Truebid, INC. Terms of Service
IMPORTANT - PLEASE READ CAREFULLY:
This End User License Agreement ("Agreement") constitutes a valid and binding agreement between Truebid, INC. Limited (together with its affiliates, successors and assigns "Truebid, INC.") and you ("you," or "your") for the use of the Truebid, INC. Software License, either a Stand-Alone or Network version or Services, as those terms are defined below. "Services" shall mean: all 'On-line' and 'Off-line' information given to authorized user of Truebid, INC. products. You must read this 'End user license Agreement' and AGREE to its conditions in order to install and use the Truebid, INC. Software.
BY INSTALLING AND USING THE Truebid, INC. SOFTWARE, NETWORK OR BOTH YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT LOGIN, INSTALL OR USE THE Truebid, INC. SOFTWARE.
  1. License Grant Subject that you accept and AGREE to the terms of this Agreement, Truebid, INC. hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable or transferable license to download, install and use the Truebid, INC. Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Truebid, INC. Software") for use onto a computer for your sole use to install, interact with and utilize the Truebid, INC. Software, including the content and features contained therein and the services, Updates, Upgrades related thereto ("Services"). The Truebid, INC. Software may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to a Local Network or/and to the Internet that are operating the Truebid, INC. Software.
  2. 2) License Restrictions
    1. Notwithstanding anything to the contrary, you may not:
      1. Remove any proprietary notices from the Services, Truebid, INC. Software or any copy thereof
      2. Cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Truebid, INC. Software, and / or any of its Services by Hard copy or over the Internet Network
      3. sell, assign, rent, lease, act as a service bureau, or grant rights in the Truebid, INC. Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Truebid, INC.
      4. export or re-export the Truebid, INC. Software in violation of applicable export laws
      5. use the Truebid, INC. Software or Services for any commercial purpose that is not legal in your area
      6. use the Truebid, INC. Software or Services to, or in any way that would violate any applicable law, regulation or ordinance
      7. collect any information or communication about the Network or users of the Truebid, INC. Software or Services by monitoring, interdicting or intercepting any process of the Truebid, INC. Software
      8. use any type of boot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse, bot, robot, routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the Truebid, INC. Software.
    2. Furthermore, you may not use the Truebid, INC. Software or Services to develop, generate, transmit or store information that
      1. Infringes any third party's intellectual property or other proprietary right
      2. Is defamatory, harmful, abusive, obscene or hateful; © in any way obstructs or otherwise interferes with the normal performance of another person's use of the Truebid, INC. Software or Services
      3. Performs any unsolicited commercial communication not permitted by applicable law;
      4. Is harassment or a violation of privacy or threatens other people or groups of people
      5. Impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias.
    3. Truebid, INC.'s Confidential Information.
      The Truebid, INC. Software and Services contain confidential and trade secret information owned or licensed by Truebid, INC.. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding Truebid, INC., its Affiliates, the Truebid, INC. Staff, the Truebid, INC. Software and the IP Rights, strictly confidential.
      1. The Truebid, INC. Software and Services may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Truebid, INC. to enforce any of your rights. All modifications or enhancements to the Truebid, INC. Software and Services remain the sole property of Truebid, INC.. You understand that Truebid, INC., in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the Truebid, INC. Software at any time, and may at any time suspend or terminate any license hereunder and disable any Truebid, INC. Software you may already have accessed or installed without prior notice. Truebid, INC. reserves the right to add additional features or functions to the Truebid, INC. Software.
      2. Internet-Based Services Components.
        The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Truebid, INC. may, upon prior coordination with you, check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes or any other kind of changes to the Software that will be downloaded and installed to your Workstation Computer. You agree that Truebid, INC. may collect any information from your workstation in order to protect it's IP rights. All data that will be collected may be sent to Truebid, INC. servers using your Internet and network connections and infrastructure.
