Terms of Service - Plutoport Primary Plan

This service is offered by DSTech Solutions, LLC. ("DSTech"), a company in the United States of America.

By signing up and registering for an account as a Plutoport customer and user, you agree to the following terms of service. If you do not agree to these terms, do not proceed to signing up or paying for Plutoport.

These Terms of Service may be modified in the future at various times for several reasons. When modified, DSTech will post a notice. Your use of Plutoport after the date of that notice will entail your consent to the modified terms of service. If you don't agree to the modifications you must stop use of Plutoport.


1. AUTHORIZATION TO USE PLUTOPORT

Subject to the terms of this Agreement, DSTech hereby grants you a personal, non-exclusive, non-sub licensable, non-assignable, right to use Plutoport. To the extent you are acting for a partnership, business, or corporation, you hereby warrant that you are duly authorized to conclude this Agreement on its behalf. You must refrain from any act or activity that could affect the accessibility, security, integrity or functionality of the Plutoport Website, product, service, or the systems or networks of DSTech or any of its subcontractors, as well as any unauthorized attempt to access the data or documents of other users. DSTech reserves the right to monitor your use of Plutoport. DSTech may also occasionally ask for your opinion and comments on the quality of its services and may use the information you provide in that regard for its own purposes. We can suspend your right to access Plutoport or unilaterally terminate your account if you violate these Terms of Service or engage in inappropriate use of Plutoport or related services.


2. AVAILABILITY AND ACCESS

Plutoport strives to ensure that Plutoport is accessible and usable as constantly and reliably as possible. However, DSTech cannot guarantee uninterrupted access. With any internet-based product, there may be many reasons for access to be unavailable that have to do with networks between the user and our servers. There may also be technical issues or power outages with DSTech vendors, or with DSTech equipment or software which was not within its control.

More commonly, DSTech reserves the right to periodically interrupt access to perform maintenance, install updates, add features, and other related reasons.

DSTech will try to notify you of scheduled or ongoing interruptions and will strive to limit their duration.


3. YOUR RESPONSIBILITIES

You must ensure the confidentiality of the access codes and/or passwords used to access your account. You are responsible for all activity occurring under your account/s and shall abide by all applicable laws in connection with your use of Plutoport, including those related to data privacy and personal information. You shall notify DSTech immediately of any unauthorized use of any password or account or any other known or suspected breach of security.

You shall not: (a) resell or otherwise use Plutoport as part of a commercial offering; (b) Use Plutoport except as authorized herein. (c) Use Plutoport to transmit commercial content, mass unsolicited e-mails (spam), or engage in communications that are defamatory or which may cause prejudice to third parties.

Framing, mirroring, scraping, hacking, or data-mining of Plutoport or DSTech systems are prohibited. The use of peer-to-peer transfer or collaborative viewing and display technologies in conjunction with your use of Plutoport are also prohibited.


4. YOUR CONTENT

As part of your use of Plutoport, you may submit content such as data, text, images, contact information, or links (“Content”). You represent and warrant that any Content submitted entered into Plutoport is data that you have a legal right to possess and use.

By submitting Content, you hereby grant DSTech a worldwide, perpetual and royalty-free license to use such Content for the purpose of providing service only.

DSTech makes backup copies of Content entered, transmitted, and hosted in conjunction with use of Plutoport, but cannot guarantee that no Content will be lost, and cannot be held responsible in any way for any damage resulting from such loss. It is accordingly your responsibility to keep viable copies of your Content.

DSTech endeavors to protect the privacy of your data and Content, in accord with its Privacy Policy.


5. INTELLECTUAL PROPERTY OWNERSHIP

DSTech holds all rights, titles and interest either as owner or licensee, including all related Intellectual Property Rights, in and to Plutoport and the underlying technology. The content of Plutoport and all related websites or parts thereof are copyrighted by DSTech and are also protected by any applicable patent application, filed or to be filed.

This Agreement is not a sale and does not convey to you any rights of ownership in or related to Plutoport, the underlying technology or the Intellectual Property Rights owned by DSTech. No right or license is granted to you to use the names, logos, or other intellectual property of DSTech, Plutoport, or related properties.

DSTech shall own all rights, title and interest including all related Intellectual Property Rights, in any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to its services.

You may not copy, modify, distribute, sell, or lease any part of Plutoport or included software, nor may you reverse engineer or attempt to extract any source code.


