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Terms of Service

1. Acceptance of Terms

Welcome to Esus.com. Esus.com provides its service to you, subject to the following Terms of Service ("TOS"). Your use of this website constitutes the acceptance of these conditions. So please read them carefully. This document may be updated by use from time to time without notice to you. You can always review the current version of the TOS at any time at http://www.esus.com/docs/Terms.jsp. By using this site, you agree to access this website only as permitted by applicable law and these Terms and Conditions, and additional policies or procedures published on the site from time to time. The users of this site agree to review these Terms and Conditions from time to time for changes and updates.

2. About the service

Esus.com provides the users with resources to share technical knowledge about the Java(tm) Programming language. The content that the user uploads posts or communicates (the "submissions") should follow the community guidelines. You also understand and agree that the service may include advertisements and that these advertisements are necessary for Esus.com to provide the service at a reasonable fee. Unless explicitly stated otherwise, any new feature that augment or enhance the current service shall be subject to the TOS.

3. Membership obligations

You are responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider charges). It is your responsibility to find the equipment (ie computer, modem and/or other devices) necessary to make such a connection to the Internet. In consideration of your use of the website, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the Registration Form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, or not current, or if Esus.com has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Esus.com has the right to disable or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

4. Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. It can be obtained at http://www.esus.com/docs/Privacy.jsp.

5. Password, Access Control and Security

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 immediately notify Esus.com of any unauthorized use of your password or account or any other breach of security. Your password is personal, you may not share it with others. You may be logged in from only one computer at any time. Esus.com monitors the access to its member's area. If Esus.com has reasonable grounds to believe that your account is being used by any person other than you, Esus.com has the right to disable or terminate your account and refuse any and all current or future use of the site (or any portion thereof) without refund.

6. Submissions

Esus.com does not claim ownership of you submissions. You grant Esus.com royalty-free and irrevocable use to reproduce, modify, publish, translate, distribute and display your submissions throughout the world in any media. Esus.com is granted the right to use your name in connection with such submissions. You warrant that you own all the rights to the submissions that you post; that the submission is accurate; that use of the submissions you supply does not violate this policy and will not cause injury to any person or entity. If you are a member of Esus.com, you grant Esus.com the right to control access permissions to your submissions to other members. You understand that all information, data, text, software, graphics, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service.

Esus.com does not guarantee the accuracy, integrity or quality of the submissions. Under no circumstances will Esus.com be liable in any way for any submissions, 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 submissions posted, emailed, transmitted or otherwise made available via the service. You acknowledge that Esus.com does not pre-screen the submissions, but that Esus.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any submissions that is available via the service. Esus.com shall have the right to remove any submissions that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any submissions, including any reliance on the accuracy, completeness or usefulness of the submissions.

6. Indemnity

You agree to defend, indemnify and hold harmless Esus.com from and against all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the site or resulting from, or alleged to result from, your use of the site or your violation of this agreement.

7. Limitations

You acknowledge that Esus.com may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that articles, or other uploaded content will be retained by the service, or the maximum size of articles or other uploaded content can have. You agree that Esus.com has no liability for the deletion or failure to store any uploaded content maintained or transmitted by the service. You further acknowledge that Esus.com reserves the right to change these general practices and limits at any time.

8. Termination

You agree that Esus.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the service, if Esus.com believes that you have violated or acted inconsistently with the letter of spirit of the TOS. Further, you agree that Esus.com shall not be liable to you or any third-party for the termination of your access to the service.

9. Advertisements

This web site contains links to Internet web sites maintained by third parties. Esus.com does not operate or control in any respect any information, products, or services on such third-party sites. The user assumes sole responsibility for use of these third-party links. Esus.com has no editorial control over any content supplied by third party content providers. Any resources, opinions, advice, or other statements made or expressed by such third parties are those solely of the third party. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Esus.com site, including payment and delivery or related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Esus.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

10. Proprietary Rights

you acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Esus.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. You agree not to access the service by any means other than through the interface that is provided by Esus.com for use in accessing the service.

11. Copyrights

Esus.com respects the intellectual property of others. We rely on users of the site to bring copyright violations to our attention. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please write to joris@esus.com.

12. Liability Disclaimer

THE ESUS.COM WEBSITE AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESUS.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL ESUS.COM BELIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THIS SITE. ESUS.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTENT PROVIDED ON THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT. AT ANY STAGE IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ESUS.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ESUS.COM WEB SITE. THE RELATIONSHIP BETWEEN YOU AND ESUS.COM SHALL BE GOVERNED BY THE LAWS OF BELGIUM. YOU AND ESUS.COM AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF BRUSSELS JUDICIARY TERRITORY.




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