* b. Howfile makes no warranty that (i) the Service will meet your requirements,(ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the reliability or accuracy of the results obtained from the Service, (iv) the quality of any products, services, information or other material obtained from the Service will meet your expectations, and (v) any errors in the software will be corrected.
* c. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage or loss of data that results from the download of any such material.
* d. No advice or information, whether oral or written, obtained by you from the Service shall create any warranty not expressly stated in the given Agreement.
You agree to compensate the damages, including reasonably necessary legal services' fees, and not to hold Howfile and its affiliates and branches, management, employees and agents responsible for any claims and requirements based on your use of the Service; or infringement of the present Agreement by you or other policies, decisions and conditions by Howfile .
11. Limitations of liability
You use Howfile Service at your sole risk. If you are by any reason not satisfied with any of the aspects of the Service or the given Agreement, as well as other rules, you are free to terminate the Agreement and stop using Howfile Service. You agree that Howfile shall not be held responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses ( even if Howfile has been warned and advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered using the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct od any third party on the Service; or (v) any other mater relating to the Service.
12. Modifications to the Service and Rules
We reserve the right at any time to modify or discontinue the work of the Service with or without notice, temporarily or permanently. You agree that Howfile shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You expressly acknowledge that we can establish general practices and restrictions upon the use of the Service, including the maximum size of the Client's disk space on Howfile servers as well as the number of references (and their duration) to the Service for a certain period of time. You also realize that Howfile has the right to change Service fees without prior notice. The change of the tariff takes place as soon as the previous Agreement needs to be renewed to remain valid.
13. Termination of Service
Howfile in its sole discretion may file a warning, terminate (permanently or temporarily) or block access to the Service or discontinue the Service and stop providing services to the Client, or remove the Client's account record, as well as refuse providing services to the Client in the future in the following cases:
* a. Howfile has reasons to believe the Client has not been keeping to the rules and regulations described in the Agreement and expressly stated in other instructions.
* b. The Clients stops payments or owes funds to the Service.
* c. Howfile is not capable of checking if the information provided by the Client is correct and accurate.
* d. Howfile has reasons to believe that the Client's activities may eventually lead to legal responsibility of the Client, as well as other Clients.
Howfile reserves the right in its sole discretion to stop providing services or any of its features with or without prior notice. You agree that any termination of your access to the Service may be carried out without prior notice, and acknowledge and agree that Howfile may immediately deactivate, archive or delete your account and all related information and files in your account and/or block further access to such files or the Service. Furthermore, you agree that Howfile shall not be responsible to you or any third-party for the termination of your access to the Service.
The termination of the Agreement between the Client and Howfile nullifies the privileges granted to the Client by the Agreement and cancels the responsibilities of Howfile before the Client.
14. General information
If any item of the Agreement is canceled, the court should execute the intentions of the parties reflected in the item, while other items of the Agreement continue to operate in full. Headings for items in the Agreement serve for convenience only and do not define, limit, interpret, or describe any item of the Agreement. The inability of Howfile to undertake measures concerning infringements accomplished by a separate Client or other individuals, does not deprive Howfile of the right to undertake measures concerning subsequent or similar infringements. Any requirement or claim raised by the Client on any of the items of the given Agreement should be submitted within twelve (12) months starting with the moment of occurrence of the requirement or the basis for the claim.
14.1 Legal relations
The client and Howfile Service shall be treated as independent contractors. The given Agreement does not provide and does not create such forms of legal relations with the Client as establishment, company, joint venture, labour relations and trading relations.
14.2 Grant of rights
This Agreement does not allow the Client to grant any of his/her rights to anyone or attribute responsibility to another individual. Any attempts at granting these rights shall not have legal force.
14.3 Force major circumstances
Our Service providing activities may be discontinued due to certain circumstances of insuperable force. We are not responsible for any setbacks or inability to provide services to Clients as the result of circumstances, direct or indirect, that are described as circumstances beyond control.
If any of the items of the given Agreement is canceled, the item should be bypassed, with the least damage of interests to both parties, while other items of the Agreement continue to operate in full. Headings for items in the Agreement serve for convenience only and do not define, limit, interpret, or describe any item of the Agreement.
15. Abuse management
Illegal files shall be immediately removed. Moreover, the files shall be added to a special filter that will prevent the files from appearing again. Please report files of the kind to the abuse department. Make sure you send us the link to the file.
16. Additional information
Please feel free to send your questions on the legal Agreement vio email to firstname.lastname@example.org.