Acceptable Use And Content
Policy
THE SERVICE CONTRACT,
is hereby
entered into between Right Step Technologies, with offices at 625 Evergreen Drive,
Hurst, Texas 76054 (the "Service Provider")
and the business entity or person being served by Service
Provider ("You") on the following terms and conditions
(the "Terms and Conditions") :
1. Agreement.
(a) Generally. These Terms and Conditions govern Your
relationship with the Service Provider and Your use of Right Step Technologies hosting
services, as described more fully in Section 2 ("OnLine Services"). These Terms
and Conditions are comprised of the provisions that follow and any additional or different
terms that may from time to time be implemented under Subsection (b)("Changes to
Terms and Conditions" ) by the Service Provider.
(b) Changes to Terms and Conditions.
The Service Provider may change or add provisions to these Terms and Conditions from time
to time in its sole discretion by publishing a notice on its website, by sending you a
notice of price change by electronic mail, or by sending you a notice by regular U.S.
mail. Any change to prices will be implemented on at least thirty (30) days' notice. All
other changes are effective upon publication. Your continued use of OnLine Services after
the effective date of any amendment to these Terms and Conditions will constitute Your
acceptance of the amendment. If You do not agree with a proposed change, You may exercise
Your termination rights under Section 9 ("Term & Termination").
2. OnLine Services.
(a) Generally. The
Service Provider may make available
to You certain features, such as web site hosting, file libraries, electronic mail,
discussion forums and live chat areas (collectively, "OnLine Services"). The
Service Provider may in its sole discretion change, add or discontinue features and access
privileges available through the OnLine Services at any time.
(b) User Content. The OnLine
Services may be comprised of both Public Areas and Private Mail. Public Areas are those
features that are generally accessible to other users, such as file uploads, group
electronic mail and contributions to discussion forums and live chat areas. The materials
You upload or post to Public Areas are known as "Public Contributions." Private
Mail is electronic correspondence sent by You to particular individuals You select.
(i) Regulation of OnLine Conduct.
Service Provider is a mere distributor and has no practical ability or responsibility to
prescreen or editorially control the content of Public Contributions. Service Provider
reserves the right (but does not assume the responsibility) to remove from Public Areas
any Public Contribution brought to its attention which it deems detrimental to the OnLine
Services or any person. You agree not to make any Public Contribution which violates or
infringes the rights of any other person or which a reasonable person would consider
abusive, profane or offensive, which is defamatory or harassing, or which violates or
encourages others to violate these Terms and Conditions or any applicable law. You will
not send so-called "chain letters," pornographic or obscene content (e.g., GIF,
JPEG, MPEG), and You will not impersonate Service Provider personnel or disrupt the
orderly presentation of content. In order to protect itself, Service Provider may without
liability actively cooperate with and furnish identifying and supporting information to
any person likely to be harmed by Your violation of these provisions and to any law
enforcement agency serving a warrant or subpoena on the Service Provider. You also agree
not to make Public Contributions that encourage others to become members of competitive
information services or advertise products or services other than through channels or
areas of the OnLine Service approved by the Service Provider.
(ii) Private Mail. It is Service
Provider's policy to respect the privacy of Private Mail. The Service Provider will not
intentionally disclose the content of Private Mail to anyone other than the addressee,
authorized recipients or to those who provide forwarding or delivery services, without the
consent of the sender, the recipient or as required by law. The Service Provider reserves
the right to examine Private Mail if it reasonably believes You or another User have
violated these Terms and Conditions, any applicable law or if disclosure is required by
court order or law enforcement authorities. Service Provider may periodically delete
unread or archival copies of Private Mail at published intervals and upon termination of
an Account. You should make and store offline backup copies of all Private Mail that You
wish to preserve.
3. Access to OnLine Services.
(a) Remote Access Software. You may
access OnLine Services through Remote Access Software supplied by You. You may also use
third party software that meets the compatibility requirements from time to time published
by Service Provider. You assume all risk for ensuring the ongoing compatibility of your
software or third party software with the OnLine Services.
