myWebOS.com: Terms

Terms of Use

You (the "User"), by using, accessing, or attempting to interact with, the MYWEBOS, Hyperoffice, or other MYWEBOS, Hyperoffice software, services, web sites, or any of their licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with Hyperoffice.com (dba "myWEBOS.COM;" collectively "MYWEBOS.COM"), based in Baltimore, Maryland.

I. OVERVIEW:

You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of MYWEBOS.COM. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.

You agree that you will only use the Services if you are a person over 18 years of age, for your own use, and only if you do so through a compatible standard web browser on a single personal computer.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in Maryland.

The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated web sites.

II. TEMPORARY USE LICENSE GRANTED:

Only for the duration of being logged into the User's valid myWebOS or Hyperoffice account, the User is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the MYWEBOS.COM web site.
A valid MYWEBOS or Hyperoffice account may only be created and maintained by a User who fully provides valid personal information about the User in the signup process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.

III. MATERIAL AND PRODUCTS:

MYWEBOS.COM and its Partners provide Services on an "as is" basis.
MYWEBOS.COM shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.
Use of MYWEBOS.COM services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web.
It is not the responsibility of MYWEBOS.COM to provide free support for the User in the use and operation of MYWEBOS.COM.
Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by MYWEBOS.COM and its partners are provided for a fee and the User is liable for such fees.
The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.

IV. MYWEBOS ETIQUETTE AND PRIVACY:

Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of the MYWEBOS.COM may not be used to impersonate another person or misrepresent authorization to act on behalf of others or MYWEBOS.COM.
All messages transmitted via MYWEBOS.COM should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
All users shall not attempt to undermine the security or integrity of computing systems or networks of MYWEBOS.COM, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated web sites. User-specific information provided by User in connection with third party services (i.e., services not provided by MYWEBOS.COM but by its Partners) through the MYWEBOS.COM web sites shall be governed by the privacy policy and other terms of those third party services.

V. AGE AND NATURE OF THE USER:

The User certifies that he or she is a person at least 18 years of age.
The Services may not be used by any automated device or automated computational machine.
The Service may only be used or accessed through an electronic device under the manual control of User at all times.

VI. TAXES:

MYWEBOS.COM shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the MYWEBOS.COM services.
The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.

VII. LAWFUL PURPOSE:

Services provided to or used by the User may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.
1. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
2. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
Users are prohibited from using MYWEBOS.COM's services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which MYWEBOS.COM deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the MYWEBOS.COM management.
The subscriber agrees to indemnify and hold harmless and defend MYWEBOS.COM from any claims resulting from the User's use or User's allowed use by others of the Services which damages either MYWEBOS.COM, its officers, its employees, its directors, its partners, or another party or parties.

VIII. LIMITED LIABILITY:

User shall defend, indemnify, save and hold MYWEBOS.COM (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
User shall defend, indemnify and hold harmless MYWEBOS.COM (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
Under no circumstances, including negligence, shall MYWEBOS.COM (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing MYWEBOS.COM's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the MYWEBOS.COM service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MYWEBOS.COM's records, programs or services. This paragraph shall apply to all content and functionality of MYWEBOS.COM's Service.
Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to MYWEBOS.COM during the current month.
Such limitations shall apply to MYWEBOS.COM's total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

IX. TRADEMARKS & COPYRIGHTS:

User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any, and grants MYWEBOS.COM the royalty-free right to use such intellectual property in connection with MYWEBOS.COM's Services.
User warrants that its content does not infringe any third party copyrights or patents.

X. SERVICE RELIABILITY AND WARRANTIES:

MYWEBOS.COM makes no warranties or representations of any kind, whether expressed or implied for the Services.
User's, use of MYWEBOS.COM's services are at User's sole risk. Neither MYWEBOS.COM, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MYWEBOS.COM's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MYWEBOS.COM Service, unless otherwise expressly stated in this Agreement.
MYWEBOS.COM also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of MYWEBOS.COM is at the User's own risk, and MYWEBOS.COM specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against MYWEBOS.COM are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to MYWEBOS.COM for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via e-mail notice to their Services accounts.
Under no circumstances will MYWEBOS.COM bear any responsibility for any damages arising as a consequence of such unavailability.

XI. CONTRACT REVISIONS AND APPLICABLE LEGAL JURISDICTION:

Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way.
MYWEBOS.COM reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of Maryland.
This Agreement shall be governed and construed in accordance with the laws of the State of Maryland and no party shall object to removal or prosecution of any litigation to a federal or state court in Maryland.

XII. TERMINATION:

This Service may be terminated by either party, without cause, by giving the other party 30 days written notice.
Notwithstanding the above, MYWEBOS.COM may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. MYWEBOS.COM may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in the State of Maryland.
Upon notice of termination of Services by MYWEBOS.COM to User via contact e-mail to User's Services account and contact e-mail account provided in User's personal information, or voluntary termination of service by User, MYWEBOS.COM has the right to delete all data, files, or other information that is stored in the User's account for any reason.