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Terms of Use
HostedDatabase.com presents an Internet-based web application and database service. Our goal is to provide you with the best hosted software features available on the web. With HostedDatabase.com, you may easily “virtualize” your business data. We are committed to creating a professional and technically elegant environment for our customers, and we aim to provide you the best possibleexperience in being productive with our service. This document describes our rules and conditions for you to access and use HostedDatabase.com and the services we provide. In order to use our service, you must agree to the Terms of Use. If you do not agree to these conditions, HostedDatabase.com's services are not available to you and you must exit this website now. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITEThe HostedDatabase.com Terms of Use is effective immediately upon the user’s acceptance of the Terms of Use by clicking the “Submit Registration” button with the phrase “I have read and I agree to HostedDatabase.com’s Terms of Use,” and the user’s first use of the HostedDatabase.com service. By using web applications and databases administered or controlled by HostedDatabase.com, or in any way using HostedDatabase.com’s web based services, you consent and agree to be bound to this Terms of Use. DEFINITION OF TERMS From this point on, HostedDatabase.com is referred to as "HostedDatabase.com," "Service," "we," "us," or "our." From this point on, you, as the member, also are referred to as "you," "subscriber," "client," or "customer." From this point on, the equipment and software owned, leased, used by, or maintained for or by HostedDatabase.com are referred to as "the HostedDatabase.com system" or "system." From this point on, customer files, customer databases, and data content are referred to herein as “customer data.” Information stored in and/or gathered by HostedDatabase.com's system about the customer, customer's files, and customer's system usage (customer's meta-information) are referred to herein as "customer profile data." 1. ACTIVITY OF ACCOUNT HostedDatabase.com may remove a customer’s data and account from the system if the customer does not access his or her account (including access by application and database users) for a period of one hundred and fifty (150) days or more. HostedDatabase.com will alert the customer through the e-mail address that was provided upon registration. The Customer agrees that no other notification is necessary, and that an e-mail notification is sufficient and complete. If Customer does not respond to HostedDatabase.com before the 150-day period is over, HostedDatabase.com will deem the account abandoned and customer's data may be immediately purged from the system. 2. CUSTOMER PROFILE DATA As the owner of the customer profile information, the Customer is responsible for always providing HostedDatabase.com with accurate, timely information about himself/herself. Customer's contact information must be and will be kept current. HostedDatabase.com will use, in good faith, this information to contact the customer about his/her account and customer profile information. If this information is incorrect, or we are unable to utilize it (e.g. customer's e-mail address is not active), then HostedDatabase.com's obligation to contact customer is void. While customer is the owner of his/her customer profile information, HostedDatabase.com retains ownership of the storage media which house the customer profile information. Thus, as in any lease-type agreement, we reserve the right to copy, relocate, back-up, and remove customer profile information from our system. Customer data collected in aggregate form is the property of HostedDatabase.com. 3. CUSTOMER PRIVACY HostedDatabase.com does not regularly monitor customer data and/or customer profile information unless we believe there is misuse. HostedDatabase.com may randomly monitor customer data and/or customer profile information to ensure that misuse does not occur, and may look at customer data/customer profile information if we believe that it is necessary to protect ourselves or other customers from injury or damage. HostedDatabase.com endeavors to respect the privacy of its customers but cannot allow the system to be a tool for illegal or other injurious or damaging activities. DO NOT MISUSE OR ABUSE OUR SYSTEM. YOUR ACCOUNT WILL BE TERMINATED. HOSTEDDATABASE.COM FULLY COOPERATES WITH LEGITIMATE LAW-ENFORCEMENT AUTHORITIES, ESPECIALLY THOSE BASED IN OR AUTHORIZED BY THE UNITED STATES. HostedDatabase.com is not responsible for third-party disclosures of private and/or secret information. If the authorities ever search or seize our system, they may gain access to your private customer data and/or customer profile information. In that case, we cannot assure they will not review them. Remember that you have personal rights of privacy that even the government cannot legally violate, although you may have to go to court to enforce those rights. Except as expressly provided herein or as required by law, HostedDatabase.com will not disclose the contents of private customer data and/or data to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery. HostedDatabase.com may use for its own purposes information