      3. Mandatory Activation.
        The license rights granted under this EULA require you to supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You can activate the Software through the use of the Internet or by contacting Truebid, INC. customer service; toll charges may apply. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. Truebid, INC. will use these measures to confirm that you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. Truebid, INC.'s Software may use your internal network and Internet connection for the purpose of transmitting license-related data during installation, registration, operation or update of the Software to an Truebid, INC.-operated license server and validating the authenticity of the license-related data in order to protect Truebid, INC. against unlicensed or illegal use of the Software and to improve customer service. Activation is based on the exchange of license related data between your computer and the Truebid, INC. license server. You agree that Truebid, INC. may use these measures and you agree to follow any applicable requirements.
  3. Permission to Utilize Your Computer
    In order to receive the benefits provided by the Truebid, INC. Software, you hereby grant permission for the Truebid, INC. Software to utilize the processor and bandwidth of your computer for the needs of the Entity Solutions, INC. Software.
    1. Protection of Your Computer (resources). You understand that the Truebid, INC. Software will use its commercially reasonable efforts to protect the privacy and integrity of your computer resources and your communication, however, you acknowledge and agree that Truebid, INC. cannot give any warranties in this respect
  4. Proprietary Rights
    The Truebid, INC. Software and Services contain proprietary and confidential information of Truebid, INC., including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Truebid, INC. Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Truebid, INC. and its suppliers, and except for the limited license granted to you, Entity Solutions, INC. reserves all right, title and interest in and to the Entity Solutions, INC. Software. You shall not take any action to jeopardize, limit or interfere with Truebid, INC. ownership of and rights with respect to the Truebid, INC. Software and Services. You acknowledge that any unauthorized copying or unauthorized use of the Truebid, INC. Software or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
  5. Term and Termination
    1. This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
      1. You may terminate this Agreement at any time provided you cease all use of the Truebid, INC. Software and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the Truebid, INC. Software in your possession. In case of breaching any part of the enclosed 'License Agreement' Truebid, INC. may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Truebid, INC. Software and/or Services.
      2. Upon termination of this Agreement for any reason
        1. All licenses and rights to use the Truebid, INC. Software and the Services shall terminate and you must remove the Truebid, INC. Software from your computer equipment and dispose of all originals and copies of the Truebid, INC. Software in your possession
        2. Sections 2, 4, and 7 through 10 shall survive such termination.
  6. Payment
    Unless you are using a DEMO release of Truebid, INC., You acknowledge that Truebid, INC. Software is only available to paid subscribers. If you do not wish to subscribe, you acknowledge that you cannot access functions and services only available to paid subscribers. To subscribe to the Subscription Services you must AGREE to the terms and conditions of the Subscription Service.
  7. Your Representations and Warranties
    1. You represent and warrant that
      1. You possess the legal right and ability to enter into this Agreement and to comply with its terms
      2. You will use the Truebid, INC. Software and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies
      3. You will not attempt to decompile, reverse engineer or hack the Truebid, INC. Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Truebid, INC. with respect to the Truebid, INC. Software and/or data transmitted, processed or stored by Truebid, INC. or other users of the Truebid, INC. Software
      4. you will always provide and maintain true, accurate, current and complete information as requested by Truebid, INC.
      5. You will only use the Truebid, INC. Software and Services on a computer on which such use is authorized by the computer's owner.
    2. You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Truebid, INC. Software and any of its additional parts, except to remove the Truebid, INC. Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Truebid, INC. Software License. Truebid, INC. reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
    3. If Truebid, INC. has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, Truebid, INC. may terminate this license, deny any or all use of the Truebid, INC. Software and/or Services, and pursue any appropriate legal remedies.
  8. Indemnity
    You agree to indemnify, hold harmless and defend Truebid, INC. and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Truebid, INC. arising out of or relating to your
    1. violation or breach of any term of this Agreement or any policy or guidelines referenced herein
    2. use or misuse of the Truebid, INC. Software and/or Services.