6. EXCLUSION OF LIABILITY PERTAINING TO CONTENT

You acknowledge and understand that the content created, published, transmitted or shared by the use of Plutoport is entirely the responsibility of the person from whom such content originated. Therefore, You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. DSTech will not be liable for any information or content shared or exchanged by means of Plutoport or DSTech's internet sites.


7. TERMS

This agreement shall remain in effect from the date you sign up for Plutoport, either under our free trial offer or as a paying customer, until you communicate in writing that you wish to terminate this agreement or DSTech terminates this agreement.


8. TERMINATION

DSTech may terminate this agreement due to your failure to comply with any of its provisions or terms of service. DSTech may limit or suspend this agreement and your use of Plutoport or other services, prohibit You access, and/or delete your user account, with immediate effect, if DSTech has reasonable grounds to believe that you are in breach of this agreement, are otherwise affecting the functionality of Plutoport, are attracting potential liabilities (including, without limitation, by infringing a third party’s Intellectual Property Rights or by engaging in fraudulent, immoral or illegal activities). DSTech shall effect such termination by providing notice to you to the email address you have provided, and/or by preventing your access to the respective user account/s. DSTech reserves the right to cancel user accounts that have been inactive for more than one (1) year.


9. SURVIVAL

Sections 5 (Intellectual Property), 6 (Exclusion), 9 (Survival), 10 (Indemnification), 11 (No Warranties) and 12 (Limitations) of this agreement shall survive any termination or expiration unless and until waived expressly in writing by the party to whom they are of benefit.


10. INDEMNIFICATION

You agree to indemnify, defend and hold DSTech, and its affiliates, officers, directors, employees and agents harmless from and against any and all liability and costs (including reasonable attorneys’ fees incurred by said parties), in connection with or arising out of your: (a) violation or breach of any term of this agreement or any applicable law or regulation; (b) violation of any rights of any third party; (c) use or misuse of the Plutoport service or related technologies, equipment, or websites.


11, NO WARRANTIES

DSTech does not provide advisory services in respect of accounting or taxation.

To the extent permitted by applicable law, Plutoport is provided to you “as is”. DSTech makes no representations, and gives no warranties, express or implied, including warranties of merchantable quality, fitness for a particular purpose, and excludes any legal warranty, or other arising from usage of trade.

DSTech does not represent or warrant that Plutoport will always be available, accessible, uninterrupted, secure, accurate, complete and error-free or will operate without packet loss, nor does DSTech warrant the availability or sufficiency of a connection to the internet.

Using Plutoport enables you to share certain content with other users. Plutoport cannot guarantee that you will always be able to share your content with other service users, nor can DSTech guarantee that you can share your content without disruptions, delays or communication-related flaws or that all your content shall always be delivered to other Plutoport users in accordance with your instructions. DSTech will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Plutoport. In addition, DSTech will not be liable for any errors occurring in the course of your use of Plutoport.


12. LIMITATIONS OF LIABILITY

To the extent permitted by applicable law, DSTech shall not have any liability to you or any other person or entity for any direct, indirect or consequential, punitive, exemplary or any damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or content, or other economic damages, even if such party has been advised of the possibility of such damages, or if they are foreseeable.

Plutoport and related systems may contain links to other internet sites or services maintained by third parties. DSTech does not endorse or approve, and is not responsible for the content of such other internet sites and services.


13. ENTIRE AGREEMENT - NON ASSIGNMENT

This agreement supersedes all prior representations, arrangements, negotiations, understandings and agreements between you and DSTech, both written and oral, relating to the subject matter hereof.

If any term or provision of this agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this agreement shall not be affected.

You may not assign the rights obligations set forth in this agreement.


14. COMMUNICATION AND ELECTRONIC MESSAGE

Any communication to your attention will be transmitted either via Plutoport or the application you use or to the email address you have provided when you activated your user account.

You hereby agree to receive electronic messages from DSTech pertaining to its Services, presently existing or to be developed, as long as you subscribe to Plutoport.


15. DISPUTE RESOLUTION AND GOVERNING LAW

In the event of any dispute, controversy or difference arising between you, your company, other users on your account, third parties, or DSTech out of or relating to or in connection with this agreement, or the breach hereof, each party shall refer the matter to its representative who will work with his/her counterpart to resolve the dispute in a timely fashion.

This Agreement shall be governed by, and construed in accordance with, the laws of Texas and the United States of America applicable therein.