PRIVACY POLICY

PaxMondeo is committed to protecting your Personal Information in accordance with the Privacy Act 1988 (Privacy Act). Personal Information under the Privacy Act includes any information by which a person's identity can be reasonably determined.

Our Privacy Policy sets out the manner in which we may collect and treat Personal Information and the choices you have regarding our use of, and your ability to correct this information.

Our policy allows you to choose what kind and how much information you provide to us and to control how we use whatever information you give us. Our goal is to provide you with a satisfying experience while allowing you to control your privacy and to give you a means to voice any questions or concerns you may have.

This policy applies only to PaxMondeo, PaxiGo and PaxiBox and not to other companies' or organisations' websites to which PaxMondeo may be linked.

Collection of information

Information is collected from you primarily to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked to provide information such as your name, email address or information about what you like and do not like. It is entirely your choice whether to respond to these questions or not.

PaxMondeo collects two types of information. The first type is anonymous information. For instance, we may collect information to tell us that five thousand people visit this Privacy Policy today, but we do not know their names, where they live or their date of birth - they are 'anonymous' to us.

The second type of information that PaxMondeo, PaxiGo and PaxiBox collects is personal information. PaxMondeo, PaxiGo and PaxiBox will collect personal information that lets us know the specifics of who you are including your name, email address, or postal address, when you provide it to us. With this information, PaxMondeo, PaxiGo and PaxiBox can provide a variety of personalised and enhanced services that are not available to anonymous users. We hope that you will find it beneficial to provide individually identifiable information about yourself to us because it will make our services more valuable to you.

We collect this information,

• from the use of our web sites
• from application forms
• from use of our connectivity services
• from third parties
• where legally required to do so

Sometimes, we may specifically ask for personal information about you when you sign up to use a service or submit a request. Certain information may be required, such as your name, company, internet address or screen name, billing address, type of computer or credit card number in order to provide that service or product to you.

This information may also be used to,

• Identify you for permission to access our services
• Provide you with invoices
• Gain an understanding of your needs in relation to our service and potential services
• Check for credit worthiness or fraud
• Contact you where necessary in relation to your use of our services
• Provide newsletters and other notifications
• Test and develop our services and systems
• Management purposes
• Research purposes

You can choose not to receive such information. We may also ask about your interests, but it is your choice whether to respond. How much of your personal information that you choose to disclose to PaxMondeo, PaxiGo and PaxiBox is completely up to you. The only way we know something about you personally is if you provide it to us, for example when you leave feedback on our website.

Use of anonymous information

PaxMondeo, PaxiGo and PaxiBox automatically gathers anonymous information to monitor the use of PaxMondeo, PaxiGo and PaxiBox  like the numbers and frequency of visitors to PaxMondeo, PaxiGo and PaxiBox and its areas, very much like radio ratings that tell the stations how many and what people tuned in to their  programs. We only use such data in the aggregate. This collective data helps us determine how much our target market use parts of the site, so we can improve and provide services that are as appealing as possible to as many users as possible. PaxMondeo, PaxiGo and PaxiBox may publish or provide this aggregate data to other people.

Use of personal information

PaxMondeo, PaxiGo and PaxiBox will only use the personal information you have chosen to provide us for the purpose for which you provided it. PaxMondeo, PaxiGo and PaxiBox will not use it for any other purpose without your consent.

Please note that some information may remain in backups of our records after deletion of your account, but diligent efforts will be employed to remove your information, and we may retain certain of your information if we believe in good faith that retaining such information is necessary to comply with law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of PaxMondeo, our employees, our users, or others.

Cookies

The PaxMondeo, PaxiGo and PaxiBox sites currently do not store personal information in cookies or leave cookies on your system.

Disclosure

There will be occasions where it will be necessary for PaxMondeo, PaxiGo and PaxiBox to disclose your personal information to third parties. PaxMondeo Pty Ltd may be required by law to disclose the information, or PaxMondeo Pty Ltd may be required to disclose your personal information to third parties to provide the service you have requested, for example, if you purchase products or services from PaxMondeo Pty Ltd. PaxMondeo Pty Ltd will need to disclose your personal information to third parties in order to bill and deliver your products or services. However, the disclosure will only be made where it is necessary to fulfill the purpose for which you disclosed your personal information. Otherwise than stated above, we do not disclose personal information that you may give us, such as your name, address, email address or telephone number, to any organisation or person outside PaxMondeo Pty Ltd unless you have authorised us to do so. For example, when you contribute to an online forum you may want to publish your name and email address.

