BY CHECKING THE "Yes, I agree to the Springbolt Terms of Service" CHECKBOX DISPLAYED AS PART OF THE SIGN-UP PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE SPRINGBOLT ONLINE SERVICE (THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT CHECK THE "Yes, I agree to the Springbolt Terms of Service" CHECKBOX AND MAY NOT USE THE SERVICE.
1. ACCEPTANCE OF TERMS
Welcome to the Springbolt service (a service of Default Limited). Everyone who uses Springbolt - even on a trial basis - is subject to these Terms of Service ("TOS"). Default Limited reserves the right to update and change the TOS from time to time without notice or acceptance by you. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.Springbolt.com/terms.html. You must be at least 16 years old to use the Service.
2. DESCRIPTION OF SERVICE
Default Limited provides each Account Holder with a web site on Default Limited' Internet Property (Springbolt Business Site). Each Springbolt Business Site includes tools that enable Account Holders to create reports, manage products and accounts and more. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also agree not to access the Service by any means other than through the interfaces that are provided by Default Limited for use in accessing the Service. You also understand and agree that the service may include certain communications from Default Limited, such as service announcements, administrative messages and other critical Springbolt announcements, and that these communications are considered part of Springbolt membership and you will not be able to opt out of receiving them.
In order to use the Service, you must have a valid Springbolt Username. To be an Account Holder with your own Springbolt Business Site, you must provide Default Limited with a credit card (for paying accounts only), billing information, email address, legal name and/or business name, and other required information ("Registration Data"). Accounts Holder will choose a password and account designation for your Springbolt Business Site during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to
(a) immediately notify Default Limited of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Default Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete within 30 days of any change to it. If you provide any information that is untrue, inaccurate, not current or incomplete, or Default Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Default Limited has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the free version of the Service, you will also have to go through the registration process.
4. PAYMENT TERMS
Default Limited charges and collects in advance for use of the Service. Default Limited will automatically renew and bill your credit card every month. All currency references are in GBP pound sterling. Please note, unless Default Limited gives notice to the contrary, payment for the Service is billed on a monthly basis and is non-refundable after the initial 30-day free trial period. There will be no refunds or credits for partial months of service. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4.2 UPGRADES AND DOWNGRADES
You will have the ability to upgrade or downgrade the Service at any time during the term (downgrades are only available from one paying level to another -- downgrades from paying accounts to free accounts are not possible). Such upgrade or downgrade will take effect immediately. For any upgrade or downgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged the new rate on your next billing cycle. There will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Fees may not be credited towards other Services. All currency references are in GBP pound sterling. Please note that downgrading your Service may cause the loss of content, features, or capacity of your Springbolt Business Site, and Default Limited does not accept any liability for such loss.
4.3 CANCELLATION AND TERMINATION
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted. Default Limited accepts no liability for such deleted information or content. If you are a Guest, the Account Holder who invites you may request Default Limited to, and Default Limited may, terminate your Service at any time and for any reason. If your credit card is invalid, we will notify you and attempt to change the card again in 72 hours. If it's invalid again, you'll have 72 hours to provide a new card. If that one is invalid, the Service may be cancelled and all the information contained within deleted permanently. Default Limited accepts no liability for information that is deleted due to an invalid credit card.
In addition, Default Limited may immediately terminate the Service for your failure to follow the Agreement. Such termination of the Service may result in the deactivation or deletion of your Springbolt Business Site or your access to a Springbolt Business Site, and the forfeiture and relinquishment of all content on your Springbolt Business Site.
You agree that Default Limited may, under certain circumstances and without prior notice, immediately terminate your access to the Service and your Springbolt Business Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical issues or problems.
Termination of your Springbolt account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information and content associated with or inside your account and/or Springbolt Business Site (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Default Limited's sole discretion and that Default Limited shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
6. TECHNICAL, CUSTOMER, AND SALES SUPPORT
Technical, customer, and sales support is only provided via email or other online means and is not provided via phone or traditional mail.
7. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for all activity occurring on your Springbolt Business Site and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy. You are responsible for maintaining the security of your account and Springbolt Business Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Springbolt Business Site, including those of your Guests. You agree to immediately notify Default Limited of any unauthorised uses of the account or any other breaches of security. Default Limited cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Default Limited be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
8. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Default Limited, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Default Limited does not control or own the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Default Limited be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Default Limited does not pre-screen Content, but that Default Limited and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Default Limited and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Default Limited or submitted to Default Limited.
You acknowledge and agree that Default Limited may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Default Limited, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Default Limited official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical; (h) upload, post or otherwise transmit 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; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law; (k) "stalk" or otherwise harass another; (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; (m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorisations, or (c) Default Limited determines, in its sole discretion, is inappropriate for sale through the Service provided by Default Limited; (n) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples submissions or content as a Guest.
9. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Default Limited in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
10. INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
11. CONTENT SUBMITTED
Default Limited does not claim ownership of the Content you place on your Springbolt Business Site.
You acknowledge that Default Limited does not pre-screen Content, but that Default Limited and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Default Limited and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Default Limited has no control over such sites and resources, you acknowledge and agree that Default Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Default Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Default Limited, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, Service downtime or availability, or your violation of any rights of another.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Default Limited.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Default Limited may establish general practices and limits concerning use of the Service.
16. MODIFICATIONS TO SERVICE
Default Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that Default Limited shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. Default Limited' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Default Limited or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Default Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Default Limited WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Default Limited IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORISED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Default Limited DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Default Limited SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Default Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or website posting. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Default Limited respects the intellectual property rights of others and we ask our users to do the same. The TOS and the relationship between you and Default Limited shall be governed by English law without regard to its conflict of law provisions. You and Default Limited agree to submit to the personal and exclusive jurisdiction of the courts located within the UK. The failure of Default Limited to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Default Limited and govern your use of the Service, superceding any prior agreements between you and Default Limited (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Default Limited services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to violations [@] Springbolt.com. Copyright 2006-2007 Default Limited. All rights reserved.