gathered regarding subscriber's or subscribers' usage, customer profiles, and other customer data. This information may be transferred to external parties in aggregate form. HostedDatabase.com will not reveal to any third party, including other customers, any detailed, non-public information that identifiably discloses any customer's specific use of the system or the customer's customer data, unless: 4. CUSTOMER CONDUCT Any and all information, data, text, or messages (“Content”) in all cases are the sole responsibility of the person from which the Content originated. By placing Content in HostedDatabase.com, the Customer affirms that (1) you are the owner of that Content, and (2) the use of such Content does not infringe upon the rights of, or violate the rights of any third party. If a customer persists in usage that we have previously warned him/her should not be or conducted on our system, we reserve the right to take unilateral action up to and including removing the customer's customer data and data content from our system and disabling his/her account. If we discover any customers violating the rules, especially the prohibition against unlawful activities, we will act firmly and swiftly. Depending on the circumstances, the customer involved will be warned, or simply locked out. If the customer has done anything to put us or other customers in jeopardy, we may contact the authorities and explicitly reserve the right to do so. You agree not to use the Service to: (a) upload, post, or transmit any Content that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, invasive, or racially or ethnically objectionable; 5. LIMITATION OF LIABILITY AND INDEMNITY HostedDatabase.com, nor any party that supplies services or information to HostedDatabase.com or the system, does not make any warranty concerning the accuracy of any information found on or exchange through the HostedDatabase.com system. THE MATERIALS IN AND/OR ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOSTEDDATABASE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOSTEDDATABASE.COM DOES NOT WARRANT THAT THE FUNCTIONS AND/OR SERVICES OF HOSTEDDATABASE.COM-RELATED WEB SITES, SOFTWARE, OR OTHER MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTEDDATABASE.COM AND ITS PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HOSTEDDATABASE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR THE CORRUPTION OF MATERIALS STORED ON, STORED IN, OR PROVIDED BY HOSTEDDATABASE.COM, EVEN IF HOSTEDDATABASE.COM OR A HOSTEDDATABASE.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (5) OR ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In addition, you agree to defend and indemnify us and do hereby hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other customers or third parties. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event shall HostedDatabase.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site. HostedDatabase.com reserves the right to subcontract or otherwise conduct e-commerce services which, among other things, may be used to pay for HostedDatabase.com services. Customer agrees to hold HostedDatabase.com harmless for any errors and/or omissions made in the conduct of such e-commerce or by such third-party e-commerce service providers. 6. CHOICE OF LAW Our computer system can be reached by members from all fifty states, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all these laws and their requirements, you agree that the law of our own state, California, will apply to all matters relating to this Agreement and to our system. In addition, you agree and consent that if you ever take legal action against us, the courts of our own state, California, will have exclusive jurisdiction over any such legal actions. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State of California applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law). Unless otherwise agreed in writing, all disputes relating to this Agreement shall be resolved in Los Angeles County, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. 7. JURISDICTIONAL ISSUES This site is controlled and operated by HostedDatabase.com from its offices within the State of California, United States of America. HostedDatabase.com makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The customer agrees to use this service in a manner consistent with any and all applicable laws, whether local, state, federal, national, or by international treaty. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, Yugoslavia or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using software from eCriteria, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 8. RULES FOR USE Do not use our system for anything that might be unlawful. This system may not be used to encourage anything to do with unlawful or illegal activities relating to: drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes. HostedDatabase.com has zero tolerance for such activity. Respect the security of our system. Do not try to gain access to system areas private to HostedDatabase.com, or to other customers. Some customers try to crack system security just to show it can be done. Do not try to prove this on our system. It is illegal and HostedDatabase.com will prosecute those who illegally threaten the system. Any customer whose