  9. Disclaimer of Warranties
    1. violation or breach of any term of this Agreement or any policy or guidelines referenced herein
    2. use or misuse of the Truebid, INC. Software and/or Services.
    3. THE Truebid, INC. SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Truebid, INC., EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Truebid, INC. SOFTWARE OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Truebid, INC. FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Truebid, INC. SOFTWARE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT DATA LOSS, NOR DOES Truebid, INC. WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF DATA MADE THROUGH THE Truebid, INC. SOFTWARE OR THE SERVICES.
    4. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Truebid, INC. SOFTWARE AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    5. THE Truebid, INC. SOFTWARE IS UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO Truebid, INC.. YOU ACKNOWLEDGE THAT INSTALLATION OF THE Truebid, INC. SOFTWARE LICENSE DOES NOT PREVENT THIRD PARTIES WHO ARE NOT AN Truebid, INC. USER THE ABILITY TO COMMUNICATE WITH YOUR COMPUTER ("OUTSIDE PARTIES"). YOU AGREE THAT Truebid, INC. WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 10(a) BELOW, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
    6. As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.
    7. Limitation of Liability.
      1. IN NO EVENT SHALL Truebid, INC., ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Truebid, INC. SOFTWARE OR THE SERVICES, EVEN IF Truebid, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      2. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Truebid, INC. SOFTWARE AND/OR SERVICES IS TO REPLACE THE DEFECTIVE CD MEDIA.
      3. As some jurisdictions do not allow some of the exclusions set forth in this Section 11, some of these exclusions may not apply to you.
  10. Support & Upgrade
    1. Support and Upgrade are provided ONLY to those users who are entitled to this service. Meaning: Only user that will pay the annual service and upgrade fee is entitled to these services.
  11. Electronic Signatures and Agreements
    1. You acknowledge and agree that by clicking on the button labeled "I AGREE", "DOWNLOAD", “ACTIVATE” or such similar links as may be designated by Truebid, INC. to download or activate the Truebid, INC. Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Truebid, INC. SOFTWARE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
  12. General Provisions
    Truebid, INC. reserves all rights not expressly granted herein. Entity Solutions, INC. may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.entity360.com. Your continued use of the Truebid, INC. Software and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and Entity Solutions, INC.. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Truebid, INC. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of the State of Israel sitting in Tel-Aviv and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Truebid, INC. Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Truebid, INC. may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
    1. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE Truebid, INC. SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Truebid, INC. THE RIGHTS SET FORTH HEREIN.
  13. ACCEPTABLE USE POLICY
    1. PRIVACY POLICY
      1. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://www.TRUEbid.com/privpol.htm.
    2. ACCEPTABLE USE
      1. All services provided by Truebid may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is strictly prohibited. Customer agrees to indemnify and hold harmless Truebid from any claims resulting from Customer’s use of the service which damages Customer or any other parties. Truebid will not be liable for any interruptions in service or other monetary loss related to a violation of this Acceptable Use Policy.
    3. Customer Obligations
      1. Customer agrees to use Truebid’ services in a manner that is legal, ethical and in conformity with community standards and to respect the privacy of others. More specifically, Customer agrees to abide by Truebid’ requirements governing the use of the various components of Truebid’ services, as described below.
      2. In consideration of your use of the Service, you agree to:
        1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data")

      3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Truebid has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Truebid has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof)
    4. MEMBER CONDUCT
      1. You understand that all information and data are the sole responsibility of the person from which such Content originated. This means that you, and not Truebid, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Truebid does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Truebid be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
      2. You agree to not use the Service to:
        1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
        2. Impersonate any person or entity, including, but not limited to, a Truebid official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
        3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
        4. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
        5. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
        6. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
        7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        8. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
        9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
        10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
        11. Collect or store personal data about other users.
      3. You acknowledge that Truebid does not pre-screen Content, but that Truebid and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Truebid and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Truebid or submitted to Truebid, including without limitation information in Truebid, message boards, file repositories, and in all other parts of the Service.
