Hosting Agreement and Acceptable Use Policy

This license permits you (LICENSEE) to use the software (Connect Daily) and hosting services under the specific terms of this agreement. Ownership of the software including the programs, documentation, and any other materials provided with the program, and any components thereof ("LICENSED SOFTWARE") remains with MH Software, Inc. ("LICENSOR").
Prohibited Activities
The following items are examples of prohibited activities and not an exhaustive list. LICENSEES who engage in prohibited activities will have their host agreement immediately terminated and forfeit any amounts pre-paid for hosting services.

  • Attempting to use the system to break into, degrade the capability, check for vulnerability, or otherwise interfere with the operation of the host computer or any other computer.
  • Attempting to access the data or information of any other user on the system.
  • Sending Unsolicited Commercial EMail, posting advertisements in News groups, forging Email headers, or any other activity related to Unsolicited Commercial Email.
  • Posting unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortuous, indecent, pornographic, or inaccurate information.
  • Posting material that harasses, degrades, or intimidates an individual or group of individuals on the basis of race, religion, gender, sexual orientation, ethnicity, or any other reason.
  • Using the software or service in support of activities that are considered illegal in your jurisdiction.
  • Infringing on the copyright, trademark, or other intellectual property right of another person or organization.
  • Sharing host login (as opposed to calendar login) information with persons not directly associated with your company or organization.
  • You may not provide individual calendars to others outside your organization in exchange for consideration. This applies whether the consideration is given by the immediate user or a third party.
  • Any other activity, which in the sole opinion of the Licensor is equivalent in spirit or fact to items listed above.


Administration and Payment
In addition to the prohibited activities, this agreement may be terminated for the following reasons:

  • You fail to pay your hosting fee within 30 days of the due date.
  • You fail to provide and maintain accurate contact information to Licensor.
  • An administrative fee of $75.00 may be charged for any of the following activities:
    • Restoring files or data where the loss was directly caused by the customer or authorized users.
    • Re-activating an account that was terminated for non-payment.


Security
Licensor employs reasonable technology for information protection, including off-site backup and appropriate security practices, but makes no warranty that data is totally secure or can never be revealed or lost.

Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by notifying MH Software in writing that you wish to terminate your hosting service. This Agreement will terminate immediately with written notice to registered contact from Licensor if you fail to comply with any provision of this Agreement.

Modifications to Terms
LICENSOR may alter these terms and conditions at any time. LICENSEE understands and agrees to be bound by these new terms. LICENSEE's sole recourse should they choose to discontinue service under the new terms is a pro-rated refund of any pre-paid hosting fees.

Limits of Liability
LICENSOR makes no warranty of any kind, expressed or implied, with regard to the program or documentation contained in this product. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, INCLUDING THE CONDITION, THE CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY ERRORS OR OTHER LATENT OR PATENT DEFECT, ANY INFRINGEMENT OF ANYONE ELSE'S INTELLECTUAL PROPERTY RIGHTS, ANY NEGLIGENCE, THE MERCHANTABILITY OF THE LICENSED SOFTWARE, AND FITNESS FOR ANY PARTICULAR USE. LICENSOR SHALL NOT BE LIABLE IN ANY EVENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) IN CONNECTION WITH OR ARISING OUT OF THE USE OF THIS PROGRAM. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S LIABILITY EXCEED THE COST PAID FOR THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THIS POSSIBILITY.

ADDITIONALLY, LICENSOR MAKES NO EXPRESS CLAIMS REGARDING SYSTEM AVAILABILITY AND IS NOT LIABLE FOR ANY LOSS THAT CUSTOMER SUFFERS BECAUSE THE SYSTEM WAS NOT AVAILABLE.

Force Majeure
Either party shall be excused from any delay or failure in performance hereunder caused by any occurrence or contingency beyond its reasonable control, including without limitation acts of God, war, riot, earthquake, labor disputes, and government requirements.

Governing Law
Any action related to this Agreement will be governed by Colorado law and controlling U.S. federal law. Any action or proceeding brought by either party against the other arising out of or related to the Agreement shall be brought only in a State or Federal Court of competent jurisdiction located in the City and County of Denver, Colorado. The parties hereto agree to in personam jurisdiction of said courts.

Severability
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

Integration
This Agreement is the entire agreement between you and Licensor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

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