Terms of Use - 16th July 2005
1- Acceptance of Terms
InSynch Services ("InSynch") welcomes
you. InSynch Services provides its service to you,
subject to the following Terms of Use ("TOU"), which may
be updated from time to time without notice to you. You
can review the most current version of the TOU posted on
our website at any time. In addition, when using
particular InSynch Services owned or operated services,
this shall mean that you accept without modification all
of the terms, conditions, and notices contained in these
TOU, If you do not accept these TOU in their entirety,
you may not access or use the InSynch Services.
Nevertheless you shall be subject to any posted
guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOU.
InSynch Services may also offer other services that are
governed by different Terms of Service in this case each
service shall be governed by its own TOU unless
otherwise noted.
2- Description of Services
InSynch Services provides users with
access to a rich collection of resources, including but
not limited to various communications tools, groupware
software, search services, personalized content and
branded programming through its network of properties
which may be accessed through any various medium or
device now known or hereafter developed (the "Service").
You also understand and agree that the Service may
include advertisements and that these advertisements are
necessary for InSynch Services to provide the Service.
You also understand and agree that the Service may
include certain communications from InSynch Services,
such as service announcements, administrative messages
and any other communication originating from InSynch
Services, and that these communications are considered
part of InSynch Services membership and you will not be
able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or
enhance the current Service, shall be subject to the TOU.
You understand and agree that the Service is provided
"AS-IS" and that InSynch Services assumes no
responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or
personalization settings. You are responsible for
obtaining access to the Service and that access may
involve third party fees (such as Internet service
provider or airtime charges). You are responsible for
those fees, including those fees associated with the
display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment
and/or software necessary to access the Service.
3- Usage limitations
You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any
information, software, products or services that are
part of the InSynch Services except as expressly
provided in these Terms of Use. Also you may not use any
software or hardware that reduces the number of users
directly accessing or using the InSynch Services
(sometimes called "multiplexing" or "pooling" software
or hardware).
4- Member's user name, password and
security
You will receive a password and
account designation within few working days from
completing 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 InSynch Services of
any unauthorized 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. InSynch
Services cannot and will not be liable by any mean for
any loss or damage arising from your failure to comply
with this Section 4.
5- Service Interruption
In Synch Services shall make every
effort to keep its services operational. However,
certain technical difficulties may, from time to time,
result in temporary service interruptions. You agree
that InSynch Services shall not be held liable for any
of the consequences of such interruptions in any way or
form and you acknowledge that such interruptions shall
not be considered a breach of this agreement.
6- Modifications of Service
InSynch reserves the right at any time
and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that InSynch
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the
Service.
7- Indemnity
You agree to indemnify and hold
InSynch, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of Content you store, synchronize, transmit
or make available through the Service, your use of the
Service, your connection to the Service, your violation
of the TOU, or your violation of any rights of another.
8-Termination of Agreement:
You agree that InSynch may, under
certain circumstances and without prior notice,
immediately terminate your InSynch account, any
associated email address, and access to the Service.
Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOU or
other incorporated agreements or guidelines, (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), (e) unexpected
technical or security issues or problems, (f) extended
periods of inactivity, (g) you have engaged in
fraudulent or illegal activities, and/or (h) nonpayment
of any fees owed by you in connection with the Services.
Termination of your InSynch account includes (a) removal
of access to all offerings within the Service, including
but not limited to InSynch Calendar, Groups, Contact
Lists, Journal, Alerts and any other data stored on the
system, (b) deletion of your password and all related
information, files and content associated with or inside
your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all
terminations for cause shall be made in InSynch sole
discretion and that InSynch shall not be liable to you
or any third-party for any termination of your account,
or compensation for any damages or data loss, or any
partial or full refund.
9- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. INSYNCH 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.
INSYNCH MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR 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.
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.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM INSYNCH OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOU.
A SMALL PERCENTAGE OF USERS MAY
EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR
WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF
YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
10- Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT INSYNCH SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY 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 INSYNCH 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) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR STORED DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11- 14 Days free trial period
We
believe you will find our service so useful in your
Microsoft Outlook Synchronization among several devices
and locations, we offer a free of charge 14 day money
back guarantee. If you are not completely satisfied for
any reason just login to your StormPay control panel
before the 14
days ending date and cancel your subscription and no charge shall be applied on your
credit card.
12- Billing options
All fees and related costs, will be
billed each month prior to the service period,
and will be due upon receipt. For overdue items that
necessitate collection activity you agree to be
responsible for all costs of collection, including but
not limited to attorney fees. You further agree that
your service may be interrupted for non-payment.
13- Refund Policy
By signing up to InSynch Services you
confirm that you have downloaded the service manual and
read it carefully for all details and found the service
matches your requirements and you have used the 14 days
trial period to confirm it. Accordingly InSynch
retains the full right to deny any partial of full
refund without giving any reason, and under no
circumstances you or any third party will be liable to
receive refund after the end of the 14 days trial period.
In case InSynch and in its own
discretion decide to partially or fully refund any
amounts paid for the monthly subscription, you or any
third party shall not be liable to any value exceeding
the value of the monthly subscription after deducting
any costs incurred such as but not limited to, bank
charges, charge back fees, administrative fees or
prorated value for using the service for a part of the
subscription period.
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By agreeing to these Terms and
Conditions you certify that all information you supply
to this service is true and correct to the best of your
knowledge.
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