Chaos Software Group, Inc. grants you or your company a non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Chaos Software Group, Inc. to you are retained.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal and/or your company use. Unauthorized use of the Service, or the resale of the Services without Chaos Software Group, Inc.'s prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, or assign this license or the Content in any format to any third party.
A user account is required to access the Service. To open a user account, you or your company must complete the registration process by providing Chaos Software Group, Inc. with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Chaos Software Group, Inc. suspect that such information is untrue, inaccurate, not current or incomplete, Chaos Software Group, Inc. has the right to suspend or terminate your usage of the Service.
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Chaos Software Group, Inc. immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Chaos Software Group, Inc. shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Chaos Software Group, Inc., or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
You are responsible for backing up your user data through either your synchronized Windows applications or though the backup option available when logged into your account.
As our Service is primarily concerned with database storage and synchronization, please keep in mind that any single data file stored on our hosted servers cannot exceed twenty-five (25) MB in size.
Account Information and Data.
Chaos Software Group, Inc. does not own any data, information or material that you submit to the Service or store in your account ("Data"). Chaos Software Group, Inc. will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that Chaos Software Group, Inc. does track certain user registration and statistical information such as usage or user traffic patterns in aggregate form but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your ChaosHost account. Chaos Software Group, Inc. may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not Chaos Software Group, Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Chaos Software Group, Inc. shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
Payment of Fees.
Chaos Software Group, Inc. offers its Service, as described on the ChaosHost website (www.chaoshost.com) and as published within the Service for monthly or annual fees (the "Fees") which you will pay to Chaos Software Group, Inc. by authorized credit card. The Fees applicable for the Service are available at www.chaoshost.com and as published within the Service. Chaos Software Group, Inc. reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you sign up for the Service or the expiration of the initial trial period, if any, whichever is later. In the event you cancel the Service, Chaos Software Group, Inc. will not refund any Fees already paid by you.
Your ChaosHost account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid after thirty (30) days. The Service may be suspended, or purged from system if account is delinquent for more than thirty (30) days.
If you believe Chaos Software Group, Inc. has billed you incorrectly, you must contact Chaos Software Group, Inc. no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Chaos Software Group, Inc.'s Sales department.
Chaos Software Group, Inc. may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Chaos Software Group, Inc. thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
Chaos Software Group, Inc. has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, Chaos Software Group, Inc. reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Chaos Software Group, Inc., in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Chaos Software Group, Inc. at any time; however, you will not receive a refund of any portion of your fees paid to Chaos Software Group, Inc. Upon termination by Chaos Software Group, Inc. or at your direction, you may request a file of your Data, which Chaos Software Group, Inc. will make available for a fee. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Chaos Software Group, Inc. shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Cookies are files that your web browser places on your computer's hard drive and are used to tell us whether you have visited the Service previously. ChaosHost uses a persistent cookie to help save and retrieve usernames used on the Service. ChaosHost issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Chaos Software Group, Inc. or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. ChaosHost, Time and Chaos and/or other Chaos Software Group, Inc. products and services referenced herein are either trademarks or registered trademarks of Chaos Software Group, Inc.
You shall indemnify and hold Chaos Software Group, Inc. and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties.
CHAOS SOFTWARE GROUP, INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. CHAOS SOFTWARE GROUP, INC. DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CHAOS SOFTWARE GROUP, INC..
Limitation of Liability.
IN NO EVENT SHALL CHAOS SOFTWARE GROUP, INC.'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL CHAOS SOFTWARE GROUP, INC. BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF CHAOS SOFTWARE GROUP, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control.
Chaos Software Group, Inc. controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Chaos Software Group, Inc. makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Modification to Terms.
Chaos Software Group, Inc. reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Dallas, Texas. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Chaos Software Group, Inc. as a result of this agreement or use of the Service. The failure of Chaos Software Group, Inc. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Chaos Software Group, Inc. in writing. Chaos Software Group, Inc. has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Chaos Software Group, Inc. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.