Children's Privacy.

Protecting children's privacy is particularly important. While we make every effort to ensure that our web sites are age-appropriate, we believe that there is no substitute for proper parental supervision. PaxMondeo recommends that children ask a parent for permission before sending personal information to PaxMondeo, or to anyone online.

No sale of personal information

Under no circumstances will PaxMondeo Pty Ltd sell or receive payment for licensing or disclosing your personal information.

Interacting with PaxMondeo

There are many interactive features on PaxMondeo, PaxiGo and PaxiBox that you can contribute to. These include: Feedback forms, Project requests, Online Voting, Project management and Email.

When interacting with PaxMondeo, PaxiGo and PaxiBox, we suggest that you use your discretion and exercise caution when providing your personal information.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any personal information. Be responsible whenever you are online.

Public Forums.

Please remember that any information you may disclose in our User Directory, Spotlights/case studies, testimonials, Forums, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

Access and correction: personal data

If PaxMondeo, PaxiGo and PaxiBox  holds your personal information PaxMondeo Pty Ltd will where possible provide you with access to the information. PaxMondeo Pty Ltd will take reasonable steps to correct the information so that it is accurate, complete and up to date.

Security

PaxMondeo Pty Ltd operates secure data networks that are designed to protect your privacy and security. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information you acknowledge that:

(a) there are security and privacy limitations of the Internet which are beyond our control;

(b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed;

(c) any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts.

Complaints about privacy

If you have any complaints relating to online privacy issues on our websites, please notify PaxMondeo Pty Ltd our contact form. While PaxMondeo Pty Ltd accepts no liability for any material or links posted to the service, we will investigate all complaints.

Policy Revisions and Consent.

PaxMondeo reserves the right to revise, amend, or modify this policy, and our other policies and agreements at any time and in any manner.  We recommend that you review the terms from time to time to make sure you are aware of how we collect and use personal information. By using our website you consent to the collection and use of your personal information as outlined here.

Terms and Conditions

Thank you for using the PaxiGo. By requesting a product or service of PaxMondeo Pty Ltd (“Paxmondeo”) (‘we”) including but not exclusively PaxiGo or using the PaxiGo Web Site service (“PaxiGo”) operated by PaxMondeo Pty Ltd (“PaxMondeo”) you ("You") (“the client”) accept and agree to be bound by these terms and conditions (the "Terms of Service"). It is important for You to read this document, as they form a legal agreement between You and PaxMondeo regarding your use of the Service.

If you continue to browse and use the PaxiGo website and/or PaxMondeo products and services you are agreeing to be bound by the following terms and conditions of use, which together with our Privacy Policy govern our relationship with you.

1.      Service

1.1.    Description of Service

1.1.1. PaxMondeo, its products and services including PaxiGo will make every effort possible to fulfil its obligations and ensure customer satisfaction within its power. We are confident that with the processes in place we are capable of fulfilling any customer's needs within the above framework.

1.1.2. PaxMondeo allows You to display certain content on your website, subject to the limitations and conditions described below. The information accessible through PaxiGo is referred to in this document as "the Content."

1.1.3. PaxMondeo provides its PaxiGo and PaxiBox products and services with the specific intent that clients provide, maintain and update their content and imagery themselves. It is generally understood that the client accepts sole responsibility for possessing the competencies to undertake the management and ongoing maintenance of the content of their site outside the provisions of the selected package. PaxMondeo can provide additional services at our standard hourly rate of $150.00 per hour.

1.1.4. To successfully build, update content and maintain a PaxiGo website it is assumed the client, its employees and/or representatives posses a pre existing level of knowledge and competency in the use of Word and Outlook.

1.1.5. Subject to the limitations and conditions described in the terms of service, You may use PaxiGo to display the Content to end users.

2.      Quotes

2.1.    All quotes supplied by PaxMondeo and PaxiGo are valid for 1 month only unless stated otherwise. If the quote is not accepted  either  on line or by signing and returning this document  to PaxiGo with a 25% deposit (see “Payment Terms” below) within 1 month of the date of the quote then a new quote must be obtained.

3.      Payment Terms

3.1.    The client will be invoiced for 25% of the total signed quote and PaxMondeo requires this amount to be paid before work will commence on the web site. Deposits for the commencement of work are non-refundable.

3.2.    The client will be invoiced for the balance owing on completion of the work unless otherwise stated in your quote. PaxiGo requires the client to pay the final amount within 7 days from the date of the invoice. Payment must be made in full before the web site is put up “live” on the internet.

