Terms of Service

By using our products, services and sites you agree to the following terms, conditions, policies, guidelines or amendments thereto known as the Terms of Service. Calindora reserves the right to modify the Terms of Service without notice.

Offensive Content

You may not publish or transmit via Calindora's service any content that Calindora reasonably believes:

• constitutes child pornography;
• constitutes pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person's privacy;
• creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person's trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Calindora; or
• is otherwise malicious, fraudulent, or may result in retaliation against Calindora by offended viewers.

Content published or transmitted via Calindora's service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by Calindora.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain Calindora's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Calindora's reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Calindora's requests to produce consent evidence within 72 hours of receipt of the request.
• The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our web site or from one of our partner sites," and information on how to request evidence of the consent.
• You have procedures in place that allow a recipient to easily revoke their consent, such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored with 72 hours, and you notify recipients that their revocation of their consent will be honored within 72 hours;
• You must post an abuse@yourdomain.com e-mail address on the first page of any web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a privacy policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Calindora service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Calindora service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Calindora may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Calindora service.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Calindora will terminate the service of repeat copyright infringers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Calindora network.

Billing

The initial service term shall begin on the date that Calindora generates an e-mail message to you announcing the activation of your account and shall continue for the number of months stated in your order. Upon expiration of the initial term, your account shall automatically renew unless you or Calindora provides the other with written notice of non-renewal at least seven (7) days prior to the expiration of the current term.

Fees are payable in advance on the first day of each billing cycle. Your billing cycle shall be dependent on the length of term specified in your order. Calindora may require payment for the first billing cycle before beginning service. If the order provides for credit/debit card billing, you authorize Calindora to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the term of your service. Otherwise, Calindora will send you an invoice via electronic mail to the primary customer contact listed on the order. Fees shall be due on the date listed on the invoice. Invoices left unpaid for five days will result in suspension of service.

Customer Information

You represent and warrant to Calindora that the information you have provided and will provide for purposes of establishing and maintaining the service is accurate. If you are an individual, you represent and warrant to Calindora that you are at least 18 years of age. Calindora may rely on the instructions of the person listed as the primary customer contact on the order with regard to your account until you have provided a written notice changing the primary customer contact.

Indemnification

You agree to indemnify and hold harmless Calindora, Calindora's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of your services in violation of applicable law or this policy by you or any person using your login information, regardless of whether such person has been authorized to use the services by you.

Disclaimer of Warranties

CALINDORA DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTEND PERMITTED BY APPLICABLE LAW CALINDORA DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTEND PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE POLICY, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THIS POLICY TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF CALINDORA AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY YOU FOR THREE MONTHS OF SERVICE.

Suspension/Termination

You agree that Calindora my suspend services to you without notice and without liability if: (a) Calindora reasonably believes that the services are being used in violation of this policy; (b) You fail to cooperate with any reasonable investigation or suspected violation of this policy; (c) Calindora reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (d) as lawfully requested by a law enforcement or regulatory agency. You shall pay Calindora's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

You may terminate your service with Calindora prior to the expiration of any service term without further notice and without liability if Calindora fails in material way to provide the service in accordance with this terms of this policy and does not cure the failure within ten (1) days of your written notice describing the failure in reasonable detail. Service may be terminated by Calindora prior to the expiration of any service term without further notice and without liability as follows: (a) upon ten (10) days notice if you are overdue on the payment of any amount due under this policy; (b) you materially violate any other provision of this policy and fail to cure the violation within thirty (30) days of a written notice from Calindora describing the violation in reasonable detail; (c) upon one (1) day notice if you violate the "Customer Information" section of this policy. Either party may terminate service upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Requests for Customer Information

You agree that Calindora may, without notice to you, (a) report to the appropriate authorities any conduct by you or any of your customers or end users that Calindora believes violates applicable law, and (b) provide any information that it has about you or any of your customers or end users in response to a lawful formal or informal request from a law enforcement agency or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Backups

You agree to maintain a current copy of all content hosted by Calindora notwithstanding any agreement by Calindora to provide backup services.

Changes to Calindora's Network

Upgrades and other changes in Calindora's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of your hosted content and/or applications. Calindora reserves the right to change its network in its commercially reasonable discretion, and Calindora shall not be liable for any resulting harm to you.

Notices

Notices to Calindora under this policy shall be given via electronic mail to the e-mail address posted for customer support on http://www.calindora.com. Notices to you shall be given via electronic mail to the individual listed as the primary customer contact on the order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. You may change your notice address by a notice given in accordance with this section.

Force Majeure

Calindora shall not be in default of any obligation under this policy if the failure to perform the obligation is due to any event beyond Calindora's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude for which precautions are not generally taken in the industry.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trademark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.

Copyright © Jason Lynch 2008
Terms of Service | Privacy Policy