TERMS OF USE

AGREEMENT BETWEEN USER AND ONSPRING

The Effective Date of these Terms of Use is April 7th, 2013. The website www.onspring.com (identified herein as the “Site”) and the web pages thereof are owned and operated by Onspring Technologies, LLC, a Kansas limited liability company (“Onspring”). Please read the following sections carefully, as they contain the terms and provisions covering your use of the Site. Additionally, you should review ourPrivacy Policy. Inquiries or concerns regarding these Terms of Use or the Privacy Policy may be sent by any of the following: via e-mail to legal@onspring.com or by mail to Website Inquiries, Onspring Technologies, 8500 West 110th Street, Suite 220, Overland Park, KS 66210.

PLEASE READ THE FOLLOWING TERMS OF USE (OTHERWISE NOTED AS THE “AGREEMENT”) CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT. IF YOU DO NOT ASSENT TO THIS AGREEMENT, YOU MAY NOT USE THE SITE: http://www.onspring.com.

MODIFICATION OF THESE TERMS OF USE

Onspring reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.

USER REGISTRATION

You may be required to register in order to access certain features of the Site. You will choose a user name and a password through Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Onspring cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering on the Site, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, and/or telephone number when registering on the Site. You agree not to register under false pretense, such as registering on behalf of another individual or organization in order to avoid appropriate registration. By registering with the Site, you consent to receive periodic communication from Onspring by e-mail regarding the status of your account or other information associated with your account. For more information in how Onspring may use the information you provide during registration, please see the Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

The Site and all materials available on it are the property of Onspring, its licensors, or its users and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Onspring’s, our licensors’s, or our users’s intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal or internal business uses.

LINKS TO THIRD PARTY SITES

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Onspring, and Onspring is not responsible for the contents of any Linked Site. Onspring is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Onspring of the Linked Site or create any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Onspring that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

USE OF COMMUNICATION SERVICES

The Site may contain or provide links to bulletin board services, blogs, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a select group of users (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Onspring reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Onspring’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Onspring does not control or endorse the content, messages or information found in any Communication Service and, therefore, Onspring specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MONITORING OF CONTENT

Onspring has no obligation to monitor the Communication Services. However, Onspring reserves the right to review materials and content posted to a Communication Service and to remove any materials in its sole discretion.

MATERIALS PROVIDED TO ONSPRING OR POSTED ON THE SITE

Onspring does not claim ownership of the materials or ideas that you provide to Onspring (including feedback and suggestions) or post, upload, input or submit to Onspring through your use of the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Onspring, its affiliated companies and necessary sublicensees permission to use your Submission an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submission for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to Onspring’s use of your Submission. Onspring is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Onspring’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license above.

WARRANTY DISCLAIMER

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONSPRING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ONSPRING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONSPRING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ONSPRING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONSPRING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

ONSPRING’S LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO ONSPRING FOR ANY PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.

USER INDEMNIFICATION

You agree to indemnify Onspring and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this Agreement.

TERMINATION/ACCESS RESTRICTION

Onspring reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Kansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Johnson County, Kansas, U.S.A. in all disputes arising out of or relating to the use of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Onspring as a result of this Agreement or use of the Site.

Onspring’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Onspring’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Onspring with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Onspring with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Onspring with respect to the Site.

COPYRIGHT COMPLAINTS

Onspring respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Onspring’s copyright agent with the following information.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Description of the copyrighted work that you claim has been infringed;
  3. The location of the material that you claim is infringing is located on the Site;
  4. Your address, telephone number and e-mail address;
  5. A statement that your claim of infringement is based on a good faith belief; and
  6. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Onspring’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows: copyright@onspring.com.