3.3.    Should PaxiGo be unable to complete the web site, within 30 days of the client signing the quote and paying a deposit, due to the client’s inability to supply the necessary documentation, then PaxiGo reserves the right to invoice the client for any work completed to date. The client agrees to pay this amount within 7 days of the invoice date.

3.4.    Payments can be made by cheque, money order, direct bank deposit or credit card.

4.      Cancellations

4.1.    Should the client wish to cancel their acceptance of the quote then PaxMondeo will invoice the client for any work completed to date. The minimum cancellation fee will be twenty five percent (25%) of the signed quote.

4.2.    The client must advise PaxiGo by telephone and in writing of the request not to proceed with work.

5.      ALTERATIONS

5.1.    Should a client request alterations either:

(a)     after work has commenced in accordance with the original brief received by PaxMondeo; or

(b)     after approval by the customer of the final work produced, the customer agrees to pay a fee, relative to the complexity of the alterations, and time and materials necessary to effect the alterations. Determination of the complexity of cost of the alterations will be at the sole discretion of PaxMondeo. Calculations will be based on actual expenses and based on its hourly charge rate at the time.

PaxMondeo will at all times attempt to provide notice of items that are outside of the scope of works agreed to and provide warning and seek approval to conduct such work. PaxMondeo will not initiate works without authorisation to do so by its customers.

6.      Errors & Liabilities

6.1.    PaxMondeo will use all due care to ensure sites worked on by PaxMondeo are free of errors.

6.2.    PaxMondeo will correct any errors made by staff of PaxMondeo in the course of working on a client’s site.

6.3.    PaxMondeo does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed “live” on the Internet.

7.      CORRECTIONS AND APPROVALS

7.1.    Whilst every effort is made to ensure correctness, the final responsibility for checking the content, layout and spelling remains with the customer.

8.      CLAIMS LIMIT

8.1.    Any claim for faulty workmanship is to be raised within seven (7) days of the provision of the work to the client and prior to receipt of written acceptance of the work by the client. Any claim is limited to re-supply of the work on the part of PaxMondeo, with no liability for consequential or any other loss.

9.      COMPLETION TIME

9.1.    Any completion date provided in a quotation is an estimate only. PaxMondeo is not liable for late delivery or non-delivery of information or instructions by the customer

10.     OVERDUE ACCOUNTS

10.1.  Services will not be supplied to customers with overdue accounts until such time as their account is brought up to date. We reserve the right to charge overdue account fees PaxMondeo will have the right to retain possession of any work produced and materials which are the property of the client until such time as the account is paid within the agreed terms of trading. In the even of non-payment of an account, the client agrees that PaxMondeo will be entitled to claim all legal costs, interest and damages incurred by it in recovering debt.

10.2.  Accounts that are 30 days overdue will receive a reminder email. If payment, in full, is not received within 7 days of the reminder, the website will be suspended. Websites which remain suspended more than 2 weeks are subject to termination.

10.3.  Websites which are reactivated after having been suspended are subject to a $25 account reactivation fee. All costs associated with dishonoured cheques will be charged to the account holder.

11.     Client Responsibility

11.1.  The client is responsible for uploading website files and/or providing and setting up any website content   PaxMondeo is not responsible for modifying or updating website material unless specifically requested by the Customer in writing. PaxMondeo may charge a fee for such services.

11.2.  The client is responsible for the content of any postings, data or transmissions. This responsibility is extended to any individuals or entities given access to the account by the client. The client is responsible for the maintenance and security of their unique system username and password. Any use of the system using the correct username and password will be deemed as authorised and charged to appropriate user's account. Where account holders allow third parties to use the service in their name, the account holder will be responsible for their activities.

11.3.  While PaxMondeo will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers unless the client takes advantage of our domain management service, available as an optional extra. The Client is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.

11.4.  The client is responsible for updating and maintaining their contact information with PaxMondeo. The client is responsible for ensuring that PaxMondeo is able to notify the customer for technical, billing or other issues or purposes deemed necessary by PaxMondeo to maintain the account.

12.     Intellectual property rights

12.1.  Clients may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner.

12.2.  Clients may not upload or transmit any information which is libellous or defamatory, or which violates or infringes on any right of privacy of any person.

13.     Interference with service

13.1.  There shall be no attempt to gain unauthorized access to our systems or accounts, disrupt service or network connectivity, misuse our facilities, or create fraudulent accounts.

