HyperOffice, as used herein, shall mean Application Corporation d/b/a HyperOffice or (i) a corporation or other entity that is a parent or subsidiary of HyperOffice, or of which a controlling interest is owned or held, directly or indirectly, by HyperOffice or HyperOffice's parent or subsidiary; (ii) an individual, corporation or other entity owning or holding, directly or indirectly, a controlling interest in HyperOffice; (iii) a corporation or other entity under common control with HyperOffice; (iv) the employees or directors of HyperOffice; or (v) a corporation or other entity under the control of any officer, director, shareholder, or other principal of HyperOffice. For purposes of this definition, the term "control", "controlling", or "under common control with" means the power, directly or indirectly, to direct the management, operation, or policies of a person or entity, whether through exercise of voting rights, by contract, or otherwise.
You or Your.
Products and Services.
HyperOffice may modify or discontinue offering or supporting any or all of the Products or Services at any time, for any reason, without notice, and without liability to you or any other party.
Use of Products and Services.
In exchange for the limited, non-exclusive, and non-transferable right to use the Products and Services, you are responsible for maintaining the confidentiality of your HyperMeeting account and password and for restricting access to your computer. You agree to accept complete responsibility for all activities that occur in connection with your HyperMeeting account and password.
The Products and Services shall not be copied, distributed, duplicated, modified (whether or not such modification constitutes a derivative work), reproduced, sold, stored (including any portion of the software or documentation thereof), or otherwise exploited without the express written consent of HyperOffice. You shall not: (1) frame or utilize framing techniques to enclose any of HyperOffice's Intellectual Property without the express written consent of HyperOffice; or (2) use meta tags, water colors, or any other "hidden text" utilizing HyperOffice's Intellectual Property without the express written consent of HyperOffice.
HyperOffice grants you a limited, non-exclusive, and non-transferable right to create a hypertext link to the home page of the Website so long as the hypertext link does not portray HyperOffice in a derogatory, false, misleading, or otherwise offensive manner. You may use HyperOffice's service marks, trademarks, or trade name in connection with the hyperlink, so long as the ownership of these service marks, trademarks, or trade names is attributed by you to HyperOffice.
Use of the Products and Services requires a certain level of knowledge and familiarity with the Internet and the World Wide Web. It is not the responsibility of HyperOffice to provide free support to you for the use of the Internet, World Wide Web, or the Products and Services. Only Products and Services marked as "free" or "no charge" are free or without charge, all other Products and Services are provided for a fee and you are liable to HyperOffice for such fees.
The Products or Services are protected by state, federal, and common law Intellectual Property rights. Intellectual Property shall mean all intellectual property, industrial property, and other intangible rights including without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property or industrial property laws, regulations, or rules of any country.
In this respect, all content on the Website, including, but not limited to data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Website are owned by HyperOffice. This Website content may not be used in connection with any product or service that is not owned by HyperOffice, used in any manner that is likely to cause confusion by consumers, or used in any manner that disparages, denigrates, or otherwise damages or injures the good reputation of HyperOffice or HyperOffice's Products or Services.
Any complaint against HyperOffice for alleged violations of Intellectual Property rights shall be submitted in accordance with HyperOffice's Intellectual Property Complaint Procedure below.
Representations and Warranties.
You represent and warrant that you shall not use the Products and Services in connection with any automated device, and that the Products and Services shall only be used through a personal computer under your manual control.
HyperOffice represents and warrants that HyperOffice has the exclusive and unchallenged title, right, power, interest, and authority to offer the Products and Services and to grant the limited, non-exclusive, and non-transferable rights herein. HyperOffice further represents and warrants that the Products and Services are free from any intentionally created security threat.
Disclaimer of Warranties; Limitations of Liability; and Indemnification.
To the fullest extent permissible by applicable law, HyperOffice expressly disclaims any and all responsibility or liability for the accuracy, availability, content, completeness, legality, operability, or reliability of any data, information, or material in connection with the Products and Services. HyperOffice's Products and Services are provided on an "as is" and "as available" basis. You understand and agree that you access, download, or otherwise obtain data, information, and materials from the Products and Services at your own discretion and risk and that you will be solely responsible for any damage to your computer (or any software or hardware thereof) or any loss of data or information in connection with the Products and Services.
