SeasonPlanner - 2004 distribution permissions and end-user license agreement
SeasonPlanner Web Hosting Services are provided on the following terms and conditions:
Web hosting services, offered by B&B Software, Inc. under the name "SeasonPlanner.com" and in connect with SeasonPlanner Software, are provided to clients subject to this Agreement. This Agreement comprises the entire web hosting agreement between SeasonPlanner.com and you ("Client"). SeasonPlanner.com may revise the Agreement at any time and such revision shall be effective immediately upon either posting of the revised Agreement at http://www.SeasonPlanner.com or notifying the Client. Client agrees to review the Agreement periodically to be aware of such revisions. If any revision to the Agreement is unacceptable to Client, Client may cancel the hosting services and terminate this Agreement as provided in Section IX below. Client`s submission of data for hosting and Client`s continued use of SeasonPlanner.com hosting services following notice of any such revision to the Agreement shall be conclusively deemed acceptance of all such revisions.
a. "Agreement" means this Hosting Agreement.
b. "Client" is you the person submitting the information to be used to create the Web Site.
c. "Host" means SeasonPlanner.com offered by B&B Software, Inc.
d. "Intellectual Property Rights" means rights in any patent, copyright, trademark, trade name, trade secrets and any related matter.
e. "Internet" means the global computer network comprised of interconnected networks using standard communication protocols.
f. "Internet Link" means a communications link to the Internet.
g. "SeasonPlanner Software" is the SeasonPlanner software license purchased by the Client and allows for the uploading of the Client`s data to SeasonPlanner.com.
h. "Web Site" consists of all the pages and data generated and/or stored on the Host Internet server computers for the Client.
II. SERVICES PROVIDED BY HOST
a. Web Site Link. The Host will make reasonable effort to maintain a link with the Internet for the clients Web Site. The Host and the Client both recognize that the Internet Link is susceptible to crashes and down time and must also be down for periodical maintenance and updates. The host cannot and does not warrant that it shall maintain a consistent and uninterrupted link to the Internet.
b. Web Site Program. The Host will maintain, and update a website program which will be used with data supplied by the client to generate the clients` Web Site. The Host reserves the right to modify and enhance the website program at any time without notifying the client. The client understands this modification may significantly change the appearance and content of the client`s Web Site.
c. Web Site Storage. The Host will store the data supplied by the client on its server computer.
d. Individual Information. The Host understands individual information will be stored on the host computers and will only use the information for displaying on the clients web site.
e. Backup. The Host is not responsible for maintaining working backup copies for the Client`s use. The Host backup copies are to be used for maintenance, crashes, downtime, and service interruptions.
f. Technical Support. The Host will provide free E-Mail support during normal business hours through email@example.com. The response time of the support may vary depending on the amount of E-Mail received and the difficulty of the support questions. Technical Support via telephone will be available at additional costs and billed on per minute or per incident basis.
III. CLIENTS OBLIGATIONS
a. SeasonPlanner Software. The client agrees to maintain a valid licensed copy of the most recent release of the SeasonPlanner Software.
b. Uploaded Information. Due to the public nature of the Internet, all information updated by the client shall be considered publicly accessible, and any information of a confidential or proprietary nature should not be uploaded.
c. Individual Information. The client will be sending individual information to the host and has obtained permission of the individual or his/her parent or legal guardian to publish this information on the Internet. This information includes descriptive text and pictures of the individual.
d. Copyright. The client agrees not to upload any information or images protected by copyright, patent, or trademark without the permission of the owner of the information or image.
e. Content. The client agrees that all uploaded content will be acceptable and appropriate for people of any age to view.
IV. FEES AND POLICIES
a. The client agrees to maintain the most current license of the SeasonPlanner Software and this entitles him/her to one website at no charge.
b. The client may purchase additional renewable website licenses at an annual cost determined at the time of purchase.
c. Technical Support via the telephone can be purchased at a rate specified at the time the support call is made by the client.
V. OWNERSHIP OF CONTENT
a. The Client acknowledges that all programs and documentation used to create the Client`s website and SeasonPlanner Software constitute valuable property of the Host and that all title and ownership rights in the programs and related materials remain exclusively with the Host.
b. The Host acknowledges that all data uploaded and authored by the Client to the Host website constitute property of the Client and that all title and ownership rights remain with the client.
VI. WARRANTIES AND INDEMNIFICATIONS
a. The Client represents and warrants that its content shall comply with any and all applicable laws; that the uploaded data is suitable for family viewing and does not contain material: that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, or offensive; that is defamatory or disparaging; that invades any right of privacy; or that infringes upon the copyrights, trade secret rights, trademark rights, or other intellectual property rights of any third party.
b. Host has the right to enter into this Agreement and to grant the rights granted in it. The Host shall in good faith, comply with the terms of this Agreement.
c. Client agrees that it shall defend, indemnify, hold harmless the Host from all demands, liabilities, losses, costs and claims, including reasonable attorneys` fees, asserted against the host that may arise from any content uploaded by the client. Client agrees to defend, indemnify, and hold harmless the Host against liabilities arising out of any injury to person or property caused by the information supplied by the Client. Client agrees to defend, indemnify, and hold harmless the Host against any liabilities arising out of any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party and/or copyright infringement.
a. Except for the warranties recited above, the Host disclaims all other warranties including but not limited to, and express or implied warranties of: 1. Merchantability; 2. Fitness for a particular purpose; 3. Quality and/or accuracy. Client agrees that the use of the Host server is at the client`s sole risk. Neither the host, its employees, affiliates, agents, or the like, warrants the web hosting service will not be interrupted or error free.
VIII. RIGHT TO MONITOR/BLOCK CONTENT
a. The Host does not screen the Client`s uploaded data as a matter of policy. However, if the Host becomes aware, through complaints or otherwise, of any material contained in Client`s Web Pages that the Host, in its sole discretion, considers to be in breach of the Client`s representations and warranties as set forth in Section VI above, The Host shall have the right, but not the responsibility, to remove such material or to block public access to the Client`s Web Pages without notice to Client, pending resolution of the Hosts concerns as to same.
b. The Host may elect in its sole discretion to monitor some, all, or none of Client`s Web Pages for adherence to this Agreement. The Host reserves the right to delete or render inaccessible any of Client`s Web Pages that the Host suspects in the good faith exercise of it`s judgment, contain material in violation of this Agreement.
IX. RENEWAL/TERMINATION OF AGREEMENT
a. This Agreement shall continue in full force and renew from month to month. Either party may cancel this Agreement by giving the other party notice of Termination at least 30 days prior to the expected termination date. All past due balances must be paid by the termination date.
b. Continued Indemnification. The indemnifications under Section VI above, shall survive any termination of this Agreement.
X. LIMITED LIABILITY
a. Under no circumstances, including negligence, shall the Host, its offices, agents, or any one else creating, producing the service and supporting software by liable for any direct, indirect, incidental, special or consequential damages that result from the use or inability to use the hosting service and supporting software; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays, or any other failure of performance. Client hereby acknowledges that this paragraph applies to all content and support software related to the hosting service.
b. Notwithstanding the above, the Client`s exclusive remedies for all damages, losses, and actions in contract or otherwise, shall not exceed the aggregate dollar amount which the Client paid during the term of this Agreement and any reasonable attorney`s fee and court costs.
XI. ENTIRE AGREEMENT
a. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect.
XII. GOVERNING LAW AND JURISDICTION
a. This Agreement shall be governed by the laws of the State of Oregon, and submitted to the exclusive jurisdiction of the courts of the State of Oregon.
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