(b) Remote Access Equipment. You
assume all risk for ensuring the ongoing compatibility of remote access equipment with the
OnLine Services.
(c) Telecommunications. You may
access the OnLine Service through the internet and by a local access network maintained by
the service provider.
(d) Customer Support. You may obtain
telephone and/or email hotline support on terms from time to time published. Service
Provider is not expected to provide any user level training.
4. Use of OnLine Services.
(a) Authorized Users. You certify
that You are not a minor and that, to the best of Your knowledge and belief, information
provided by You during registration of an Account is truthful, accurate and complete.
During registration, You will be assigned one unique Account Name. You may authorize users
and assign their own User ID to them . Each User ID will be associated with a secret
password assigned by You or chosen by the particular user. It is Your responsibility to
safeguard and protect all User IDs and passwords from disclosure or use by others. You
will promptly change Your password and notify the Service Provider if You have reason to
believe Your account is being accessed or used by others. You will be charged for each
additional user authorized to use your Account. YOU ARE STRICTLY LIABLE FOR CHARGES POSTED
TO YOUR USER ID AND ACCOUNT.
(b) Permitted Uses. You may utilize
remote compatible access software supplied by You or third parties if permitted in Section
3(a)("Remote Access Software")) strictly for the purpose of accessing and making
"Permitted Use" of the OnLine Services. For these purposes, Permitted Use means
to display information derived from the OnLine Service on the screen of your computers or
terminals, and to download and store in nonvolatile memory such information in machine
readable form. The information obtained from or distributed through the OnLine Service may
be used for any legitimate purpose which does not threaten to usurp the market for this
OnLine Service.
(c) Prohibited Uses. Except as
authorized under Subsection (b) ("Permitted Uses"), You may not display, copy,
download, store, reproduce, transmit, distribute, resell or otherwise commercially exploit
any part of OnLine Services, including any data or information derived from the OnLine
Services, in any format or through any technology or media now existing or hereafter
developed. You are specifically prohibited from disseminating any part of the OnLine
Services, data or information in a manner that potentially would usurp the market for the
OnLine Services, including transmittal of copyrighted material through Private Mail or
Public Areas of the OnLine Service without the owner's prior authorization. You are also
prohibited from using OnLine Services for the purpose of (i) collecting consumer debts, or
for determining a consumer's eligibility for (ii) credit; (iii) insurance for personal,
family or household purposes, (iv) a government license or benefit, or, (v) employment.
YOU MAY NOT SEND UNSOLICITED E-MAIL IN MASS QUANTITIES AS A MARKETING TECHNIQUE (SPAM).
(d) No Assignment. You may not
assign, transfer, sublicense, rent, lease or loan any of Your rights, nor delegate any of
Your obligations under these Terms and Conditions and any attempt to the contrary shall be
void and a material breach of these Terms and Conditions.
5. Price & Payment.
(a) OnLine Services . All prices
for OnLine Services are published and periodically updated directly online. Unless
otherwise stated on-line, any charges will be billed to You each quarter ("Billing Period").
(b) Payment & Late Charges.
Unless otherwise agreed in writing, all charges by Service Provider for OnLine Services
(including any Third Party Supplier charges) shall be billed to Your credit card or
invoiced for the Billing Period (payable on Net 15 day basis). You will pay all sales,
use, value-added, personal property or other governmental tax or levy imposed on the goods
or services provided to You (including interest and penalties imposed thereon) other than
taxes based on the net income or profits of the Service Provider. If You fail to pay any
amount when due, then these Terms and Conditions (including any license to software) may,
at the Service Provider's option, be suspended or terminated. You agree to pay all costs
of enforcement, including reasonable legal fees. If you pay by credit card and your credit
provider does not authorize payment, or if you pay by check and your check is not honored,
you agree to pay a $25.00 fee to Service Provider for each such credit card charge or
check payment. You also agree to pay the $20 late fee for payments made 5 or more days after invoice due date.