Under no circumstance shall HyperOffice be liable to you or to any third party for any damages of any kind, including, but not limited to direct, indirect, incidental, punitive, special, exemplary, or consequential damages. This provision shall apply to prevent liability of HyperOffice for any direct, indirect, incidental, punitive, special, exemplary, or consequential damages whether such action, claim, or suit is based on contract, negligence, tort, warranty, or otherwise (even if HyperOffice has been advised of the possibility of such damages). Such limitation of liability shall apply whether or not the damages arise, directly or indirectly from the use or misuse of, or reliance upon, the Products and Services; from the inability to use the Products and Services, including mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of God, communication failure, theft, or destruction; or from the interruption, suspension, or termination of the Products and Services. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Acceptable Use and Lawfulness.
You shall use the Products and Services only for lawful purposes. You are prohibited from using the Products and Services for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any other material (including links to such material) that HyperOffice deems, in its sole discretion, to be objectionable whether or not such material is unlawful. You agree to defend, indemnify, and hold HyperOffice harmless from any action, claim, or suit resulting, directly or indirectly, from your use (or allowed use by others) of the Products and Services to disparage, denigrate, or otherwise damage or injure the reputation of any third party.
You shall not use the Products and Services to impersonate, alter the attribution of origin, misidentify or conceal the identity of the sender, recipient, or another person, or to misrepresent authorization to act on behalf of a third party.
Termination and Cancellation.
If either HyperOffice terminates, or you cancel, your right to use the Products and Services, HyperOffice shall have all the legally available rights and privileges to receive any outstanding amount owed by you to HyperOffice. In addition, if you are a party to a Reseller Agreement, HyperOffice shall have all the legally available rights and privileges to receive directly from you any outstanding amount owed by you to Reseller for your right to use the Products and Services if (i) payment for your right to use the Products and Services has not been made by you to Reseller; and (ii) Reseller has not effectuated payment for your right to use the Products and Services to HyperOffice.
Under no circumstances shall you be eligible to receive reimbursement, in whole or in part, of any payment to HyperOffice unless the Products and Services were unable to be used as a result of uptime of the Products and Services below 99.9% for a certain thirty (30) day payment period. In this limited event, you shall be eligible to receive a pro rata (1/30th of the payment due on the payment date immediately subsequent to the date during which the Products and Services were unable to be used) reimbursement for each individual day during the thirty (30) day payment period for which the uptime of the Products and Services was below 99.9%. To qualify for a pro rata reimbursement of payment under this Section, you must notify HyperOffice in writing within seventy-two (72) hours of such inability to use Products and Services. HyperOffice, in its sole discretion, shall determine whether uptime of the Products and Services was below 99.9% for a certain thirty (30) day payment period.
Application Corporation d/b/a HyperOffice ATTN: Legal Department 6101 Executive Blvd., #115 Rockville, Maryland 20852 E-Mail: email@example.com
You agree that HyperOffice may communicate with you electronically. Such electronic communications may consist of e-mail or other notices on the Website. You agree that all agreements, notices, disclosures, and other communications HyperOffice sends to you electronically will satisfy any requirement that such communication be in writing.
- A description of the material that you allege has been infringed or violated;
- A copy or specimen of the material that you allege has been infringed or violated;
- The date of first use, and a description of such use, of the material that you allege has been infringed or violated;
- Any application, prosecution, registration, or renewal information in connection with the material that you allege has been infringed or violated;
- A description of where the material is located that you allege infringes or violates your material;
- Your full name, current mailing address, telephone number, and e-mail address;
- A statement by you that you are the true and correct owner of the material that you allege has been infringed or violated, or are the agent of the owner of the material alleged to be infringed or violated;
- A statement by you that the foregoing information is accurate and complete in all respects; and
- Your electronic or physical signature, or the electronic or physical signature of the agent authorized to act on behalf of the owner of the material alleged to be infringed or violated.
Personal Information is information that identifies you or relates to your use of the Products and Services. HyperOffice collects Personal Information from you that you enter to obtain a valid HyperOffice account or give to HyperOffice in any other way. You can choose not to provide certain Personal Information, but then you may not be able to take advantage of certain features offered by HyperOffice. HyperOffice uses the Personal Information to respond to your requests, customize features, develop new products and services, improve existing Products and Services, communicate with you, or for any other reason. The Personal Information collected by HyperOffice is kept completely private and confidential and is not shared with third parties. HyperOffice shall make no effort to validate any information provided by you.
Although HyperOffice does not license or sell your Personal Information to third parties, HyperOffice may disclose your Personal Information as required by law or if HyperOffice has a good faith belief that the disclosure of your Personal Information is reasonably necessary to protect the rights, property, or safety of you, HyperOffice, or other third party.