      4. You acknowledge and agree that Truebid may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
        1. comply with legal process;
        2. enforce the TOS;
        3. respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Truebid, its users and the public.
        4. You understand that the technical processing and transmission of the Service, including your Content, may involve
          1. transmissions over various networks; and
          2. changes to conform and adapt to technical requirements of connecting networks or devices.
        5. MEMBER ACCOUNT SECURITY
          1. You may receive or create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
            1. immediately notify Truebid of any unauthorized use of your password or account or any other breach of security, and
            2. ensure that you exit from your account at the end of each session. Truebid cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
        6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
          1. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
        7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
          1. Truebid does not claim ownership of Content you submit or make available for inclusion on the Service.
        8. Violations and Penalties
          1. Customers who fail to comply with the terms of this Acceptable Use Policy will be subject to the following penalties, including, but not limited to, termination of service.
          2. Complaints
            1. A $50 administration fee will be immediately charged to Customer’s account for each complaint of spam or unauthorized communication that Truebid receives involving Customer’s account. This non-refundable administration fee goes toward disputing the complaint with the complainant, the reporting service or “black list” service, and resolving the complaint. One “free” complaint per month will be allowed for each Customer.
          3. Notice of Complaints
            1. Upon receiving a complaint, Truebid will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, Truebid may temporarily suspend Customer’s service until Customer has resolved the situation to Truebid’ satisfaction.
          4. Disputing Complaints
            1. After Truebid notifies Customer of a complaint involving his or her account, Customer will have the burden of proof to demonstrate to Truebid that the complaining individual did, in fact, agree to receive communications from Customer. If Customer cannot demonstrate to Truebid that the complaining individual agreed to receive communications from Customer, the complaint will be deemed a “Confirmed Violation” of this Acceptable Use Policy.
          5. Confirmed Violations
            1. A $250 administration fee will apply, and termination of service may apply, in the event Truebid conclusively determines that Customer sent an unsolicited communication to a recipient who did not agree to receive communications from Customer.
          6. Blatant, Widespread and/or Repeated Violations
            1. In accordance with its Zero Tolerance Spam Policy, Truebid will immediately terminate the account of any Customer found to be involved in a spam campaign or other widespread or repeated violation of this Acceptable Use Policy. Furthermore, such Customer will incur a $500 penalty and all information contained in Customer’s account will be forfeit, with no consideration of retrieval. Customer will be held accountable for any monetary damages suffered by Truebid, sustained through contravention of this Policy. Such monetary damages may include, but are not limited to, loss of Web/Domain host, any costs incurred securing further Web/Domain hosting and punitive damages related to lost clients and revenues due to said violation. The determination of what constitutes a “blatant, widespread and/or repeated violation” of this policy will be determined by Truebid in a reasonable manner.
        9. PRIVACY AND DATA SECURITY
          1. Consent to Use of Data
            1. You agree that the software author and Software Add-ons Limited and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the Product. The software author and Software Add-ons Limited may use this information solely to improve our products or to provide customized services or technologies to you. The software author and Software Add-ons may disclose this information to others, but not in a form that personally identifies you.
            2. Data Protection
              1. Your data is 100% private -- we do not use the data that you put into the system for any purpose other than supporting your Evolve360° system. The data that you put in shall be and always will remain the sole property and private data of those individuals and organizations that input the data into this system. This data is never shared with any outside organizations or 3rd parties. In the event that our company becomes acquired, insolvent, comes under new ownership or any other change in corporate structure, we shall always insure that your data is completely private and never becomes compromised.
              2. Each party undertakes to comply with its obligations under the relevant EU data protection and privacy legislation including (where applicable) the EC Data Protection Directive (95/46) and equivalent national legislation
          2. Security
            The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
  14. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security