6. Force Majeure . The
Service Provider is excused from any failure or delay in performance of responsibilities
otherwise imposed by these Terms and Conditions for any cause beyond its reasonable control.
Such causes include, without limitation, fires, floods, storms, earthquakes,
civil disturbances, disruption of telecommunications, transportation, utilities or
necessary supplies, governmental action, computer viruses and incompatible or defective
equipment, software or services not supplied by Service Provider. Nothing herein enlarges
any warranty or diminishes any disclaimer provided in Section 7 ("Warranties").
7. Warranties. The
following provisions are subject to Section 8 ("Limitation of Remedies &
Liabilities").
(a) Noninfringement Warranty.
(i) Third Party Content. The Service
Provider is a distributor (and not a publisher) of any features, contributions or content
supplied by third party vendors and users to the OnLine Service. It has no more editorial
control over such content than does a public library, book store or newsstand. As such,
Service Provider is not responsible for screening, policing, editing or monitoring such
content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive
material, the Service Provider may investigate the allegation and determine in good faith
and in its sole discretion whether to remove or request the removal of such material from
the OnLine Services. If Service Provider elects to perform (or not to perform) any such
activities, it shall be held harmless from all claims so long as it acts in good faith.
(ii) User Content. You warrant that
any User Content uploaded by You to the OnLine Service will not infringe or misappropriate
any copyright, trademark, patent, or the trade secrets of any third persons, or otherwise
violate these Terms and Conditions or any applicable law. You will defend, indemnify and
hold Service Provider harmless from all liability and expense (including attorney fees)
arising from any claim to the contrary and from any breach by You of the provisions of
these Terms and Conditions regulating User Content. You also agree to have all User
Content contributed through Your account screened for software viruses and will use due
diligence to remove any viruses capable of being detected with commercially available
detection programs.
(b) Limited Warranty & Disclaimer.
(i) OnLine Services. Service
Provider does not warrant that it will be able to correct all reported defects or that
Your use of the OnLine Services will be uninterrupted or error free. Service Provider
makes no warranty regarding features provided by Third Party Suppliers, which are provided
"as-is" and "as available."
(ii) Disclaimer. EXCEPT AS SET FORTH
ABOVE, SERVICE PROVIDER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
8. Limitation of Remedies & Liabilities.
The following provisions are a material condition of these Terms and Conditions and
reflect a fair allocation of risk:
(a) Remedies. You agree that if the
Service Provider violates any warranty or other provision of these Terms and Conditions,
and Service Provider determines that repair or other corrective action is not economically
or technically feasible, Your sole and exclusive remedy will be to obtain a refund of
amounts paid for any equipment that may be the subject of the claim or, otherwise, the
charges for OnLine Services paid by You during the previous twelve (12) months. You also
agree that legal remedies alone provide inadequate protection of intellectual property
rights and that, in addition to other relief, the Service Provider or other owner may go
to court and without necessity of posting bond obtain temporary and permanent injunctions
to enforce those rights. You will defend, indemnify and hold Service Provider harmless
from all claims and expenses (including reasonable legal fees) arising from any violation
by You of these Terms and Conditions or applicable law.
(b) Liabilities. SERVICE PROVIDER IS
NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY YOU FOR EQUIPMENT AND FOR ONLINE
SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO
EVENT SHALL SERVICE PROVIDER BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES EVEN IF NOTIFIED IN
ADVANCE OF SUCH POSSIBILITY) INCURRED BY YOU, YOUR CUSTOMERS OR ANY THIRD PARTY. FOR
PURPOSES OF THIS SUBSECTION, "SERVICE PROVIDER" INCLUDES ALL THIRD PARTY
SUPPLIERS AND ANY DISTRIBUTOR, PUBLISHER OR RESELLER FROM WHOM YOU OBTAINED THE ONLINE
SERVICES OR OTHER COMPONENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU.