14.     Viruses

14.1.  In the event that any virus or destructive element is found or furnished with any content, the client will use their best efforts upon learning that such situation exists, to immediately eliminate the virus or destructive element. Clients will notify us as to the existence of any such virus or destructive element immediately upon discovery thereof, and we will have the right to take any steps we deem necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.

15.     "Junk email" (SPAM, flames, and mail-bombs)

15.1.  Our servers and our hosted domains may not be the source, intermediary, or destination address involved in the transmission of junk email, nor will they be listed in any junk email message. The use of our servers to send or relay junk email is prohibited.

15.2.  We define "junk email" to be a mass unsolicited message in any medium. Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Any customer who is repeatedly flamed/mail-bombed or attracts such behaviour will be asked to leave.

15.3.  Client mailing lists must only contain recipients who have given their permission to the client to send information emails.

16.     Sub hosting

16.1.  Our services are provided for end users only. No sub hosting or resale of any services, for fee or for free, is permitted without the express consent of PaxMondeo.

17.     Resource usage

17.1.  We do meter but not explicitly limit site traffic (bandwidth). Bandwidth is not billed, but is drawn from a common pool shared by all accounts. Email accounts may not be used for permanent storage. Read mail (left on the server) is subject to removal after 30 days.

18.     Technology Parameters

18.1.  The client is responsible for providing all telephone, computer, hardware and software equipment and services necessary to access PaxMondeo networks, systems and servers. PaxMondeo makes no assurances that the customer's equipment is compatible with its services.

18.2.  PaxMondeo is not responsible for any service problems experienced due to the use of any programs, scripts or software that is not provided by PaxMondeo nor resides on PaxMondeo network, systems or servers.

18.3.  PaxMondeo is not responsible for the correct functioning or trouble-shooting of any programs, scripts or software placed on our servers by the customer.

19.     IP Address Ownership

19.1.  PaxMondeo owns and maintains all IP addresses assigned to our hosting accounts. We reserve the right to change or move them with prior notice.

20.     Electronic Commerce

20.1.  The client is responsible for uploading, maintaining and creating their own online store content unless prior arrangement has been made with PaxMondeo.

20.2.  The clients are responsible for ensuring that products or services sold or made available are not illegal, are accurately represented and that the content of the store and related offerings do not infringe the rights of others.

20.3.  The client is responsible for fulfilling all the online store needs such as order fulfilment, shipping, data security, etc.

20.4.  The client is responsible for the security of their customers' credit cards.

20.5.  PaxMondeo cannot be held liable for any disputed business transaction/s between our customers and their customers.

20.6.  The client must provide Terms and Conditions and a Privacy Policy on their site before enabling their shopping cart.

21.     SMS Fees

21.1.  Any alerts and SMS messages, selected by the client as an optional extra and sent by the PaxiGo system, will incur a charge for each message or alert sent. PaxMondeo reserves the right to change the fees at any time and without notice.

22.     Search Engine Registration – Disclaimer:

22.1.  Registering the client's Web Site with search engines does not by itself guarantee that all search engines will accept the client's listing or that the client's listing will appear in the first 10 listings.

22.2.  It can take up to several months for the major search engines to index the client's Web Site. An extra fee is required in advance at the current rate of the particular Search Engine for priority placement.

22.3.  PaxMondeo will make genuine attempts to maximise the client’s Search Engine optimisation, when requested, however does not make any explicit guarantees or undertaking for its effectiveness.

22.4.  Search Engine Registration is only one part of the client's On-line Marketing Strategy. The client's Web Site address should also be included in all client's advertising material eg. Letterheads, Business cards and Print/Radio/TV Media.

22.5.  Having a link to the client's Web Site from as many other Web Sites as possible should also increase the chances of the client's Web Site being listed higher in various Search Engines.

22.6.  Reregistering and changing a Web Site periodically will help to ensure Search Engines re-index the Listing.

22.7.  Some of the more popular Search Engines charge extra for priority placement. PaxMondeo can arrange this at the client's request. Additional fees will need to be paid in advance at the current rate for each Search Engine.

23.     Complaint Against Customer

(excluding Trademarks and Copyright complaints)

23.1.  In normal circumstances, unless PaxMondeo is issued a court order, or otherwise required by law, PaxMondeo will respond to third-party complaints or notices by submitting the information to the client and asking the client to respond appropriately. With few exceptions, we will not deactivate or delete client accounts.

23.2.  PaxMondeo does not proactively review the website content or email of our clients.

23.3.  We take no responsibility for the content or information contained on our clients’ websites or within their email.

