Smibs Inc. Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

By using the smibs.com, net.smibs.com web site ("Service"), or any services of Smibs Inc., you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Smibs Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.smibs.com/terms.html

Violation of any of the terms below will result in the termination of your Account. While Smibs Inc. prohibits such conduct and Content on the Service, you understand and agree that Smibs Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

DESCRIPTION OF SERVICE

SmibsNet- Smibsnet is a business and social networking application. It is designed as a way for other SmibsNet members to find, contact and collaborate with each other in a secure, privacy orientated system. SmibsNet also serves as a staging/launching system for other current and future Smibs products.

Doorbell- Doorbell is a SAAS (Software As A Service) application that is designed to alleviate small to medium sized business of time-consuming sales and CRM related activities. The application allows for cross company collaboration, sharing of contact resources, assigning of tasks and drawing attention to important potential opportunities with large groups of employees and outside contractors. Doorbell integrates numerous separate functions of existing applications into one intuitive and efficient program.

ACCOUNT TERMS AND CONDITIONS

You must be 13 years or older to use this Service. By using the Service you warrant that you are 13 years or older and that you will abide by the terms and conditions set out herein.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. All information must be current, accurate and complete.

Your login may only be used by one person - a single login shared by multiple people is not permitted. Also, one person or legal entity may not maintain more than one free account.

You are responsible for all Content posted and activity that occurs under your account (including Content added by team members of teams you own as a company account holder).

If you are using a free account you are not permitted to block ads.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Smibs Inc. of any unauthorized use of your password or account or any other breach of security. Smibs Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You understand that Smibs Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Smibs Inc.

Smibs Inc. may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Smibs Inc. customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Smibs Inc.) of other Doorbell customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

USER CONDUCT

You understand and agree not to use the SmibsNet or Smibs Inc. Services to:

Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.

Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

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. This prohibition includes but is not limited to a) Using Smibs invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Smibs to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

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.

Stalk or harass anyone.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Smibs Service.

Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.

API TERMS

Customers may access their SmibsNet account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses SmibsNet, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that Smibs Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smibs Inc. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to SmibsNet via the API may result in the temporary or permanent suspension of your account's access to the API. Smibs Inc., in its sole discretion, will determine abuse or excessive usage of the API. Smibs Inc. will make a reasonable attempt via email to warn the account owner prior to suspension.

Smibs Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. If you initially sign up for a Huge, Pro, Plus, Solo, or Basic account in Doorbell and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.

An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.

For any upgrade or downgrade in plan level, your credit card that you have provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Smibs Inc. does not accept any liability for such loss.

CANCELLATION AND TERMINATION

You agree that Smibs Inc. may, with or without cause, immediately terminate your SmibsNet account and access to the Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Smibs Inc. of a user’s use of Smibs Inc. Services (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your SmibsNet account includes removal of access to all offerings within the Smibs Inc. Service and may also bar you from further use of the Smibs Inc. Service. Furthermore, you agree that all terminations shall be made in Smibs Inc.’s sole discretion and that Smibs Inc. shall not be liable to you nor any third-party for any termination of your account or access to the Smibs Inc. Service.

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your Company Account by going into the Company’s Management Section, under General Options. You can delete your personal account through the Account Settings on SmibsNet.

All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Smibs Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Smibs Inc. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

Smibs Inc. reserves the right to refuse service to anyone for any reason at any time.

MODIFICATION TO THE SERVICES AND PRICES

Smibs Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Smibs Inc. Such notice may be provided at any time by posting the changes to the Smibs Inc. Site (www.smibs.com) or the Service itself.

Smibs Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

COPYRIGHT AND CONTENT OWNERSHIP

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by attaching content to your public profile, or sharing 'Friends Only' Content with your SmibsNet friends, you agree to allow others to view and share your Content.

Smibs Inc. does not pre-screen Content, but Smibs Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service is copyright©2007-2008 Smibs Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Smibs Inc.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

INFORMATION PROVIDED ON THIS WEBSITE

In the course of using the Smibs Inc. Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Smibs Inc. website or otherwise providing materials to Smibs Inc., you are granting to Smibs Inc. a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Smibs Inc. Service.

Furthermore, you understand that Smibs Inc. retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Smibs Inc. Service is the sole responsibility of the person from which such content originated and that Smibs Inc. will not be liable for any errors or omissions in any content. You understand that Smibs Inc. cannot guarantee the identity of any other users with whom you may interact in the course of using the Smibs Inc. Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

ACCESS TO SMIBS

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Smibs Inc. website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

SMIBS COMMUNICATIONS

In the course of providing you services, Smibs Inc. may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Smibs Inc. Service, including a series of up to five welcome emails which help inform new users about various features of the Smibs Inc. Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through SmibsNet.

MONITORING AND ENFORCEMENT

While Smibs Inc. does have the right to monitor activity and content associated with the Smibs Inc. Service, we are not obligated to do so. And since Smibs Inc. does not, and may not have the ability to, control or actively monitor content Smibs Inc. does not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with Smibs Inc. policies and practices, in the process of using this website, you may be exposed to content that you find offensive or objectionable. You can contact Smibs Inc.’ Customer Service Department at support@smibs.com to let Smibs Inc. know of content that you find objectionable.

Smibs Inc. may investigate the complaints and violations of its policies that come to its attention and may take any action that Smibs Inc. believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, Smibs Inc. also reserves the right not to take any action. Under no circumstances will Smibs Inc. be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

FEES

Signing up for a basic SmibsNet account is free. Certain other services are provided for free only to beta users. Smibs Inc. reserves the right to charge for the Smibs Inc. Service or any portion thereof, modify the pricing of, add to, or discontinue the Smibs Inc. Service or any portion thereof without prior notice.

INDEMNIFICATION

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Smibs Inc., its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Smibs Inc. Service; ii) unauthorized access to or alteration of your communications with or through the Smibs Inc. Service, or iii) any other matter relating to the Smibs Inc. Service. Any business transactions which may arise between users from their use of Smibs Inc. are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Smibs Inc. may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Smibs Inc., its users, and the public.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SMIBS INC. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SMIBS INC. DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. SMIBS INC. ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. SMIBS INC. EXPRESSLY DISCLAIMS 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.

SMIBS INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMIBS INC. SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SMIBS INC. SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMIBS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMIBS INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMIBS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.

THE FAILURE OF SMIBS INC. TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. THE TERMS OF SERVICE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND SMIBS INC. AND GOVERN YOUR USE F THE SERVICE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND SMIBS INC. (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SMIBS’ TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

ARBITRATION

In the event that any disagreement arises between the parties hereto with reference to this Agreement or any matter arising hereunder and upon which the parties cannot agree, then any such dispute shall be first referred to arbitration in accordance with the provisions of The Arbitration Act or other similar legislation in force in the Province of Alberta from time to time.

GOVERNING LAW

This Website originates in Canada. Any claim or dispute arising from, or in relation to the Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions or your actual province or country of residence. You agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta and the Federal Courts located within the Province of Alberta. Additionally, you agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and is strictly excluded.

GENERAL INFORMATION

Smibs Inc., the Smibs Inc. logo, and other Smibs Inc. logos and names (such as Doorbell) are trademarks of Smibs Inc. You agree not to display or use these trademarks in any manner without Smibs Inc.’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

Smibs Inc.
Attn: User Agreement Issues
Suite 1150 Manulife Place
10180 - 101 Street
Edmonton, Alberta
Canada T5J 3S4

Or E-mail: support@smibs.com