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Dawid Kasperowicz

Easing Technological Pains

Terms of Service

Effective January 27, 2014

Dawid Kasperowicz, hereby known as Dawid, provides a variety of services subject to the Client’s compliance with the terms and conditions set forth in this policy.

Use of Services

  1. Dawid reserves the right to email clients periodically to outline new services, features, prices, etc. and/or important announcements such as, but not limited to: upgrades and maintenance shutdowns.
  2. Dawid failing to insist upon or enforce strict performance of any of the Terms of Service in this document shall not be interpreted as a waiver of any term or condition or right.
  3. The registered owner of an account is responsible for the actions of all parties using that account. It is the responsibility of the Client to ensure that all contact information provided is accurate and complete and kept current.
  4. Dawid will have the final say on what constitutes a violation of the Terms of Service.
  5. USE OF DAWID’S SERVICES CONSTITUTES AN UNDERSTANDING AND ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES PROVIDED BY DAWID. ANY VIOLATION OF THESE TERMS OF SERVICE MAY RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE SERVICE WITHOUT REFUND. If you do not agree to be bound by these Acceptable Use Guidelines, please contact Dawid and notify him so that initiation of a closure of your account may begin.
  6. This agreement shall be governed by the laws of the Province of Ontario, and Canada.
  7. The Client agrees to use Dawid’s services only for lawful purposes, in compliance with all applicable laws.
  8. Dawid reserves the right to investigate suspected violations of the Terms of Service.

Indemnification

  1. Client agrees to indemnify, hold harmless, and defend Dawid, his officers, employees, staff, agents, contractors, and subsidiaries, from and against any claims, actions, damages, liabilities, legal fees, losses, and other expenses in relation to any claims or actions brought against Dawid arising out of any breach by you of these Terms of Service or other liabilities arising out of your use of any of Dawid’s services, or arising out of any breach by you of use, misuse, copyright, Terms and Conditions, or other liabilities arising out of your use of other services, information and/or materials.
  2. Client agrees to defend, indemnify and hold harmless Dawid against liabilities arising out of: (1) any injury to person or propery caused by any products or services sold or otherwise distributed in connection with Dawid; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Clients from Dawid.

System Security

  1. The Client is prohibited from using services from Dawid to compromise the security or tamper with system resources or accounts on computers owned, leased, or rented by Dawid, or any other site. The use of or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.
  2. Dawid reserves the right to release the contact information of Clients involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents.

Passwords

  1. It’s the sole responsibility of the Client to secure their password for any account associated with Dawid. A secure passwords are generally 8 or more characters long, contain letters of mixed case and non-letter characters, and cannot be found in while or in part, in normal or reverse order, in any dictionary of words or names in any language.
  2. The Client is responsible for changing their password regularly. Each Client is responsible for keeping their password secure and confidential, and for changing their password if the Client feels that the security of their password has been compromised.
  3. A Client with an insecure password may be directed to change their password to one that complies with the above rules.
  4. Clients who continuously choose insecure passwords may be assigned a password by Dawid.

Arbitration

  1. By using Dawid’s services, you agree to submit to a binding arbitration if any disputes or claims arise against Dawid or his subsidiaries. Such disputes will be handled by an arbitrator of Dawid’s choice.
  2. Arbitrators shall be attorneys or retried judges and shall be selected pursuant to the applicable rules.
  3. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties.
  4. The Client is responsible for any and all costs related to such arbitration.

Disclaimer

  1. Dawid shall not be responsible for any damages the Client or the Client’s business may suffer.
  2. Dawid makes no warranties of any kind, expressed or implied for services he provides.
  3. Dawid disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any other and all service interruptions cased by Dawid and his employees.
  4. Force Majeure: Dawid shall not be responsible for any failure to perform any obligation or provide service here-under because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages or other similar force beyond Dawid’s reasonable control.

Law Enforcement Disclosure

  1. Dawid may disclose any Client information to law enforcement agencies without further consent or notification to the Client upon a lawful request from such agencies.
  2. Dawid will fully cooperate with law enforcement agencies in investigating suspected lawbreakers upon lawful requests from such agencies.

Changes to the Terms of Service

  1. Dawid reserves the right to modify this document at any time.
  2. The Client is responsible to check this document regularly.
  3. The Client is responsible to remain up to date with notices and schedules. This includes reading any and all mailings from Dawid to his clients.
  4. Dawid reserves the right to revise or discontinue any or all pricing options, packages, discounts, or any other aspect of the service being used by the Client at Dawid’s sole discretion and without prior notice.
  5. The continued use of the service by the Client shall be deemed to be an acceptance of the Terms of Service.