9. Term & Termination.
(a) Generally. These Terms and
Conditions shall continue in full force and effect until terminated by either party upon
thirty (30) days' notice. Notwithstanding the foregoing, (i) Service Provider may suspend
or terminate these Terms and Conditions at any time without notice if You breach any
provision of it, and (ii) You may terminate these Terms and Conditions at any time if You
do not agree to any amendment published under Section 1(b)("Changes to
Agreement").
(b) Effect of Termination.
Termination of these Terms and Conditions will terminate Your right to access or use the
OnLine Services. Upon termination for any reason, You agree cease all further use of the
OnLine Services. Termination will have no effect on payment of amounts due under Section 5
("Price & Payment"), proprietary rights or obligations, indemnifications or
disclaimers under Section 7 ("Warranties"), limitations under Section 8
("Limitation of Remedies & Liabilities") or continuing assurances made under
Section 11 ("Export Regulations").
Note: Right Step Technologies offers a 30
day money back guarantee on all accounts. If the customer decides within
the first 30 days of service he/she would like to discontinue, the account
will be terminated and the billed amounts will be refunded. Right Step
Technologiest offers a minimum of quarterly accounts. This means the term
commitment is 3 months. All accounts can be cancelled at anytime.
When a cancelation request is received, the account will be terminated
upon the end of the month. Billing will cease then.
10. Disputes, Choice of Law. Except
actions for certain injunctive relief authorized under Section 8 ("Limitation of
Remedies & Liabilities") which may be brought in a court of competent
jurisdiction at any time, the parties agree that all disputes shall be submitted to a
single arbitrator under proceedings conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. The award of the arbitrator
shall be limited to remedies otherwise available in court, shall include a written
explanation of the decision and shall be binding upon the parties and enforceable in any
court of competent jurisdiction. THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND TEXAS, AND ANY
ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT JURISDICTION IN TEXAS.
ANY ACTION OR OTHER PROCEEDING BY YOU SHALL BE INITIATED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION AROSE, OR BE BARRED.
11. Export Regulations. The transfer
of technology across national boundaries is regulated by the U.S. Government. You agree
not to export or re-export (including by way of inbound or outbound electronic
transmission) any data or technology derived from the OnLine Service without first
obtaining any required export license or governmental approval. You will not directly or
indirectly export or re-export such technology to Afghanistan, the People's Republic of
China or any Group Q, S, W, Y or Z country specified in Supplement 1 to Part 770 of the
U.S. Export Administration Regulations. This provision and the assurances made herein
shall survive termination of these Terms and Conditions.
12. Pricing Information The Service
Provider reserves the right to change, increase or implement additional fees or prices, as
provided in Section 1(b)("Changes to Agreement").
13. Data Transfer Policy The Service Provider
provides a connection for hosted web sites to the internet. This connection is subject to
monthly usage levels. Additional usage beyond the maximum stated for your
service level will be billed at $0.50 per megabyte for all accounts per
month.
14. Miscellaneous. These Terms and
Conditions constitutes the entire and exclusive agreement between the parties with respect
to this subject matter and supersedes all other communications, whether written or oral.
These Terms and Conditions may be amended as provided in Section 1(b)("Changes to
Agreement"). Any other amendment shall require a writing signed by the Service
Provider, regardless of any course of conduct or trade practice between the parties. This
document and Your signature in electronic form, or a hardcopy duplicate in good form,
shall be considered an original document with authenticated signature admissible into
evidence unless the document's authenticity is genuinely placed in question. You may issue
a purchase order for administrative convenience, but it will have no substantive effect on
the terms or conditions of these Terms and Conditions. Any provision hereof found by a
tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically
conformed to the minimum requirements of law and all other provisions shall remain in full
force and effect. Waiver of any provision hereof in one instance shall not preclude
enforcement of it on future occasions. Headings are for reference purposes only and have
no substantive effect.
ACCEPTED BY __________ (INITIALS)
Date: _______________