24.     Website Accessibility

24.1.  The client website will made available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding the following circumstances:

(a)     Scheduled maintenance and regular system repairs as initiated by PaxMondeo.

(b)     Down time caused by circumstances beyond PaxMondeo’s control.

(c)     Down time caused by circumstances not reasonably foreseeable by PaxMondeo such as (but not limited to) service problems experienced due to power failures, telecommunications or digital transmission links failures or interruptions, or general Internet failures or slow-downs.

25.     Emergencies/Use Affecting Others

25.1.  We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our customers, including but not limited to actions requiring us to deactivate your website, shut down our network, or review the content on your website to evaluate the reason for perceived behaviours.

25.2.  In rare instances, we may need to completely delete your website because of some significant failure, security breach or other emergency. In such cases, we do our best to backup your website, but we cannot ever guarantee a full restore of your website.

26.     Backup/Restore

26.1.  PaxMondeo cannot guarantee that the contents of your website will never be deleted, or that a backup of your website will always be available.

26.2.  We strongly RECOMMEND that our client’s keep a local backup of their website/content. This means that all contents of a website should be copied to your local desktop computer and you should take steps to make a third backup (on tape, multiple floppies, another desktop, or elsewhere).

26.3.  PaxMondeo retains a full backup of each server.

26.4.  We cannot guarantee a full restore of your website where it has been modified by the customer within the last 48 hours.

26.5.  We charge an administrative fee to restore your website and it usually takes us approximately 24 to 48 hours to fulfil restore requests.

27.     Criminal prosecution

27.1.  There are numerous federal, state and international laws regulating the use of the Internet. We will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of our services or systems.

28.     Refusal of service

28.1.  We reserve the right to refuse service to anyone at PaxMondeo’s sole discretion.

29.     Promotional services and prices

29.1.  We may cancel specials or promotions at any time for any reason. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment.

30.     Limitations of Liability

30.1.  PaxMondeo operates a shared hosting environment, which affords a cost-effective hosting option for our customers and introduces some risk that a customer could impact others.

30.2.  We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data. PaxMondeo will endeavour to maintain security, however, we will not be responsible for events such as "hacking" or system failure, resulting in loss of e-mail or other data stored on our system.

30.3.  We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where PaxMondeo must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.

30.4.  PaxMondeo makes no warranty, express or implied in connection with its products and services, including without limitation any implied warranties of merchant ability or fitness for a particular purpose.

30.5.  The maximum liability of PaxMondeo to clients for damages relating to PaxMondeo’s failure to provide services shall be limited to reimbursement of the total fees paid by the client to PaxMondeo notwithstanding the foregoing, the maximum liability of PaxMondeo to the clients damages for any and all other causes whatsoever, and the client’s maximum remedy, regardless of the form of action whether in contract, tort or otherwise, shall be limited to reimbursement of the total fees paid by the customer to PaxMondeo in no event shall PaxMondeo be liable for:

(a)     any lost data or content, lost profits, business interruption or for any indirect, incidental, special consequential, exemplary or punitive damages arising our of or relating to the network, systems, software or the services provided hereunder, even if PaxMondeo has been advised of the possibility of such damages, or otherwise for any such claims; or

(b)     for any damages or costs arising from any third party’s actions, failure to act, or delay in performing any obligation whatsoever, with limiting the generality of the foregoing, PaxMondeo shall not be liable for personal injury or property damage.

31.     Indemnification

31.1.  User agrees to indemnify, defend and hold harmless PaxMondeo and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.

32.     Assignment; Successors

32.1.  User may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of PaxMondeo. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. PaxMondeo may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

33.     Limitation of Actions

33.1.  No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

34.     Force Majeure

34.1.  Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder

35.     TITLE OF WORK

35.1.  Each of the products and services provided by PaxMondeo to its customers has particular title issues:

(a)     Graphic Design, HTML and CSS Coding:

(b)     Programming Code, Database development:

(c)     Multimedia Development:

(d)     Unused Work:

(e)     Background Technology:

36.     Modifications

36.1.  PaxMondeo reserves the right to release subsequent versions of the PaxiGo Web Site service. PaxMondeo may modify the Terms of Service at any time with or without notice, and You can review the most current version of the Terms of Service online at any time at http://www.PaxiGo.com/terms.aspx. If a modification is unacceptable to You, You may cancel the Service. If You continue to use the Service, You will be deemed to have accepted the modifications.

