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Posted: June 13, 2014
Effective: June 14, 2014
Acceptable Use Policy
You agree not to misuse the Web Preflight service ("Service"). For example, you must not, and must not attempt to do the following:
- scan, probe or test the vulnerability of any system or network;
- attempt to circumvent or breach any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Service;
- disrupt or interfere with any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service;
- search or access the Service by any means other than our publicly supported interfaces (for example, "scraping");
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or Service other than your own without appropriate authorization;
- abuse Web Preflight referrals or promotions to get more access to Service not included in your free or paid subscription;
- abuse the Service in a manner that circumvents their frequency of use and access policy;
- sell the Service or Service accounts via unauthorized channels;
- use automated or other means to create accounts in bulk or to access the Service other than by using our official interface and/or APIs;
- upload or attempt to upload materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- violate the law in any way including uploading or attempt to upload material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
Terms of Service
These terms of service ("Terms") cover your use and access to the Service, client software and websites ("Service") provided by Off-Site Services, Inc.
By using our Service, you’re agreeing to be bound by these Terms, and to review our Privacy and Acceptable Use policies. If you’re using our Service for an organization, you’re agreeing to these Terms on behalf of that organization.
Your Files & Your Permissions
When you upload files to our service to be evaluated, we temporarily store them to parse file content via our scripts. We also retain files for a short period of time in case they are going to be used for website project where we are providing development services. You give us permission to do those things, and this permission extends to trusted third parties we work with. We do not claim any right to your work except for the limited rights that enable us to offer the Service.
You’re responsible for your conduct, Your Files and you must comply with our Acceptable Use Policy. Content in the Service may be protected by others’ intellectual property rights. Please don’t upload or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people upload and share via the Service.
Please safeguard your password to the Service, make sure that others don’t have access to it, and keep your account information current.
Our Service are not intended for and may not be used by people under the age of 13. By using our Service, you are representing to us that you’re over 13.
To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Service, attempt to do so, or assist anyone in doing so.
The Service are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Service, others’ content in the Service, Web Preflight trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
No Refunds. You may cancel your Web Preflight Paid Account at any time but you won’t be issued a refund.
Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Web Preflight for Business
Email address. If you sign up for a Web Preflight account with an email address provisioned by your employer, your employer may be able to block your use of Web Preflight until you transition to a Web Preflight for Business account or you associate your Web Preflight account with a personal email address.
Using Web Preflight for Business. If you join a Web Preflight for Business account, you must use it in compliance with your employer’s terms and policies. Please note that Web Preflight for Business accounts are subject to your employer’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Web Preflight for Business account. They may also be able to restrict or terminate your access to a Web Preflight for Business account. If you convert an existing Web Preflight account into a Web Preflight for Business account, your administrators may prevent you from later disassociating your account from the Web Preflight for Business account.
You’re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others’ use of the Service. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Service for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Fees & Payment
Fees. Customer will pay, and authorizes Web Preflight to charge using Customer’s selected payment method, for all applicable fees. Fees are non-refundable except as required by law. Customer is responsible for providing complete and accurate billing and contact information to Web Preflight. Web Preflight may suspend or terminate the Services if fees are past due.
Auto Renewals and Trials. IF CUSTOMER’S ACCOUNT IS SET TO AUTO RENEWAL OR IS IN A TRIAL PERIOD, Web Preflight MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS CUSTOMER NOTIFIES Web Preflight THAT CUSTOMER WANTS TO CANCEL OR DISABLE AUTO RENEWAL. Web Preflight may revise Service rates by providing Customer at least 30 days notice prior to the next charge.
Taxes. Customer is responsible for all taxes. Web Preflight will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Web Preflight with an official tax receipt or other appropriate documentation.
Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer (i) must provide the purchase order number at the time of purchase and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void.
Service "AS IS"
We strive to provide great Service, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, Web Preflight AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE Service. THE Service ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Web Preflight, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Web Preflight HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Service MORE THAN THE GREATER OF $10 OR THE AMOUNTS PAID BY YOU TO Web Preflight FOR THE PAST 12 MONTHS OF THE Service IN QUESTION. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
We want to address your concerns without needing a formal legal case. Before filing a claim against Web Preflight, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Web Preflight may bring a formal proceeding.
We Both Agree To Arbitrate. You and Web Preflight agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York City (NY), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Web Preflight will pay all arbitration fees for claims less than $1,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Web Preflight will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Web Preflight may assert claims, if they qualify, in small claims court in New York City (NY) or any United States county where you live or work, solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Web Preflight agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York City (NY). Both you and Web Preflight consent to venue and personal jurisdiction there.
These Terms will be governed by New York State law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Web Preflight with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Web Preflight’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any h attempt will be void. Web Preflight may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.