Terms of Service
Hostedware Corporation will provide online survey software,
survey hosting, data storage, and other survey services to you,
our Customer, under the following terms:
NO UNLAWFUL OR PROHIBITED USE
You acknowledge that Hostedware does not regulate or take any
responsibility for the content of information, files, images,
or other communication transmitted to or by Hosted Survey. You
warrant that you have all rights necessary to lawfully submit
any information or material that is uploaded to Hosted Survey,
including all intellectual property rights. You agree not to publish
or transmit any unlawful, harmful, threatening, abusive, harassing,
defamatory, or racially or ethnically derogatory content, or any
content expressing hate towards any person or groups of persons
due to race, religion, color, creed, national origin or sexual
orientation.
You agree not to 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 illegal solicitation (please read our complete Spam
Policy). You agree not to 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.
You agree to indemnify Hostedware against actions brought by
a third party as a result of such material or information or transmission,
or as a result of your use in any way of Hosted Survey or the
services provided by Hostedware.
ACCOUNT, PASSWORD AND SECURITY
You agree to use a secure and standard web browser such as Microsoft
Internet Explorer or Netscape Navigator to access Hosted Survey.
When you open your Hosted Survey account, you will select a login
ID and password. You are responsible for maintaining the confidentiality
of your login ID and password. You are also responsible for all
uses of your account, whether or not actually or expressly authorized
by you.
You agree not to use Hosted Survey in any manner that could
damage, disable or impair any of Hostedware's servers, computer
systems or network, or interfere with any other party's use
and enjoyment of Hosted Survey, or any of Hostedware software
applications or services. You agree not to attempt to gain unauthorized
access to any of Hostedware's software applications or services,
other accounts, servers, computer systems or networks. You agree
not attempt to obtain any materials or information not intentionally
made available through Hosted Survey, or to reverse engineer,
decompile, or disassemble the software code. You may not use anyone
else's account at any time, without the permission of the
account holder.
You retain ownership of all your data, created by you and rightfully
belonging to you, while properly accessing Hosted Survey under
your login ID. Hostedware respects your privacy, and will not
use, sell, rent, trade or otherwise disseminate or disclose your
data to itself or any third party, except as required by law or
by your authorized written request or consent.
TERMINATION
If, at any time, we, Hostedware, believe you, the Customer,
are in breach of any of the terms and conditions contained in
this agreement, we may immediately terminate this agreement without
liability.
NO WARRANTIES
Hostedware makes no warranties of any kind, whether express
or implied, for the services to be provided hereunder.
You, agree that Hostedware shall not be liable for any losses
or damages of any kind to you including, but not limited to, those
that may result from service interruptions, delays, non-deliveries,
or mis-deliveries. Additionally, Hostedware makes no warranties
regarding its ability to recover any lost data, lost files, or
other information, regardless of how or why the data or file was
lost.
BILLING POLICIES
You agree to provide accurate and up-to-date contact information
to Hostedware, at the time you open your account, and as long
as you use your account or it is active. You can update this information
on your "My Account" page, or contact customer service
at (949) 585-1500. Hostedware respects your privacy, and all your
information is kept secure and confidential.
Full or partial invoices will be sent to you in advance of receiving
services and will be in accordance with the billing policies and
service rates as set forth on the Hosted Survey Pricing page,
or in custom Service Agreements as negotiated and agreed to on
a per-project basis with you. You agree to submit payment in US
funds for all statements upon receipt. Accounts 30 days past due
are subject to suspension or termination and a service resumption
fee. Cancellation of an account will result in deletion of all
of Customer's files, including email. You agree that submission
of credit card information to Hostedware constitutes authorization
by you to bill the specified credit card for all fees owed by
you to Hostedware.
LITIGATION AND ATTORNEY'S FEES
In the event of any dispute arising out of or relating to this
agreement, such dispute shall be resolved in the State of California,
County of Orange, and the prevailing party in any such dispute
shall be entitled to reasonable costs, including collection costs,
and attorney's fees.
ENTIRE AGREEMENT AND SEVERABILITY
This represents the complete agreement and understanding between
Hostedware and Customer with respect to the subject matter herein.
In the event that any term or provision of this agreement is held
by a court to be unenforceable, then the remaining provisions
shall remain in full force and effect.
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