Terms of Service and Conditions of Use of this network

1. Introduction

This website and associated network, together with all related discussion forums, directories and databases, is provided and managed by Herbert Street Technologies Limited (“HST”), a company registered in Ireland with its registered office at 16 Herbert Street, Dublin 2.

2. Membership and personal use limitation

Access to and use of the network is available only to members using passwords and usernames allocated to them upon receipt of a completed online registration form. You agree to keep secure and not provide or disclose to or share with any third parties any username or password you use to access the network, and you will not log into the network using a third party's username or password.

3. Access restriction

We reserve the right in our sole discretion to deny any user access to the network or any portion thereof without notice.

4. Facilities and Content

HST makes no representations about the suitability of the content, material or information contained in the pages, documents, downloads and graphics published on the network. All Content is provided on an "as is" basis without warranty of any kind. HST hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and non-infringement.

While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free. The Content could include technical inaccuracies or typographical errors. We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions.

Changes are regularly made to the Content. HST may make improvements and/or changes to the Facilities and/or the Content of the website/ network at any time without notice.

Other than in accordance with these terms and conditions or with the prior written consent of HST, you may not modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.

5. Backups

We do not currently operate a backup procedure. Files uploaded to the network are duplicates of files on your local PC and, therefore, can be regarded as backups to files already owned by you. However, we will in the future introduce a backup procedure for which we may charge. We disclaim any liability for lost, damaged or destroyed data and recommend that you operate your own backup procedure. Data in your Private Box and in Meeting Rooms on the network may be compressed and downloaded for local archiving. In fact, we recommend that you regularly clear old files off your network disk space jn order to use the disk space more efficiently.

6. Charges for use of network facilities

Membership of the network is currently free, although there may be charges for specific features or facilities. It is our intention that there will be a charge for membership someday. However, you will be given at least one month’s notice before such charges are introduced.

7. Your warranty to us

You will not use the network for any purpose that is prohibited by these terms and conditions. You warrant that all images, logos or other materials you upload or provide for use on the web sites do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and that you are entitled to upload or provide them for display on the web site. You warrant that your use of the web sites will be for lawful purposes only and you indemnify us against all claims, losses, liabilities, costs damages and expenses incurred by us due to any breach by you of these terms and conditions.

8. Limitation of liability

For the avoidance of doubt, we do not limit our liability for death or personal injury to the extent only that it arises as a result of our negligence or the negligence of our affiliates, directors, employees or other representatives.

In no event will HST be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or tort, arising out of or in connection with the use of Content available from this network, or the performance of software, provision of or failure to provide Facilities.

HST does not exercise editorial control over communications or materials which may be transmitted to the web site for inclusion in interactive discussion forums or databases or between individual members of the network. HST takes no responsibility for such communications or materials.

9. Third party links

The web site contain links to third party web sites, including but not limited to those of members of the network, which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site.

In the event that any of these terms and conditions conflict with the terms of use or other terms and guidelines contained within a third party web site, then these terms and conditions will prevail.

HST makes no representations whatsoever about any third party web site which you may access through the web site. When you access a third party web site, you agree that it is independent from HST, and that HST has no control over any content on that web site. In addition, a link to a third party web site does not mean that HST endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever link you select for your use is free of such items as viruses, worms, Trojans and other items of a destructive nature.

In no event will HST be liable to any party in respect of any direct, indirect, special or other consequential loss or damage for any use of third party web sites, or any other hypertext-linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

10. Intellectual property and copyright

All intellectual property rights and copyright in this network and website, its encryption software, its Content, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the web sites are reserved to HST.

11. HST downloads

You may download encryption software from this network provided that you agree to the terms of the licensing agreements accompanying the software on the web site.

12. Trade mark guidelines

All logos, and other HST related marks or logos (the "Marks") are trademarks or registered trademarks of Herbert Street Technologies Ltd. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

13. Modification of these terms and conditions

We reserve the right to change these terms and conditions of use at any time without cause, such changes will become effective as soon as they are on the web site and by continuing to use the web site following such changes you will be deemed to have accepted such changes.

14. Law and Jurisdiction

All disputes arising out of or relating to the use of the web site will be governed by Irish law and all parties agree to submit to the exclusive jurisdiction of the Irish courts.