activities disrupt or damage the system or its function will be held financially liable for system administration costs incurred in repairing the affected systems. You agree to this. Do not send mass, unsolicited e-mailings to customers of our system and/or other systems. This is also known as "spamming". This causes a mass influx of complaints to our system administrators and causes them to lose much productivity. It will not be tolerated and your account may be locked and/or terminated without notice if you break this rule. This also applies to USENET news or any other news and/or e-mail-based service. The customer is responsible for all use of customer's account and confidentiality of customer's password. Databases marked as Public may be accessed by any anonymous HostedDatabase.com Data User, and such databases automatically participate in The Open Database Project as public data content. HostedDatabase.com is not responsible for customer's data content residing on HostedDatabase.com equipment. Customer is responsible for independent backup of data stored at HostedDatabase.com. Customer assumes all risk of loss of such data and explicitly relieves HostedDatabase.com of any responsibility for such data loss. Customer holds HostedDatabase.com harmless for any loss of data arising from customer's use of HostedDatabase.com and/or its services, including use of software provided by HostedDatabase.com. HostedDatabase.com STRONGLY ADVISES ALL OF ITS CLIENTS AND CUSTOMERS TO BACK UP THEIR DATABASES ON A REGULAR, IF NOT FREQUENT, BASIS USING THE DATABASE DOWNLOAD TOOL. HostedDatabase.com reserves the right to delete customer's data content after one or both parties terminates this agreement. HostedDatabase.com reserves the right, at its sole discretion, to delete any information entered into HostedDatabase.com by customer. HostedDatabase.com and its authorized representatives shall have the right, but shall not be obligated, to edit publicly-viewable information. THE CUSTOMER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON HOSTEDDATABASE.COM EQUIPMENT THROUGH CUSTOMER'S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHT OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS. Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully. HostedDatabase.com is not liable for protection or privacy of electronic mail and information transferred through the Internet. HostedDatabase.com may modify these Terms of Use upon notification published on the main HostedDatabase.com website. Customer's use of HostedDatabase.com services after such notice shall constitute customer's acceptance of the modifications to this Agreement. Non-enforcement of any section of this Agreement does not constitute consent or waiver and HostedDatabase.com reserves the right to enforce this Agreement at its sole discretion. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, customer's and HostedDatabase.com's agreement on all other paragraphs shall remain valid. 9. RESTRICTIONS OF USE OF MATERIALS This site is owned and operated by HostedDatabase.com. No material from HostedDatabase.com or any web site owned, operated, licensed, or controlled by HostedDatabase.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of HostedDatabase.com's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by HostedDatabase.com. HostedDatabase.com does not transfer title to the Software to you. You own the medium on which the Software is recorded, but HostedDatabase.com retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. 10. COPYRIGHT AGENT AND REMOVAL POLICY HostedDatabase.com provides online services for the storage of data content provided by third parties, HostedDatabase.com does not tolerate infringing material on its site or servers, and may remove content that appears to infringe any copyright or other intellectual property rights, as well as terminate the online account of any individual or entity who posts infringing material. If you believe that your copyright in any material has been infringed by an HostedDatabase.com account holder, please notify HostedDatabase.com at the address: info@eCriteria.net, P.O. Box 241713, Los Angeles, CA 90024. Your notice must include the following information:
We will then evaluate your Notice and take such action as is appropriate under the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Please note that HostedDatabase.com will terminate the account of any account holder about whom HostedDatabase.com receives repeated complaints of copyright infringement. If you have any questions about this Copyright Policy, please contact at info@eCriteria.net. 11. TERMINATION This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all HostedDatabase.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately and without notice from HostedDatabase.com if in HostedDatabase.com's sole discretion you fail to comply with any term or provision of this agreement. HostedDatabase.com, at its sole discretion, may terminate any customer account upon fifteen (15) day notice. HostedDatabase.com reserves the right to refuse service to anyone. Upon termination, you must destroy all materials obtained from this site and any and all other HostedDatabase.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. |
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