37.     Appropriate Conduct and Prohibited Uses

37.1.  You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not:

(a)     defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b)     upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;

(c)     upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such content;

(d)     upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.

(e)     download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;

(f)     impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

(g)     restrict or inhibit any other user from using and enjoying PaxiGo services;

(h)     use PaxiGo services for any illegal or unauthorized purpose;

(i)      remove any copyright, trademark or other proprietary rights notices contained in or on PaxiGo services;

(j)      interfere with or disrupt PaxiGo services or servers or networks connected to PaxiGo services, or disobey any requirements, procedures, policies or regulations of networks connected to PaxiGo services;

(k)     use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of PaxiGo services or collect information about users for any unauthorized purpose;

(l)      submit content that falsely expresses or implies that such content is sponsored or endorsed by PaxMondeo;

(m)    create user accounts by automated means or under false or fraudulent pretences, or obtain or attempt to obtain multiple keys for the Service;

(n)     promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

(o)     transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

38.     Advertising

38.1.  The Service does not include advertising in the web pages. However, PaxMondeo reserves the right to include advertising in the web pages provided to You through the Service, but will provide You with ninety (90) days notice prior to the commencement of advertising. Such notice may be provided on relevant PaxiGo websites, including but not limited to the PaxiGo Blog. During that 90 day period, you may terminate your use of the Service, or provide notice of your refusal to accept advertising in accordance with PaxMondeo’s policies and procedures for providing such notice (which PaxMondeo may make available from time to time in its sole discretion).

39.     PaxMondeo Rights

39.1.  For purposes of the Terms of Service, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and PaxMondeo, You acknowledge that PaxMondeo or its licensors own all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Service.

40.     Brand Feature License.

40.1.  For purposes of the Terms of Service, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. PaxMondeo hereby grants to You a non-transferable, non-sublicenseable, nonexclusive license during the Term to display PaxiGo’s brand features for the purpose of promoting or advertising that You use the Service. You hereby grant to PaxMondeo a non-transferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service. In using PaxiGo Brand Features, you may not:

(a)     display a PaxiGo Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by PaxMondeo, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of PaxMondeo or PaxMondeo personnel;

(b)     use PaxiGo Brand Features to disparage PaxMondeo, its products or services;

(c)     display a PaxiGo Brand Feature on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under eighteen  (18) years of age;

(d)     have the PaxiGo logo as the largest logo on your website;

(e)     display a PaxiGo Brand Feature as the most prominent element on any page of your website;

(f)     display a PaxiGo Brand Feature in a manner that is misleading, defamatory, infringing, libellous, disparaging, obscene or otherwise objectionable to PaxMondeo;

(g)     display a PaxiGo Brand Feature on a site that violates any law or regulation; or

(h)     remove, distort or alter any element of a PaxiGo Brand Feature (this includes squeezing, stretching, inverting, discolouring, etc.).

40.2.  You understand and agree that PaxMondeo has the sole discretion to determine whether your use of PaxiGo brand features is in accordance with the above restrictions.

40.3.  Nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of PaxiGo’s Brand Features (including any goodwill associated therewith) shall inure to the benefit of PaxMondeo. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of PaxiGo (except to the extent such restriction is prohibited by law) or the registration thereof by PaxMondeo, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of PaxMondeo.

41.     Attribution; Legal Notices

41.1.  The content provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of PaxMondeo and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any content provided through the Service. You acknowledge and agree that these Legal Notices supplement the Terms of Service for the Service.

42.     privacy policy

42.1.  PaxMondeo’s collection and use of personal information is governed by PaxMondeo’s Privacy Policy.

43.     DISCLAIMER OF WARRANTIES

43.1.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)     YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAXMONDEO AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b)     PAXMONDEO AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH 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 SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 PAXMONDEO OR THROUGH OR FROM PAXIGO SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

44.     Termination

44.1.  PaxMondeo may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time.

44.2.  In addition, either party may terminate the Terms of Service at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on PaxiGo or otherwise disparages or devalues the PaxiGo Brand Features or PaxMondeo’s reputation or goodwill. If You desire to terminate the Terms of Service, You must remove the Service from Your Site.

45.     Rejection of Application

45.1.  PaxMondeo shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Service between You and PaxMondeo. PaxMondeo shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

46.     Effect of Termination

46.1.  Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) PaxMondeo shall immediately disable any content created by You. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.

47.     Survival

47.1.  In the event of any termination or expiration of the Terms of Service for any reason, Sections 39, 43 and 44 shall survive termination.