Hosted AppLife Update Subscription Online Service Agreement
IMPORTANT: DO NOT USE THIS ONLINE SERVICE UNTIL YOU HAVE READ AND AGREED TO THIS SERVICE AGREEMENT
- GENERAL
Kinetic Jump Software, LLC ("Provider") provides the AppLife Server Hosting Services to users who have agreed to the terms and conditions stated below.
This Online Access Agreement ("Agreement") is a legal agreement between you and Provider. It states the terms and conditions under which you may access Provider's system and use the online services that Provider makes available through that system ("Service") and use the software necessary to connect to the Service ("Software").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND USING THE SOFTWARE AND SERVICE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AS IF YOU HAD SIGNED IT.
- ACCESS AND LICENSE
(a). Access. Provider hereby grants you access to its system and the right to use the Service subject to the terms of this Agreement.
(b). Permitted Users. You may permit other stakeholders to access the Service provided that each such person abides by the terms and conditions of this Agreement. By permitting others to use the service, you assume all risk and liabilities resulting from their use. If you authorize a minor to use your account, you are fully responsible for the online conduct of the minor, for controlling the minor's access to and use of the Service, and for the consequences of any misuse. It is your responsibility to safeguard any personal identification number and password required to access the system. Your right to authorize others to use your account is not assignable or transferable.
- CHANGES
The Service, Provider's system, and this Agreement may change from time to time. Provider reserves the right, at Provider's sole discretion and without prior notice or liability, to discontinue or alter the Service or any feature of the Service including, without limitation, (a) restricting the time of availability, (b) restricting the availability and/or scope of the Service for certain types of computers and operating systems, (c) restricting the procedures for or amount of access or use permitted, (d) restricting or terminating any user's right to access and use the Service, and (e) changing system hardware and software. Any change is effective immediately upon a posting on the Service, electronic mail, or conventional mail. By continuing to use the Service, you accept any such changes. If any such changes are not acceptable to you, you may terminate this Agreement at any time as described in Section 11.
- BILLING AND PAYMENT FEES
(a). Limited service use is permitted as a privilege of maintaining a valid AppLife Server hosting subscription. A subscriber is permitted to use the service to publish application updates to be made available to deployed clients through the service. If the subscription is permitted to lapse without payment, or is canceled by either party, update package availability shall be suspended.
(b). Payment. Payment for Hosting services may be made by credit card or check or money order.
(c). Equipment and Connect Charges. You are responsible for obtaining, installing, maintaining, and operating all computer and internet access equipment and lines and other charges necessary to access the Service.
- SYSTEM RULES
(a). You agree to supply Provider with accurate and complete information as specified on the online registration form and to inform Provider promptly of any change in such information.
(b). You are responsible for all use of your account. You must promptly inform Provider of the loss, theft, or unauthorized disclosure or use of your personal identification number or password. Until you notify Provider of such a breach of security, you remain liable for any unauthorized use of the Service through your account.
(c). The Service and Software may only be used for lawful purposes and consistent with the rights of other users and third parties. Without limiting the foregoing, the Service and Software shall not be used in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or any other right of any third party, or for the purpose of transmitting or storing material that is obscene or defamatory. You are prohibited from posting on, or transmitting through the Service, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
(d). Provider reserves the right to refuse to provide access to the Service to anyone.
- DISCLAIMER; LIMITATION OF LIABILITY
THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. PROVIDER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF PROVIDER TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO PROVIDER'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY USER TO PROVIDER DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.
- INDEMNIFICATION
You agree to indemnify and hold Provider, its officers, directors, employees, and agents harmless from and against any claims and expenses (including reasonable attorney's fees) arising out of or related to any violation of this Agreement or use of your account.
- PRIVACY
You agree to the Kinetic Jump Software Privacy Policy, posted at http://www.kineticjump.com/privacy.aspx
- EDITORIAL CONTROL
Provider reserves the right to monitor transmissions, other than private electronic communications, as necessary to provide service and otherwise to protect the rights and property of Provider. Notwithstanding the foregoing, Provider does not have the practical ability to restrict conduct, communication, or content that might violate this Agreement before transmission on the Service, nor can Provider assume any liability for any action or inaction with respect to such conduct, communication, or content.
- PROPRIETARY RIGHTS
(a). Software. The Software and any accompanying documentation and written materials are the sole and exclusive property of Provider and are protected by copyright and trade secret law and international treaties.
(b). Content. You acknowledge that the Service contains information, software, photos, video, graphics, sound, music, and other material ("Content") that are protected by copyright, trademark, trade secret, and other intellectual property law and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer or sell, create derivative works, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of portions of the Content, including material protected by copyright, trademark, or other proprietary rights, provided the copies are made for your personal use and that you maintain any copyright, trademark, or other proprietary rights notices on the copies of the Content. Except as stated immediately above or as permitted by the fair use provision of U.S. copyright law, you may not upload, post, reproduce, or distribute any Content protected by copyright or other proprietary rights without the permission of the copyright owner.
(c). Third Party Content and Services.
(1). You may only upload or otherwise distribute via the Service Content that is not subject to any copyright or other proprietary rights protection or for which you have the owner's express authorization for such online distribution. The unauthorized uploading or distribution of copyrighted or other proprietary Content constitutes a breach of this Agreement, and could subject you to criminal prosecution, personal liability for any damages arising from any infringement, and to termination of this Agreement. The owner of the Content uploaded or distributed on the Service retains all rights that may exist in such Content.
(d). Export. The U.S. export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to foreign countries and foreign nationals. You agree to comply with these laws and not to transfer by electronic transmission or otherwise, any Content derived from the Service without obtaining any required government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including without limitation, certain types of encryption software.
- TERMINATION
(a). For Any Reason. Either you or Provider may terminate this Agreement for any reason at any time by giving the other party notice of termination. Such termination shall be effective upon receipt of notice.
(b). For Cause. Provider may terminate this Agreement without notice for any conduct that Provider believes in its sole discretion violates this Agreement, interferes with other users' use of the Service, or is otherwise inappropriate.
(c). Effect of Termination. Upon termination, your license to use the Software automatically terminates, and Provider will delete all data, files, or other information stored in your account.
- GENERAL
(a). Choice of Law. This Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the State of Minnesota, without regard to its choice of law rules.
(b). No Waiver. Provider's failure to insist upon strict performance of any of the provisions of this Agreement shall in no way constitute a waiver of future violations of the same or any other provision.
(c). Modification. This Agreement shall not be modified in any way except by a writing signed by both parties.
(d). Severability. If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.
(e). Survival. The provisions of this Agreement relating to confidentiality, warranties, and indemnification shall survive any termination or expiration of this Agreement.
(f). Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.
